We use cookies to give you best possible experience on our site. By continuing to use the site you agree to our use of cookies. Find out more about our Cookies Policy Close

GENERAL TERMS

GENERAL TERMS

Welcome to our Community! Please read carefully these General Terms and Conditions (hereinafter, the “General Conditions” or the “Conditions”) because they contain important information concerning rights and obligations and they describe the nature of the contractual relationship between the parties.

OUR GENERAL CONDITIONS

DEFINITIONS

The following terms will have the meanings defined herein for all purposes, unless otherwise required by the context. The definitions are equally applicable whether terms are mentioned in the singular or plural.

“Holiday Home” means a tourist property in an appropriate condition for immediate use that fully complies with all applicable legislation and is sufficiently insured to cover the Guests and their possessions, ready for rental by a Host with sufficient rights to rent the property.

“Host” means a User offering a Holiday Home via the Platform.

Travel Agency means any duly qualified professional travel agency that complies with all of the rules and requirements enabling it to be defined as a travel agency and is registered on the Platform in order to request Holiday Homes and Services on behalf of the Guest.

“Conditions of the Host” means the particular stipulations laid down by the Host in order to enter into an agreement with a Guest, including not only rules for the use of the Holiday Home (“rules of conduct”) but also the minimum number of nights required for a Booking or the cancellation policy. The contractual relationship between the Host and the Guest is composed of both the Host Conditions and these General Conditions.

“Content” means text, graphics, images, and, in general, any information accessible through the Platform.

Travel Agency’s Commission means the percentage that BE MATE will pay each month to the Travel Agency for marketing the Platform among its clients, which amount has been agreed by BE MATE and each Travel Agency in a separate document from these Conditions.

“User Account” means the profile required to access the Platform, (i) offering a Holiday Home, as a Host, and/or carrying out bookings as a Guest, and/or (iii) booking a Holiday Home as a Travel Agency on behalf of the final Guest by filling out an online registration form.

Travel Agency Account” means the profile required to access the Platform in order to book a Holiday Home on behalf of the final Guest.

“Ambassador Hotel” means the hotel operator of the BE MATE community, which could provide directly to Guests certain additional services that may enhance their experience and make our Platform unique.

“Guest” means a User accessing the Platform to book a Holiday Home with a Host, whether or not the Service is finally booked. Any final User who accesses the Platform in order to make a booking will be deemed to be a Guest, regardless of whether he/she is an individual who accesses the Platform on his/her own account or does so through one of the Travel Agencies.

“Tax” means any tax or similar charge payable to any tier of government or official agency which may be levied in any way on the transactions carried out via the Platform, on the provision of any Services which may be contracted on the same, or on the net income obtained by the Users.

“Agency Registration Number” means the numerical code that BE MATE will provide to each Travel Agency once it has registered as a User in the Platform so that it uses it in each of the Travel Agency Bookings that it makes.

“Holiday Home Listing” means the offer of a Holiday Home created from a User Account with the purpose of being rented by Guests. When a User creates a Holiday Home Listing, it becomes a Host. A Host is entitled to have as many Holiday Home Profiles as it wishes.

“Platform” means the www.bemate.com website owned by BE MATE on which Hosts, Guests, Travel Agencies and Service Providers can make contact and carry out transactions.

“Price” means the amounts established by the Hosts for the use and enjoyment of the Services offered via the Platform. Prices are determined exclusively by the Hosts and not by BE MATE. The Hosts can decide entirely at their own discretion whether or not to include a charge for cleaning services or a legal deposit in their prices, unless the applicable laws do not permit this.

“Total Price” means the sum of the Price, the Host Charge, the Guest Charge and any Taxes pursuant to the applicable legislation.

“Service Provider” means a service company that can itself provide Third Party Services to the Users of the Platform that make a Booking and/or offer other services using the Platform as a means of connecting with Guests, contracting directly with them. The Ambassador Hotels are included among the Service Providers.

“Booking” means contracting any Service offered via the Platform by clicking on the button “Request Booking”. In order to confirm the Booking, the previous acceptance by the Host and/or the Service Provider is required.

Travel Agency Booking means the booking of any Holiday Home or Service offered on the Platform through the Request Booking or Instant Booking button, carried out by the Travel Agency on behalf of a Guest.

“Instant Booking” means contracting any Services offered via the Platform through the Instant Booking button without the acceptance of the Booking by the Host and/or the Service Provider being required for it to be confirmed.

“Service” means (i) Bookings of a Holiday Home made by Guests from Hosts and (ii) the provision of Third Party Services available to Guests, all through the Platform, whether or not in exchange for economic compensation.

Third Party Services, means, but is not limited to, the following services:

  • “Tidy-up” service: this means the service offered directly by a Service Provider through the Platform to be provided at the accommodation address specified by the User at the time of making the Booking through the Platform, which consists in the regular cleaning of the surface area, which includes, but is not limited to, the following: (i) cleaning of surface areas, (ii) bed making, (iii) washing plates, (iv) organization and ordering of the objects on each shelf, (v) general quality control of the accommodation, (vi) cleaning floors, (vii) vacuuming floors and (viii) cleaning bathrooms.
  • “Transfer” service means the service offered directly by a Service Provider through the Platform which is provided at the address of origin and the destination specified by the User at the time of booking the service through the Platform, consisting in the private transport of travellers.
  • “Eat-in” service means the Service offered directly by a Service Provider through the Platform to be provided to the accommodation address specified by the User at the time of making the booking through the Platform and that consists in the home delivery of baskets of food.
  • WiMate: is a free service for Guests provided by New Ignition Business, S.L. which makes possible 24-hour Internet access anywhere in the city. All Guests may request this router through the Platform at the time of making the Booking.

“Be Mate Services”: means those services included in the Booking and provided to the Guests by BE MATE through its collaborators and which include the following:

  • 24-hour key handover or delivery service at the Ambassador Hotel indicated in the Booking, provided that the Booking localization number can be given.
  • Luggage storage in the Ambassador Hotel indicated in the Booking documents which will be identified by giving the localization number of the Booking.
  • 24-hour telephone assistance during the total stay in the Holiday Home in Spanish and English.
  • City Mate Service. This is a personal service provided by authorized collaborators of BE MATE. It consists in: (i) revision of the apartment before the Guest’s arrival, (ii) welcome at the time of check in by the Guest, (iii) coordination service in communications between the Host and the Guest, (iv) contact during the Guest’s stay in the city for consultations and the contracting of Services by telephone on behalf of the Users.

“Guest Charge” means the fee charged by BE MATE to the guest for the use of the Platform, namely 10% of the Price + VAT. The Guest charges will be indicated at the time the Guest sends the Booking details to the Host.

“Host Charge”: means the fee charged by BE MATE to Hosts for the use of the Platform, namely 5% of the Price + VAT.

“Accommodation Charge”: means the sum of the Guest Charge and the Host Charge.

“Service Charge” means the amount that BE MATE charges and retains from the Service Providers for use of the Platform. This amount will be agreed with each Service Provider during the registration process for each of them on the Platform.

“Charge”: means the sum of the Accommodation Charge and the Service Charge.

“User” means a natural person or legal entity completing the registration process to create a BE MATE User Account, including, but not limited to, Hosts, Guests, Travel Agencies and Service Providers.

“Referred User” means the natural or legal person who, through a Travel Agency, finalises the registration process as a Guest, creating a User Account and carrying out a Holiday Home or Services Booking on BE MATE using the Registration Number provided by the Travel Agency.

ACCEPTANCE

1.1 The following General Terms and Conditions will apply to the Users of the www.bemate.com Platform owned by BE MATE COMMUNITY ESPAÑA, S.A. (sole shareholder company) (hereinafter “BE MATE”), a Spanish company with Tax Code A-87035838, which has its registered office at Calle Velázquez 50, 3rd floor, 28001 Madrid and is registered at Volume 32409, sheet M-583346, page 35 of the Madrid Companies Registry dated June 17, 2014.

1.2 The Platform may be used by any natural person of legal age in the full use of their mental faculties, or any person with sufficient rights of representation, as well as by legal entities. Before accessing the Platform you declare and guarantee that you are at least 18 years old.

1.3 Likewise, if you are acting on behalf of the owner or the Host of the Holiday Home, you represent and warrant that you have sufficient powers of attorney to bind him/her (including acceptance of these General Terms and Conditions and collection of the Price). In this regard, if the owner of a Holiday Home or any third party representing such owner intends to enter into the General Terms and Conditions in respect of the same Holiday Home, BE MATE will be entitled to deregister the Host from the Platform unless the Host proves that its representation is totally valid and binding. In such cases, BE MATE will not register in the Platform the Holiday Home under the name of the owner or the third party representative.

1.4 BE MATE will not accept as binding any condition apart from these General Terms and Conditions, unless such condition is expressly agreed in writing.

DESCRIPTION OF THE SERVICE

2.1 BE MATE is not a travel agency or a real estate broker or any other similar entity. We only act as a content hosting platform (the “Platform”) under the terms of Directive 2000/31/EC of the European Parliament and of the Council, of 8 June 2000, on certain legal aspects of information society services, in particular electronic commerce in the internal market.

2.2 The Platform permits suppliers (Hosts) or other types of operators (Service Providers) to establish contact with potential clients (Guests), who may act either on their own account or through Travel Agencies, with a view to freely reaching an agreement on the provision of different services. Under no circumstances will Be Mate mediate, in its own name or on behalf of others, in the contracting of the offered or booked services, its role being limited to making the Platform available to Users and collecting the Charge for the use of this service provided electronically.

2.3 Hosts will have the opportunity to advertise their Holiday Homes on the Platform with a description, images, price information, availability schedule, and a personal user profile (creating a Holiday Home Listing). Prices may vary in different periods, and additional Services may be specified and charged for, including, for example, cleaning or use of laundry facilities, provided that such services do not have to be included in the Price or their provision is prohibited pursuant to the applicable law.

2.4 The Guest accepts that any contract be entered into directly with the Host, the Travel Agency and/or the Service Provider, and BE MATE will not be a party to such agreements. Accordingly, we cannot accept liability towards either of the parties with regard to the execution of any contract nor can we guarantee the performance of any such contractual obligations. The terms and conditions of such contracts must be agreed by the parties, and will at all times comply with these General Terms and Conditions. In the case of Holiday Homes, they will also comply the specific terms and conditions (the “Host’s Terms and Conditions”) established by each Host in the Holiday Home Listing and in case of Services, with the specific terms and conditions established by each Service Provider.

2.5 BE MATE provides Users with an online rating system in the Platform, allowing mutual ratings.

2.6 Guests are offered the opportunity to contract a range of insurance products.

2.7 Hosts will have an additional guarantee (hereinafter, the “Host Guarantee”) that protects their Holiday Homes from the damage that they may suffer during a Guest’s stay provided that the Booking was made through the Platform and in accordance with these General Terms and Conditions.

2.8 In order to complete the experience of the relationship established between Guest and Host, BE MATE includes in its Platform the possibility that Service Providers (including Ambassador Hotels) who share the same philosophy of service excellence, provide specified Services to the Guests. These services are contracted by the Guest or Travel Agency directly with each Service Provider or Hotel Ambassador and bind him directly and exclusively with them.

2.9 Should it become necessary to interrupt or modify the Platform service, BE MATE reserves the right to do so without prior notice, and shall not be liable either to Users or third parties in such case.

USER REGISTRATION AND NEWSLETTER DELIVERY

3.1 In order to access the Platform and offer Holiday Home services as a Host or make Bookings as a Guest, Users must create a “User Account” by completing the online registration form, which requests certain information and data depending on the legislation applicable to each User. The information will be requested in the process of creating a User Account. Only natural persons of legal age and whose legal capacity is unrestricted may register.

3.2 In addition, if a Travel Agency wishes to access the Platform to book a Holiday Home on behalf of and in the name of a Guest, it must create a “Travel Agency Account”, filling in the online registration form in which certain information and data regarding the Travel Agency in question will be requested.

In each Booking that it makes on the Platform, the Travel Agency must provide complete information about the Guest that it represents and identify itself with the User number provided by BE MATE to each Travel Agency when it registers in the Travel Agency Account, which will be used and is necessary for the validity of the Bookings and the payment of the Agency Charges.

3.3 Upon registering, the User represents that all of the registration data provided is true, complete and accurate and undertakes to make such corrections or modifications in future as may be necessary to keep the registration data up-to-date, complete and accurate. User Accounts can be removed at any time by sending an e-mail to info@bemate.com. BE MATE will remove the User Account in the shortest period possible and in any event within the maximum period established by law for this purpose.

3.4 Users will be requested in the registration process to provide an e-mail address and to choose a password (the “Login Data”) for future log ins. BE MATE will facilitate the exchange of (additional) personal data between the Guest and the Host, but only in the case of a binding Booking between the parties. BE MATE will not be liable for the data entered in the User Account, which will be the sole responsibility of the User.

3.5 Users undertake to keep the password chosen secret and immediately to inform BE MATE if they suspect unauthorized use of their User Account.

3.6 BE MATE allows the registration of Users by logging in with the information provided from certain social networking sites of third parties (hereinafter 'SNS'), including but not limited to, Facebook or Google + through the Platform by two alternatives: (i) providing login information from their SNS account to BE MATE through the Platform; or (ii) allowing BE MATE access to their SNS account according to the applicable terms and conditions governing the use of the SNS account. The User represents that it may disclose the information required to commence a session of his/her SNS account and / or grant access to BE MATE to his/her SNS account without this implying a breach of any of the terms and conditions governing the use of the User’s SNS account. By granting this right, the User understands, accepts and agrees that BE MATE could access, make available and store (if applicable) any Content that the User has provided and stored in the SNS account. The User represents that all content of the SNS is considered to be owned by him/her.

3.7 We reserve the right to immediately close a User Account if it is shared or transferred or if it is shown that the login data provided are false or incomplete. Likewise, the User Account may be closed in the event of non-compliance with these General Terms and Conditions, where so instructed by any Government Agency or competent authority, if BE MATE learns that any Content or information provided by the User is unlawful, or if the User fails to access the Platform via the User Account for a period of more than six (6) months. We will not be liable for any damage resulting from the misuse or loss of the Login Data.

3.8 Users may currently register to use the Platform online free of charge.

3.9 By registering, Users accept these General Terms and Conditions, the Privacy Policy and the Cookies Policy.

3.10 The Platform may house links to websites or third party resources in order to carry on its corporate purpose. You accept and agree that BE MATE is not responsible to Users for the contents, products or services that are found or are available in said websites or resources.

[3.11 To request information regarding new promotions and receive communications in relation to our Services, you must press the “Newsletter” button and fill in a form with your personal details (name, email address, country). Once you have filled in all of the data press the “Send” button. After that, the data included will be shown for you to verify or, where appropriate, modify, stating in red and with an asterisk those fields that require correction. Once the data has been verified and, where appropriate, corrected, press the “Send” button. Commercial communications will then be sent to the email which you gave us. You may cancel this service at any time, either by (i) sending an email to the following address [info@bemate.com], identifying yourself as a user and indicating in the subject field of the email “Newsletter Cancellation”, or (ii) clicking the link made available for this purpose in any of the emails that you receive.]

BOOKINGS

4.1When a Host publishes a Holiday Home in the Platform, the proposal will be made subject to availability, to these General Terms and Conditions and to the Host’s Terms and Conditions). For these purposes, the Host will ensure that:

  • The description of properties and the images utilized are not unlawful, do not infringe third-party rights and refer only to the Holiday Home offered.
  • The information provided does not include any reference to third-party content.
  • The offer complies with all relevant legislation, in particular that which relates to property rentals between private parties, tourism and tax matters.
    1. There are two to ways to contract the Services offered on the Platform:
  • 4.2.1 Booking Request:
  1. a) The Guest or Travel Agency is deemed to be contracting the relevant Service by clicking the REQUEST BOOKING button.
  2. b) When the Guest or Travel Agency makes the booking request, BE MATE will request the Guest’s payment details.
  3. c) Hosts undertake to confirm or reject Booking requests within 24 hours. In case of cancellation by the Host or if the latter des not respond at all, the Booking request will be automatically cancelled, and the charges applied by BE MATE will be refunded.
  • 4.2.2 Instant Booking:
  1. a) The Guest or Travel Agency is deemed to be contracting this Service by clicking the ”Instant Booking” button. The Guest or Travel Agency will receive an email confirmation of the Instant Booking.
  2. b) the Instant Booking allows the Guest or Travel Agency to book immediately without having to wait for the Host’s confirmation.
  3. c) Once the Guest or the Travel Agency requests the Instant Booking, BE MATE will charge the full amount in question by the payment method indicated by the client.
  4. d) In case of Instant Booking, the Host will not refuse the request except in the situations referred to in clause 8.5.2 of these General Conditions.

4.3 The Host may include security deposits (hereinafter 'Deposit') in their Holiday Home Listings. Each Holiday Home Listing will state whether a Deposit is required. BE MATE does not manage the payment or refund of the Deposit. The Deposit may be requested in cash upon arrival of the Guest, by credit card or through PayPal. This deposit will be collected at the Guest's arrival and will be returned upon the Host’s departure.

4.4 BE MATE reports Booking requests made by Guests, or by Travel Agencies on behalf of the latter, to the Hosts online via the Platform, e-mail and/or SMS.

4.5 BE MATE will facilitate the exchange of personal data between Users, but only in the case of confirmed Booking between the parties. BE MATE will not be liable for the data entered in the User Account and Users will be solely responsible for their data.

4.6 Acceptance of the confirmed Booking request establishes a valid contract for the rental of a given Holiday Home by the Host to the Guest for a given period of time. At the same time, a charge will be made to the credit card of the Guest or the Travel Agency for the amount of the Price, and the Guest or Travel Agency will accept all of the terms, conditions, rules and restrictions established by the Host with regard to the Holiday Home (Host’s Terms and Conditions).

4.7 BE MATE offers the Services provided by the Hosts or other parties to the Users subject to availability. We make our best efforts to ensure the availability of the services at all times. However, site maintenance and extensions, or technical faults, may result in temporary restriction or interruption of the online services.

SERVICE MANAGEMENT AND PAYMENT PROCESSES

5.1 When the Host confirms a Holiday Home Booking via the Platform, the Guest or the Travel Agency will proceed to pay the amount agreed with the Host for use of the Holiday Home, which will be charged to the credit card whose details were previously requested in order to make the Booking, as well as the rest of the stipulated payments. Any additional charges will have been duly reflected in the description of the Holiday Home provided prior to the Booking request. As regards Instant Booking, as the confirmation by the Host is not required, the total amount of the Service will be paid by the Guest or Travel Agency at the moment of contracting the Service by clicking the button “Book Now”.

5.2 Guests undertake to perform correctly their contractual obligations with Hosts. Users accept and represent that BE MATE is exempt from any liability with respect to such agreements entered into by the Guests, Travel Agencies, Hosts and Service Providers, except for any payment obligations contracted by BE MATE.

5.3 Guests accept and agree that BE MATE acts as the payment collection agent on behalf of Hosts and Service Providers although it is not party to the agreement between the Users, its sole function being to accept the payments made in the name and on behalf of the Host. In this regard, by subscribing to these General Conditions, the Host and the Service Provider expressly accept that BE MATE may issue invoices on behalf of the Host as part of their duties as collection agent, without prejudice to the fact that both the Host and the Services Provider will coordinate with Be Mate the accounting aspects to be included in this invoice (i.e. series number, etc).

5.4 BE MATE collects the Charges for the use of the Platform. Where applicable, other taxes or levies of a municipal, regional and/or state nature (typically, but not solely, indirect taxes on consumption) may be added to the Charge, which are included with the relevant taxes, where applicable, in the Total Price that is shown to the Guest before Booking. BE MATE deducts the Host Charges before providing the amount to the Host.

5.5 BE MATE undertakes to pay the Host, after 24 hours have elapsed from the Guest’s arrival at the Holiday Home, the Price less the Host Charge and any applicable taxes to the Host to the account indicated in the Holiday Home Listing. BE MATE will not be liable for errors made by the Host in entering the relevant data, or for any third-party technical problems which might hinder or prevent transfers of the aforementioned amounts.

5.6 BE MATE may offer Hosts special promotions and/or discounts subject to terms and conditions established exclusively by ourselves, in which case Hosts will be advised of such possible discounts and/or special promotions in advance via their User Accounts, Travel Agency Accounts and/or by e-mail.

5.7 BE MATE will request typical information such as name, invoicing address and credit card information. The Users authorize BE MATE to send invoices issued by the latter in electronic or digital format. To do this, these invoices will be provided by BE MATE to the Users in the User Account.

5.8 In the event of any payments processing error, BE MATE may take appropriate measures to remedy the matter, provided it is brought to its attention and remedy is possible. BE MATE could credit or debit payments by the same method of payment used for the transaction that gave rise to the initial error.

5.9 BE MATE may, at its sole discretion, round up or down the amounts payable to / by Users to the closest functional number in which the relevant currency is expressed. For example, BE MATE may round the amount of € 99.49 down to € 99 and € 99.50 up to € 100.

CANCELLATION AND CLAIMS POLICY

6.1 Cancellation conditions will be established by the Host and will be a binding part of the contract between the latter and the Guest.

6.2 A Booking will not be totally cancelled until the cancellation button on the booking page is clicked.

6.3 The Host may choose one of the following cancellation policies:

BE MATE cancellation:

If the Guest or the Travel Agency on his/her behalf cancels at least 24 hours before noon on the starting date of the Booking, 100% of the Total Price will be refunded after deduction of the applicable Service Charges and taxes.

If the Guest or the Travel Agency on his/her behalf cancels less than 24 hours before noon on the starting date of the Booking, the first night will not be refunded, but 100% of the remaining nights will be refunded.

If the Guest or the Travel Agency on his/her behalf decides to leave the accommodation prematurely, he/she will be refunded 100% of the remaining nights 24 hours after cancelation. The cleaning expenses will be refunded if the Guest never entered the Holiday Home.

NORMAL cancellation:

If the Guest or the Travel Agency on his/her behalf cancels at least 5 days before noon on the starting date of the Booking, 100% of the Total Price will be refunded after deduction of the applicable Service Charges and taxes.

If the Guest or the Travel Agency on his/her behalf cancels less than 5 days before 12 noon on the starting date of the Booking, the first night will not be refunded but 50% of the remaining nights will be refunded.

If the Guest or the Travel Agency on his/her behalf decides to leave the Holiday Home prematurely, he/she will be refunded 50% of the remaining nights 24 hours after cancelation.

The cleaning expenses will be refunded if the Guest never entered the Holiday Home.

STRICT cancellation:

If the Guest or the Travel Agency on his/her behalf cancels at least 7 days before noon on the starting date of the Booking, 50% of the Total Price will be refunded after deduction of the applicable Service Charges and taxes.

If the Guest or the Travel Agency on his/her behalf cancels less than 7 days before noon on the starting date of the Booking, no refund at all will be paid.

If the Guest or the Travel Agency on his/her behalf decides to leave the accommodation prematurely, no refund will be paid for the remaining nights. For bookings exceeding 28 nights, the Guest will pay the amount corresponding to 30 days as from the date of cancelation or until the date of termination if the remaining time is less than 30 days.

Cleaning costs will be refunded if the Guest never entered the Holiday Home.

SUPER STRICT cancellation:

If the Guest or the Travel Agency on his/her behalf cancels at least 30 days before noon on the starting date of the Booking, 50% of the Total Price will be refunded after deducting the amounts of the Charge and applicable taxes.

If the Guest or the Travel Agency on his/her behalf cancels less than 30 days before noon on the starting date of the Booking, no refund at all will be paid.

If the Guest decides to leave the accommodation prematurely, no refund will be paid for unused nights.

Cleaning costs will be refunded if the Guest never entered the Holiday Home.

6.4 Cancellation by Guests:

  • 6.4.1 If the Guest books a Service, a distinction must be made between those cases in which the Booking has been confirmed or not by the Host:
  1. a) Before confirmation by the Host: BE MATE will cancel the credit card authorization hold and/or return the nominal amounts charged to credit cards in respect of a Booking request within a commercially reasonable period or, in the event that the applicable law exists on this point, within the period established therein.
  2. b) After confirmation by the Host: The Host’s cancellation policy will apply both before and after arrival at the Holiday Home. Said cancellation policy will be subject to one of the alternatives established in section 6.3 above.

6.4.2 If the Guest has used the Instant Booking facility, the Host’s cancellation policy will apply– clause 6.3 of the present General Conditions- as it is understood that the Service has been confirmed once the Guest contracted it via the Platform.

6.4.3 The terms and conditions applicable to the return of Holiday Home and other charges will depend on the cancellation policy applicable.

6.4.4 “Management Expenses” will not be refunded.

6.5 Cancellation by the Host:

6.5.1. Booking cancellations: if a Host cancels a confirmed Booking, BE MATE will refund the Total Price to the Guest, and offer information on alternative Holiday Homes with similar prices and conditions, within reason, so that the Guest can make a purchase from a different Host. In the event that there is no availability in the same city, Holiday Home Services may be provided, subject to availability, at establishments belonging to the Ambassador Hotel listed in the Booking documents, applying a discount to the standard rates of this Ambassador Hotel.

If this should occur, BE MATE may apply penalties or corrective measures for the Host, to avoid recurring cancellations of confirmed Bookings, unless these cancellations are due to proven grounds of force majeure. These measures may include, but are not limited to, the following: publishing a warning that a Booking was cancelled; showing the property as unavailable or blocked on the calendar during the dates of the cancelled Booking; deleting the profile of the Holiday Home, and even deleting the User Account. In this event, the Host will be required to pay BE MATE the Host Charge. 

6.5.2 Cancellation of an Instant Booking: The Host cannot cancel any Instant Bookings unless he contacts the support department of BE MATE at info@bemate.com and shows that the cancellation was due to force majeure, fortuitous event or any other matter regulated under the applicable law.

In this case, BE MATE will apply the following penalties or remedies:

  1. a) If the Host cancels an Instant Booking without justification, BE MATE will deduct an amount equal to FIFTY EUROS (EUR.- 50) for the next Service provided by the Host.
  2. b) If the Host cancels an Instant Booking a second time without providing any justification, BE MATE reserves the right to delete the offer from the Platform without having to give any notice to the Host and without the latter having any right of claim against BE MATE in this regard.

6.6 If a Guest makes any written complaint to BE MATE within 24 hours of the check-in time agreed for the Holiday Home in connection with defects in the latter, BE MATE will pass the information on to the Host to allow him/her to make any pertinent remarks or to resolve the matter as soon as possible. If the problem is not resolved, the Booking will be treated as a Host Cancellation until it is resolved.

6.7 If the Host opts to apply a reduction to the Service Charge, he/she will notify this to BE MATE  in writing so that the difference between the original Holiday Home Price and the Price subsequently established can be paid to the Guest.

6.8 Any reductions in the original Price will not affect the BE MATE Charge initially established as payable to BE MATE.

6.9 If the Guest and the Host fail to reach an agreement, they may seek to enforce their rights as they see fit, but BE MATE will not be party to any dispute.

6.10 Any claims made against BE MATE in relation to the use of the Holiday Homes Booking Platform must be made within one (1) year of the moment at which the cause of the claim arose, provided that no other mandatory claims period is established by law.

HOSTS’ SERVICES AND OBLIGATIONS

Hosts hereby undertake as follows:

7.1 To deliver the Service, providing accurate, truthful and up-to-date information accompanied by images which faithfully reflect reality so as to ensure that Guests have the opportunity to make the right decision in view of their needs and expectations.

7.2 To comply with prevailing legislation in matters of copyright, trademark rights and personal rights, both as regards the materials used (photographs, graphics and videos) and text, assuming full responsibility for any unlawful acts. All such rights will be assigned to BE MATE worldwide free of charge on an exclusive basis for the pertinent time and space during the time of publication to allow the performance of the services and advertising thereof online or in mobile applications, banners, written media of all kinds and in radio and television advertising, as well as the rights to edit or transform materials, and the right to transfer the aforementioned rights to third parties, where so required for the ends concerned.

7.3 To indicate and break down the total Price of the offer, including taxes and any other items forming part of the total amount. Hosts will not subsequently demand payment of any services not duly specified.

7.4 To provide Guests with the cancellation conditions before the Booking is confirmed, such conditions forming part of the contract entered into by the Host and the Guest.

7.5 To inform Guests of any facilities or elements forming part of the Holiday Home service which are not available for their use and enjoyment, and to provide Guests with the pertinent “Rules of conduct”, which will be scrupulously respected and established on a case-by-case basis. Said Rules of conduct, together with the Host’s Terms and Conditions and these General Terms and Conditions, will govern the agreements entered into by Hosts and Guests.

7.6 To accept or reject Booking requests from Guests within a period of 24 hours. In the event of failure to abide by this deadline, Bookings will be cancelled automatically.

7.7 To comply with the regulations applicable to Holiday Home rentals agreed between private parties and, in general, with all such legislation that may refer to or affect the business conducted via the Platform.

7.8 By executing these Conditions, the Host represents and warrants that he/she and the property comply with all state, regional and local regulations (present and future) applicable to the rent of tourist properties and/or tourist accommodation and, in general, with everything that relates to or deals with the activities carried on through the Platform. In particular, the Host declares that: (i) he/she has all legally required permits and authorisations, including those of the owners' association, to carry on his/her activities; (ii) he/she complies with all applicable administrative and registration requirements in his/her city for operating holiday homes and/or tourist accommodation; (iii) his/her housing is properly equipped and complies with habitability requirements pursuant to the applicable legislation; (iv) he/she has taken out the legally required insurance policies.

In particular, the Host acknowledges and declares that he/she has complied with the regulations applicable to housing and/or tourist accommodation in his/her city and/or autonomous region.

7.9 To comply with applicable tax regulations, providing BE MATE with the documentation considered necessary so that it can in turn to comply with its own tax obligations and issuing invoices to Guests upon request in accordance with the pertinent legislation.

7.10 To ensure  that the identity and personal details of the other contracting party are correct. BE MATE will not be liable for the authenticity of the Users’ identities and details.

7.11 To cooperate and collaborate with BE MATE where so required, providing the pertinent information in relation to any claims or complaints made by any User in relation to the Holiday Homes or in relation to any investigation of possibly fraudulent use or misuse of the Platform, the application or the services.

7.12 To comply with all applicable Spanish or international laws and regulations, and local ordinances, as well as any tax obligations that may apply to him/her or that are applicable to use of the Platform.

7.13 To keep in force the mandatory insurance policies required by law for the provision of holiday rental services, in order to protect the Guests and their possessions.

7.14 The Host, by accepting these terms and conditions, accepts that the Holiday Home will be published by BE MATE through third-party marketing channels and, in any event, the legal relationship will be established directly between the Host and Guest.

GUESTS’ UNDERTAKINGS AND OBLIGATIONS

Guests hereby undertake as follows:

8.1 To comply with and abide by these General Terms and Conditions, the Host’s Terms and Conditions and the cancellation policy established by the Host.

8.2 To provide true, up-to-date contact and payment details. Guests will be solely responsible for the possible consequences of misrepresentation.

8.3 To accept and respect the Rules of conduct established in each case by the Host as part of the contract entered into between them. The Guest will be solely responsible for due compliance therewith.

8.4 To leave the Holiday Home in perfect condition, as upon arrival, assuming liability for any acts or omissions by him/herself, travel companions or third parties invited to the property.

8.5 Make due payment for the Services requested.

8.6 To ensure that the identity and personal details of the other contracting party are correct. BE MATE will not be liable for the authenticity of Users’ identities and details.

8.7 To comply with all applicable Spanish and international laws and regulations, and local ordinances, as well as any tax obligations that may apply to it.

  1. CONDITIONS FOR SERVICE PROVISION

9.1 Conditions

The person responsible for selling Third Party Services is always the Service Provider.

The legal relationship corresponding to providing Third Party Services will be established exclusively between the User and Service Provider. BE MATE has no control over the provision of Third Party Services or over Products offered by Service Providers and, consequently, it assumes no liability that may correspond to Service Providers.

In the case of eat-in and transfer services, the Service Provider will be liable for the transport of passengers and delivery of products to the User.

By using the Platform, the User accepts and acknowledges, without limitations, that BE MATE will assume no liabilities and offers no guarantees that Third Party Services will have the specifications, quality or quantity the User expects. In the event of any incident, the User should immediately notify this to the Service Provider.

9.2 Complaints for defective Services

Users must submit any complaints to the Service Provider responsible for the Third Party Service. Therefore, if Users are dissatisfied with the quality of the services of a Service Provider and require a refund, proportional price reduction or any other type of compensation, they should directly contact the Service Provider, and follow the complaint procedures established by the latter. In its offers, the Service Provider will give a postal address and/or telephone number and/or email which Users can use to contact them in the event of an incident.

If Users are unable to contact the Service Provider or the latter refuses to address their complaint, they may contact BE MATE Customer Services within 48 hours following provision of the Service. BE MATE will act as an intermediary to manage and process any complaints Users may submit against Service Providers with respect to the services rendered. In any event, BE MATE will accept no liability for resolving the complaint. In order to be able to process the complaint, it is essential that Users keep the receipt, invoice or proof of the service having taken place.

  1. UNDERTAKINGS OF TRAVEL AGENCIES

10.1 Booking Procedure

In the event that a Travel Agency is the one to request the Booking, the latter must fill in an accommodation request form, which can be downloaded by clicking here, or make a direct Booking with the User. To create this request, various questions will be asked about the Holiday Home, including, among others, questions about the location, capacity, size, specifications and availability of the Holiday Home, in addition to prices, relevant regulations and financial terms.

Once the request has been received, we will respond within 24 hours on working days, indicating several properties that offer the desired specifications. After receiving this list of properties, the Travel Agency can make a Booking through their Travel Agency Account or request that the Booking be made directly by the Referred User, pursuant to the provisions set out in the following point, with the Holiday Homes always being subject to availability and acceptance by the Host when the Booking is made.

10.2 Undertakings of Travel Agencies

    • In order to make the Booking in the name and on behalf of the Guest, the Travel Agency declares that: (i) it has all consents, authorisations and sufficient power of attorney to book accommodation through the Platform on behalf of any end user, and it holds BE MATE harmless with regard to any costs and/or complaints that may be derived from breach of these requirements; (ii) it complies with all administrative and registration requirements in force in its city to carry on its activities; and (iii) it has taken out all relevant, legally required insurance policies.
    • Together with the Holiday Home request, the Travel Agency will send BE MATE all of the Guest’s identification details in order to comply with legislation concerning accommodation.
    • The Travel Agency accepts that BE MATE does not guarantee the availability of the Holiday Home in the time between the request being sent by the Travel Agency and the corresponding Booking being made.
    • Travel Agencies undertake to comply with tax regulations, by submitting to BE MATE any documentation they require to enable BE MATE to comply with its legal tax obligations, and issuing an invoice to the Guest, pursuant to the corresponding legislation, if the latter requests one.
    • Travel Agencies will ensure that the identity data and other details provided by the contracting party are correct. BE MATE will not be held liable for the veracity of Users’ identity data and other details.
    • Travel Agencies will cooperate and collaborate with BE MATE when required, submitting the necessary information, with regards to complaints submitted by any Users about Holiday Homes, or investigations into possible fraudulent uses or abuses of the Platform, application or services.
    • During the process of submitting the Booking Request or Instant Booking, Travel Agencies will fill in the corresponding request with all required information about the Guest that they represent.

10.3 Paying for the Booking

The Services offered on the Platform will be booked following the same procedure as the one set out in Article 4, using either of the following two options:

    1. The Travel Agency makes the Booking on behalf of the Guest, through the Agency Account, including all personal data and relevant information to enable clear identification of: (i) the person who will stay at the property or who will enjoy the Services engaged; (ii) the Registration Number of the Agency using the Platform to make Bookings.

Once the Booking has been confirmed by the Host or Service Provider pursuant to the provisions of Article 4 of the Conditions, BE MATE will charge the Travel Agency the Total Price of the Booking and the Travel Agency will make payment in the name and on behalf of the Guest.

Every month, BE MATE will settle the Travel Agency’s Commission for all Bookings made in the directly preceding month from the Agency Account, using the Agency Registration Number.

  • In addition to the manner established in the preceding point, a Booking can be requested directly through the Platform by the Referred User. In this case, the Referred User will be the one who pays the Total Price of the Booking, following the procedure set out in Article 4 of these Conditions, using the Registration Number provided by the referring Travel Agency.

Every month, BE MATE will settle the Travel Agency’s Commission for all Bookings made in the directly preceding month by Referred Users using the Agency Registration Number.

  1. RATING SYSTEM

11.1 Users may score their satisfaction with the service via an online rating system on the Platform.

11.2 The information provided will be truthful, objective and free of offensive criticism, and will respect the pertinent legislation. BE MATE reserves the right to remove ratings which do not satisfy these requirements and to remove the User Account of the person making such ratings.

11.3 BE MATE will not be responsible for the ratings posted, and the person making the rating will be solely liable for the same and for any remarks posted, except if the applicable law establishes otherwise.

UNAUTHORIZED ACTIVITY AND CONTENT

12.1 Hosts and Guests will responsible for ensuring that any Content they post on the Platform meets and complies with the requirements of prevailing legislation, as well as these General Terms and Conditions.

12.2 The following list of activities and content, published by BE MATE by way of illustration only and without limitation, fail to meet the aforementioned requirement. Accordingly, publication of the content mentioned in this list will not be permitted, and any Users attempting to do so will be solely and exclusively responsible.

  • Offensive remarks, misrepresentation of the facts, insults, defamatory remarks and declarations or images subject to criminal law (racist content, child and/or violent pornography, invitations to commit offences, etc.), or any other content which could be considered unlawful, threatening, unwarranted, harassment, defamatory, offensive, insulting, misrepresentative, fraudulent, an invasion of privacy, aggravating, deleterious to other persons in any way, or such as may not comply with our standards and policies.
  • Any sexual content or representations, or content which may be unsuitable for minors, and reproduction, dissemination or publication of materials protected by intellectual property rights, whenever the user does not hold the rights to use such content.
  • Publication of photographs allowing recognition of persons without their permission.
  • Use of the Platform for commercial purposes which go beyond the actual purpose of the Platform without BE MATE’s prior written consent.
  • Publication of personal data belonging to third parties.
  • Use of the Platform for political or religious activities.
  • Mailing of “junk mail”, “chain letters”, or unsolicited mass e-mails or instant messages (spam and spim).
  • Alteration, interruption or unwarranted overload of BE MATE services.
  • Utilization of the account, user name or password of any other member.
  • Use of mechanisms, software or other scripts in combination with the Platform which might adversely affect the proper and regulatory functioning either of the Platform or of the related website, or any modification of BE MATE content without our prior consent.
  • Utilization of computer programs, devices, bots or other automatic or manual measures or procedures to extract, compile, store or analyse the content of the Platform owned by BE MATE, its Services or the User information hosted.

BLOCKED ACCOUNTS AND REMOVAL OF CONTENT

13.1 BE MATE will not be liable for the content published by Users.

13.2 BE MATE reserves the right to remove any content entirely at its own discretion where it understands that it is not in compliance with these General Terms and Conditions or with any other rules of conduct applicable to Users of the Platform, or which may be damaging, objectionable or inexact. BE MATE will not be liable for any failure to remove such content or delay in removing the same.

13.3 Users will not use their accounts to breach the security of any other user’s Account, or to seek to gain unauthorized access to any other network or server. Any person acting in such a manner may be held liable under criminal or civil law.

13.4 Users accept that BE MATE may at any time and entirely at its own discretion block or cancel their accounts with immediate effect and without prior warning in the event of any breach of the foregoing conditions and refuse re-registration. In such case, Users will be solely liable for any damages occasioned by non-compliance with these Terms and Conditions.

AMENDMENT OF CONDITIONS OF USE

14.1 BE MATE reserves the right to amend the General Terms and Conditions from time to time in the future, provided such amendments do not affect contracts already made, in the following circumstances:

  • Where market conditions or the calculation of the costs incurred by BE MATE change after the end of contracts, the amount of the Be Mate Charge may be modified, but without retroactive effect.
  • Where BE MATE seeks to improve, extend or modify the Service proposal to the benefit of Users.

14.2 Any amendments made will be indicated via the “Date of last update” shown at the end of the General Terms and Conditions, and they will be published on the Platform or other media to ensure that Users are properly informed. Amendments will take effect on the date of publication. Users may accept amendments and continue their relations with BE MATE or deregister from the Platform.

14.3 As a User, you recognize and accept that it is your responsibility to examine the Platform and the Terms and Conditions in order to familiarize yourself with any amendments made. Continued use of the Platform and acceptance of the amendments will constitute an agreement and you will be bound by the amended terms and conditions.

REFUND POLICY FOR GUESTS

15.1 It is understood that there is a right to a refund of the amounts paid by the Guest, while such amounts remain in BE MATE’s power, provided that the Guest has not participated direct or indirectly in any of the following circumstances and has taken every effort to solve the problem with the Host directly:

  • The Host cancels a Booking a short time before the intended start of the Booking.
  • The Host does not provide the necessary facilities to access the reserved Holiday Home (i.e., keys, security codes, electronic access methods, etc.).
  • The description contained in the Profile of the Holiday Home is clearly inaccurate as to their essential characteristics such as location, number of bedrooms, bathrooms, beds, kitchen or existence of kitchen or furniture, etc.
  • Any other issued which implies the impossibility of enjoying the Holiday Home as per the contracted Booking.

15.2 If any of the above circumstances take place, BE MATE will refund the full price of the Booking (except the Guest Charge) to the Guest and help to provide alternative accommodation encouraging the Guest to hire another Holiday Home from a different Host which complies with his/her requirements. If there is nothing suitable available in the same city, the Services may be provided in the facilities of the Ambassador Hotel.

15.3 In the event that any of the above circumstances described in Clause 15.1 exist, the Guest will contact BE MATE by telephone within the first 24 hours from the start of the Booking, providing the required information (including photos) of the Holiday Home and the circumstances and remaining contactable by BE MATE to provide additional information available, thereby maintaining the excellence of our Platform and Users’ trust in it.

15.4 The Host agrees to be available or ensure that a third party is available within 24-hours after the start of the Booking in order to assist the Guest with any incident that could arise.

15.5 If any of the circumstances described in Clause 15.1 occur, and the guest decides to stay for some or all of the stay in the Holiday Home, the Guest will receive a refund to be deducted from the payment to be made to the Host.

15.6 In the event that the Host does not agree with the circumstances alleged by the Guest, the Host should contact BE MATE by telephone and provide all of the available information required in order to mediate and find a solution. If an agreement is not possible, The Guest and the Host accept that BE MATE decide what to do with the amounts in its possession, accepting the arguments of one of the parties. In the event of any discrepancy, the Users agree to hold BE MATE harmless from any liability.

EXEMPTION AND LIMITATION OF LIABILITY

16.1 Data transfers over open networks like the Internet cannot be completely guaranteed and may not always be available or error-free for a variety of reasons beyond the control of BE MATE, including maintenance work or interferences in third-party communications networks. Accordingly, BE MATE cannot guarantee and, therefore, will not be liable for the availability of the Platform at all times, the absence of technical faults, the existence of viruses, inaccuracies, typographical errors, data loss, connections to the website or to any other website referred to or linked with the Platform.

16.2 Users will use the BE MATE Platform at their own exclusive risk, and BE MATE will not be under any obligation to verify information provided by Users or to investigate their background or histories. Accordingly, Users will take all necessary security measures to avoid problems in their IT equipment and data loss.

16.3 BE MATE will be exonerated from any claims made by Users or third parties for the infringement of their rights in the offers and content published by Users or third parties using the Platform or website, including the ratings published.

16.4 BE MATE will bear unlimited liability in the event of damages caused by bad faith or negligence on the part of its employees or executives, in the event of deliberate concealment of defects, where any express guarantee may have been given or for damages attributable to physical risks, risks to health or death, where such can be duly shown.

16.5 BE MATE will only be liable for damages arising as a result of failure to perform an obligation preventing proper performance of the contract. This because it cannot give any guarantees or assume any liability for the provision of Holiday Home services given that it is not party to the contractual relations between Hosts and Guests.

16.6 BE MATE’s obligation to pay damages will be limited to damages considered foreseeable and typical of the contract, provided BE MATE is the direct cause.

COMPENSATION

17.1 Hosts, Guests and/or Service Providers agree to defend, compensate and exempt BE MATE from any liability or the costs arising, including legal fees, in relation to any claims arising due to their use, or misuse, of the Platform, from all related costs.

17.2 BE MATE reserves the right to assume the exclusive defence and control of any matter subject to compensation by the same, or which could adversely affect its legitimate interests and expectations, and Users undertake to cooperate with any available defence.

APPLICABLE LAW AND JURISDICTION.

18.1 BE MATE expressly declines to submit voluntarily to the Consumer Arbitration Boards or any other arbitration procedures which it has not expressly accepted.

18.2 These General Terms and Conditions and use of the Platform will be governed by Spanish legislation except where otherwise established in the applicable legislation.

18.3 Users accept that any claims they may make in relation to the functioning of the Platform will be resolved by the Courts and Tribunals of the City of Madrid, providing the applicable legislation so permits.

PROPERTY

19.1 All content displayed in the Platform and in particular, designs, text, images, logos, icons, buttons, software, source code, trade names, trademarks, or any other signs susceptible to be used for industrial and / or commercial purposes are subject to intellectual property rights; and all intellectual and industrial property rights related to the content and / or any other elements located in the web page, are the exclusive property of BE MATE or, where applicable, of the people or companies who are authors or holders of those rights, who have the exclusive right to use them in transactions. The owns holds the graphic design of the Platform, menus, navigation buttons, HTML code, text, images, textures, graphics and other content of the Platform or, in any case, if not the holder, has the authorization for the use of such elements.

19.2 The breach of these rights will be sanctioned in accordance with the applicable law. Therefore reproduction, use, modification, distribution or public communication of any title or contents of the BE MATE Platform for uses other than those described in these Terms and Conditions are prohibited.

19.3 It is also forbidden to remove, ignore and / or manipulate the 'copyright' as well as technical protection devices or any other information mechanisms that might contain the contents of the Platform. Users agree to respect the rights and avoid any action that could damage the Platform, reserving the holder in all cases the right to start whatever legal actions or procedures are required in defence of its intellectual and industrial property rights. Downloading the contents of any page on the Platform and copying and printing them is only allowed for personal and private use. It is prohibited to copy, transfer, edit or delete the information, contents or warnings contained on the Platform without the prior written consent of BE MATE.

APPLICABLE LAW AND JURISDICTION.

20.1 If any clause of these General Terms and Conditions is declared null and void or unenforceable by any competent Court or Authority, the validity, legality and applicability of the remaining clauses and any valid part of a clause declared void and unenforceable will remain in full force and effect, where so permitted by the provisions of the applicable legislation. The unenforceable Clause will be replaced or will be interpreted in accordance with prevailing legislation.

20.2 Under no circumstances will the impossibility of demanding performance or performing any provision of these Terms and Conditions or the related rights constitute a waiver.

20.3 The original version of the General Terms and Conditions is in Spanish and has been translated into different languages. In the event of dispute over the content or interpretation of these General Terms and Conditions and in the event of conflict, inconsistency or discrepancy between the Spanish version and other language versions, the Spanish version will always prevail where the applicable law allows. The Spanish version is available for all Users who should apply by email to info@bemate.com in order to access the Spanish version of the Platform.

20.4 These General Terms and Conditions constitute the complete and exclusive understanding and agreement between BE MATE and Users with respect to the Platform and the Services provided through it. These General Terms and Conditions invalidate and replace any prior agreements, written or oral, between BE MATE and Users with respect to the Platform.

20.5 All communications that are necessary or requested with respect to these Conditions will be in writing and BE MATE will send them via email to the address designated in your User Account or the one posted in the details in the Platform. The receipt of the communications via email will be considered as received on the date of effective transmission of the communication.

20.6 Any notices served on BE MATE will be in writing and sent either by conventional mail to the address indicated above or by e-mail to info@bemate.com.

20.7 We care about the privacy of our Users, and we use cookies to improve browsing and to allow our systems to recognise your device and be able to provide our services to you. For more information about the collection and use of your personal data, and about cookies and how we use them, please see the BE MATE Privacy and Cookies Policy (available at the following link (*).

SCHEDULE 1- LEGISLATION APPLICABLE TO EACH CITY AS REGARDS RESIDENTIAL PROPERTIES AND TOURIST ACCOMMODATION

  • Madrid Autonomous Region

The Host declares that both he/she and his/her the tourist property and/or tourist accommodation comply with the provisions of Decree 79/2014, of 10 July, governing tourist apartments and tourist properties in the Madrid Autonomous Region and in particular he/she declares that:

  1. He/she has filed the corresponding Signed Declaration with the Department of Employment, Tourism and Culture of the Madrid Directorate General for Tourism.
  2. The tourist property and/or tourist accommodation has a certificate of fitness to be occupied, or, where applicable, the corresponding occupancy licence.
  3. The tourist property and/or tourist accommodation has been duly registered with the competent body of the Directorate General for Tourism.
  4. The tourist property complies with all of the operational parameters and requirements laid down in the applicable law to allow the property to be used for tourism purposes.
  5. All of the prices and the legally required distinctive sign have been duly placed inside and/or at the entrance to the property and/or tourist accommodation according to the parameters laid down for these purposes in the applicable law.
  6. The tourist property and/or tourist accommodation has all of the services and supplies that are legally required.
  • Catalonia

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the provisions of Decree 159/2012, of 20 November, on tourist accommodation establishments and tourist-use properties, and in particular declares that:

  1. He/she has filed the corresponding Signed Declaration with the Council for the municipality in question.
  2. The property and/or the tourist accommodation has a certificate of fitness to be occupied, or, where applicable, the corresponding occupancy licence.
  3. The property and/or the tourist accommodation has been duly registered in the Catalonia Tourism Registry.
  4. He/she has a copy of the information sent to the General Directorate for the Police concerning the stay of persons in the tourist property and/or tourist accommodation, in accordance with the legislation on public safety applicable to all those who provide accommodation to third parties.
  5. The Tourist Property complies with all of the operational parameters and requirements laid down in the applicable law to allow it to be used for tourism purposes.
  6. The tourist property and/or tourist accommodation has all of the services and supplies that are legally required. In addition, complaint sheets and the registration number of the tourist property and/or tourist accommodation are available in a visible manner within the same.
  • Andalusia

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the provisions of Decree 8/2016, of 2 February, on tourist accommodation establishments and tourist-use properties, and in particular declares that:

  1. He/she has filed the corresponding Signed Declaration with the Council for the corresponding municipality.
  2. The property and/or the tourist accommodation has the corresponding occupancy licence.
  3. The tourist property and/or tourist accommodation has been duly registered in the Andalusia Tourism Registry and the registration code is duly included in any advertising or promotion made in relation to said property on the Platform.
  4. The Tourist Property complies with all of the operational parameters and requirements laid down in the applicable law to allow it to be used for tourism purposes and complaints sheets are available in a visible manner within the same.
  5. The property and/or the tourist accommodation has all of the services and supplies that are legally required.
  6. He/she undertakes to sign a contract with each of the hosts who legally requires this of him.
  • Venice

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city. particularly the provisions of the L.R. of the Venice Region no. 45/2014, L.R. of the Venice Region no. 14/2013, Law no. 431/1998 and DGR of the Venice Region no. 419/2015. Specifically, the Host declares as follows:

  1.  That he/she has requested and obtained the classification of his/her property as tourist accommodation (“Domanda di Classificazione”) and has obtained the signed declaration “SCIA” (“Segnalazione Certificata di Inizio Attività”) or, where applicable, according to the type of tourist accommodation, has made the communication through which he/she declares his/her tourist establishments (“Comunicazione per locazioni turistiche”) to the competent Council.
  2. The tourist property and/or tourist accommodation in question is properly furnished and complies with the minimum operational requirements pursuant to the applicable law.
  3. The tourist property and/or tourist accommodation has at its entrance and/or inside it the corresponding distinctive sign and has duly exhibited the information that must be displayed by law for it to be operational, including, but not limited to, the “SCIA” signed declaration.
  4. The property and/or the tourist accommodation has all of the legally required services and supplies.
  • Rome

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly the provisions of the L.R. rules of the Lazio Region no. 13/2007, L.R. Lazio Region no. 8/2013, Law no. 431/1998 and Regulation no. 16/2008. Specifically, the Host declares that:

  1. He/she has filed with the competent Council the corresponding signed declaration “SCIA” (“SCIA non imprenditoriale” or “SCIA imprenditoriale”, as the case may be) and “Modello autocertificativo extralberghiero”.
  2. The tourist property and/or tourist accommodation in question is properly furnished and complies with the minimum operational requirements pursuant to the applicable law, including those concerning hygiene-health and the size of the rooms.
  3. The tourist property and/or tourist accommodation has all of the necessary distinctive signs and has duly exhibited the information that must be displayed by law for it to be operational including, but not limited to, the “SCIA” signed declaration.
  4. The tourist property and/or the tourist accommodation has all of the services and supplies that are legally required.
  • Milan

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly the provisions of the L.R. rules of the Lombardy Region no. 15/2007, Law no. 431/1998 and the Regulation of the Lombardy Region no. 5/2009. Specifically, the Host declares as follows:

  1. That he/she has filed with the competent Council the “SCIA” signed declaration or, where applicable, he/she has notified the competent public safety authorities all of the information required to carry out the holiday let.
  2. The tourist property and/or tourist accommodation in question is properly furnished and complies with the minimum operational requirements pursuant to the applicable law, including those concerning hygiene-health and the size of the rooms.
  3. The tourist property and/or tourist accommodation has all of the necessary distinctive signs and has duly exhibited the information that must be displayed by law for it to be operational, including, but not limited, to the “SCIA” signed declaration.
  4. The property and/or the tourist accommodation has all of the services and supplies that are legally required.
  • Florence

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly the L.R. of Tuscany no. 42/2000 (sections 56, 57 and 64), Law no. 431/1998 and Regulation of the Tuscany Region no. 18-R/2001. Specifically, the Host declares as follows:

  1. He/she has filed with the competent Council the signed declaration “SCIA” or, where applicable, he/she has notified the competent public safety authorities all of the information required to carry out the holiday rent.
  2. The tourist property and/or tourist accommodation in question is properly furnished and complies with the minimum operational requirements pursuant to the applicable law, including those concerning hygiene-health and the size of the rooms.
  3. The tourist property and/or tourist accommodation has all of the necessary distinctive signs and has duly exhibited the information that must be displayed by law for it to be operational, including, but not limited to, the “SCIA” Signed Declaration.
  4. The property and/or the tourist accommodation has all of the services and supplies that are legally required.
  • Paris

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly the provisions of  the Law of 24 March 2014 (“loi ALUR”) (which amends  article L. 631-7 6) of the French Building and Habitation Code (code de la construction et de l’habitation) and article L. 631-7A of the French Building and Habitation Code (code de la construction et de l’habitation). In particular, the Host declares that:

  1. He/she has the necessary authorisation allowing the change of use from “residence” to “tourist accommodation”.
  2. The tourist property and/or tourist accommodation in question is properly furnished and complies with the minimum operational requirements pursuant to the applicable law.
  • Amsterdam

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly the provisions of the following legislation: “Housing Act”, “Accommodation Act”, Dutch Act “Wabo” and “WRO”. In addition, the Host declares that:

  1. He/she has all of the permits and licences legally required by the “Accommodation Act”).
  2. He/she has the minimum urban planning permits required in his/her municipality to operate the tourist property and/or tourist accommodation.
  3. He/she has the permission of the owners’ association of his/her building to operate the property as a tourist property and/or tourist accommodation.
  4. He/she has complied with all of the minimum habitability and operational requirements laid down in the applicable law.
  • Vienna

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly with the following requirements:

  1. Obtaining the legally required commercial licence in the event that the tourist property and/or tourist accommodation has a capacity of more than ten beds.
  2. His/her tourist property and/or tourist accommodation is duly registered in the corresponding Commercial Registry.
  3. All taxes, direct and/or indirect, applicable to the Guests have been duly paid and declared to the corresponding tax authority by the Host.
  • Brussels

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly the Tourist Accommodation Act (“toeristische logies/ hébergement touristique”). In particular, the Host declares that:  

  1. He/she has all of the commercial licences required to carry on his/her activity.
  2. His/her tourist property and/or tourist accommodation is duly registered in the corresponding Commercial Registry.
  3. The  tourist property and/or tourist accommodation complies with all of the minimum operational requirements laid down by law, depending on their classification (i.e. “Touristic Stay”, “Accommodation at Habitant”).
  4. He/she has the necessary fire protection compliance certificate with respect to the tourist property and/or tourist accommodation.
  5. He/she has a certificate of compliance with all of the planning regulations applicable to the tourist property and/or tourist accommodation.
  • Budapest

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly Decree 239/2009 (X.20.) of the Government and Decree 173/2003 (X 28) of the Government. In particular, the Host declares that:

  1. He/she has the necessary licence to operate the tourist property and/or tourist accommodation for tourism purposes.
  2. His/her tourist property and/or tourist accommodation has been duly registered with the competent Notary Public.
  3. He/she has complied with all of habitability and operational requirements laid down in the applicable law.
  4. He/she provides to the Guests all of the minimum services required by law.
  • Copenhagen

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly the “Danish Summer Houses Act” and that he/she complies with all of the minimum operational and habitability requirements to use the tourist property and/or tourist accommodation for holiday lets.

  • Munich and Berlin

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city. In particular, the Host declares that:  

  1. He/she has a permit issued by the corresponding public body allowing the tourist property and/or tourist accommodation to be used for holiday lets.
  2. He/she has all of the building permits, where applicable, that are required to make it possible for the tourist property and/or tourist accommodation to be used for holiday lets.
  3. The property or accommodation in question is duly registered in the corresponding commercial registry where so required by the nature of its legal structure (i.e. companies).
  • Istanbul

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city. In particular, he/she declares that he has complied with all of the minimum operational and habitability requirements required of him by statute or regulation.

  • London

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly Article 44 of the Deregulation Act 2015. Specifically, he/she declares that he/she possesses all of the urban planning licences and permits required for the change of use of the property, in the event that the tourist property and/or tourist accommodation is rented for periods of more than 90 days per year.

  • Lisbon

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, in particular with Decree-Law no. 128/2014, 29.08 as amended by Decree-Law no. 63/2015, 23.04. Specifically, the Host declares that:

  1. His/her tourist property and/or tourist accommodation is duly registered in the appropriate public register and has the registration number that is required by law so thatr his/her tourist property and/or tourist accommodation can be used for holiday lets.
  2. He/she possesses the certificate issued by the corresponding Owners’ Association allowing the change of use of the property if such change of use is required.
  3. The tourist property and/or tourist accommodation complies with all of the minimum habitability and operational requirements laid down by law (i.e. furniture, minimum number of beds per tourist property and/or tourist accommodation, doors in bedrooms and bathrooms).
  4. His/her property complies with all fire protection legislation and has the minimum supplies required of it.
  5. His/her tourist property and/or tourist accommodation has the corresponding distinctive sign in compliance with the applicable legal provisions.
  • Prague

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly the provisions of Civil Code introduced by Law 89/2012, Decree no. 268/2009 concerning the minimum requirements laid down with regard to construction and health-hygiene and Decree 6/2003 concerning hygiene conditions and prejudicial indicators in properties. Specifically, the Host declares that:

  1. He/she has the legally required Commercial Licence to carry on his/her activity.
  2. His/her tourist property and/or tourist accommodation is duly registered with the corresponding tax authority.
  3. He/she has made the declarations and provided all of the information required to the immigration authorities.
  4. The tourist property and/or tourist accommodation comply with all of the minimum habitability and operational requirements laid down by law (i.e. furniture, size of the rooms, etc).
  5. His/her tourist property and/or tourist accommodation have the corresponding distinctive sign in compliance with the applicable legal provisions.
  • Stockholm

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly the provisions of the Rented Properties Act (“Sw. Bostadsrättslagen [(1991:614)]”). Specifically, the Host declares that:

  1. If he/she (A) carries out the holiday let activity as an entrepreneur and/or professional (B) he/she has more than 5 holiday properties and/or tourist accommodation and/or (C) he/she accommodates more than 5 guests in his/her tourist property and/or tourist accommodation, he/she has (i) the corresponding permission issued by the Swedish Police Authority, (ii) the permission issued by the corresponding Council with regard to the building to be used for holiday lets and (iii) he/she has filed with the Council the relevant fire protection report.
  2. The tourist property and/or tourist accommodation complies with all of the minimum habitability and operational requirements laid down by law (i.e. furniture).
  • Los Angeles

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly with Los Angeles County Municipal Code Section 4.72.020. Specifically, the Host declares that:

  1. He/she has obtained the corresponding commercial licence that enables him/her to engage in holiday letting activities in the event that his/her tourist property and/or tourist accommodation are in the Los Angeles Country area (i.e. Malibu, Santa Clarita and Westlake Village) or that he/she has the corresponding tax registration certificate for the property and he/she has declared and paid the applicable taxes.
  2. He/she has obtained all of the permits and documentation declaring that his/her tourist property and/or tourist accommodation is not restricted by any urban zoning regulation. In addition, the Host declares that he/she complies with all of the urban development plans that apply to his/her tourist property and/or tourist accommodation.
  3. The tourist property and/or tourist accommodation complies with all of the minimum habitability and operational requirements laid down by law.
  4. He/she has all of the necessary permits from his/her Owners’ Association required for the holiday let of his/her tourist property and/or tourist accommodation.
  • San Francisco

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly with the San Francisco Administrative Code Section 41A.5. Specifically, the Host declares that:

  1. He/she has the certificate that allows him/her to operate his/her tourist property and/or tourist accommodation for holiday lets and that said certificate has been registered in the corresponding public registry. In addition, the Host has declared in the corresponding public registry all of the information that the public administration requires for the holiday let of his/her tourist property and/or apartment.
  2. All of the permits required in his/her Owners’ Association which permit the holiday let of his/her tourist property and/or tourist accommodation.
  3. The tourist property and/or tourist accommodation has all of the minimum habitability and operational requirements laid down by law (i.e. minimum/maximum number of stays).
  4. He/she has all of the permits and documentation that show that his/her tourist property and/or tourist accommodation is not restricted by any planning regulation. In addition, the Host declares that he/she complies with all of the urban development plans that apply to his/her tourist property and/or tourist accommodation.
  5. His/her tourist property and/or tourist accommodation has the corresponding distinctive sign in compliance with the applicable legal provisions (said legal sign includes information concerning the fire protection system existing in the tourist property and/or tourist accommodation).
  • Chicago

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly the Municipal Code of Chicago. Specifically, the Host declares that:

  1. He/she has the corresponding commercial licence that entitles him/her to engage in holiday letting activities. If the Host is a legal person, it declares that it is a company set up in compliance with the laws of Illinois and that it is duly registered in the Illinois Registry of Companies.
  2. His/her tourist property and/or tourist accommodation is duly registered with the Department of Business Affairs and Consumer Protection.
  3. He/she has a sworn declaration issued by the president of the Owners’ Association where the holiday property and/or tourist accommodation is registered allowing the holiday letting of the property and all of the additional information laid down for these purposes in Chapter 4-6-300 of the Municipal Code of Chicago.
  4. He/she has the permits and documentation that show that his/her tourist property and/or tourist accommodation is not restricted by any planning regulation. In addition, the Host declares that he/she complies with all of the urban development plans that apply to his/her tourist property and/or tourist accommodation.
  5. The tourist property and/or tourist accommodation complies with all of the minimum habitability and operational requirements laid down by law (i.e. minimum/maximum size required, minimum and maximum number of nights per stay, provision of additional services that are legally required,  such as cleaning and bed changing services and any others that the Host is obliged by law to provide).
  • Orlando

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly that all of the minimum operational and habitability requirements  laid down by law or administrative regulation are complied with. Specifically, the Host declares that:

  1. He/she has all of the permits and documentation that show that his/her tourist property and/or tourist accommodation is not restricted by any planning regulation. In addition, the Host declares that he/she complies with all of the urban development plans that apply to his/her tourist property and/or tourist accommodation.
  2. He/she has all of the permits required from his/her Owners’ Association to enable his/her tourist property and/or tourist accommodation to be used for holiday letting.
  3. In general, he/she complies with all of the municipal regulations that apply to his/her tourist property and/or tourist accommodation and that his/her property is in area of the city that allow holiday letting activities to take place.
  • New York

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly with all of the minimum operational and habitability requirements laid down in statutes and legislation. Specifically, the Host declares that:

  1. He/she has all of the permits and documentation that show that his/her tourist property and/or tourist accommodation is not restricted by any planning regulation. In addition, the Host declares that he/she complies with all of the urban development plans that apply to his/her tourist property and/or tourist accommodation.
  2. He/she has all of the permits required from his/her Owners’ Association to enable his/her tourist property and/or tourist accommodation to be used for holiday letting.
  3. His/her tourist property and/or tourist accommodation is in an area that is commercial and not industrial and/or residential.
  4. The tourist property and/or tourist accommodation complies with all of the minimum habitability and operational requirements laid down by law (i.e. minimum/maximum size required).
  5. The let in question is for a period of more than 30 days.
  • Miami

The Host declares that both he/she and his/her tourist property and/or tourist accommodation comply with the legislation on tourist properties and/or tourist accommodation applicable in his/her city, particularly the provisions of  section 142.1111 of the Miami Beach Code of Ordinances, Ch. 217, Sunny Isles Beach Code of Ordinances- and Chapter  509 of the Florida Statutes. Specifically, the Host declares that:

  1. He/she has a commercial licence that he renews each year issued by the Hotel and Restaurant Division of the Department of Business and Professional Regulation corresponding to the type of holiday property and/or tourist accommodation. In addition, depending on the location of his/her holiday property and/or tourist accommodation, the Host declares as follows:

(i) Miami Beach: the Host has the certificate of use and business tax receipt issued by the corresponding Miami Beach authority and the receipt of payment of taxes duly issued by the corresponding Miami Dade authority.

(ii) City of Miami: the Host has the certificate of use and business tax receipt issued by the corresponding City of Miami authority and the receipt of payment of taxes duly issued by the corresponding Miami Dade authority.

(iii) Sunny Isles Beach: if the holiday property and/or tourist accommodation is in a multifamily building unit, the Host has the certificate of use and business tax receipt issued by the corresponding Sunny Isles Beach authority and the receipt of payment of taxes duly issued by the corresponding Miami Dade authority.

  1. In those cases in which the tourist property and/or tourist accommodation consists of a multifamily building unit located in Sunny Isles Beach, the Host declares that (i) he carries out more than four lets per property each year and that (i) the tourist property is duly registered in the corresponding public registry.
  2. Where the tourist property and/or tourist accommodation is located in Miami Beach, the holiday let is in an area where this activity is permitted, namely: (i) the RM-1 and TH zoning districts located in Flamingo Park and Española Way Historic Districts; and (ii) in the tourist property and/or tourist accommodation located in Collins Waterfront Local Historic District.
  3. He/she has all of the permits and documentation that show that his/her tourist property and/or tourist accommodation is not restricted by any planning regulation. In addition, the Host declares that he/she complies with all of the urban development plans that apply to his/her tourist property and/or tourist accommodation.
  4. He/she has all of the permits required from his/her Owners’ Association to enable his/her tourist property and/or tourist accommodation to be used for holiday lettings.
  5. In general, he/she complies with all of the municipal and local regulations that apply to his/her tourist property and/or tourist accommodation and his/her property is in area where it is permitted to engage in holiday letting activity.
  6. The tourist property and/or tourist accommodation has all of the minimum habitability and operational requirements laid down by law both with respect to Miami Beach and the City of Miami and Sunny Isles Beach (i.e. minimum/maximum size required, number and size of rooms, etc).
  7. If the Host is the sub-lessee of his/her holiday property and/or tourist accommodation he/she warrants that he/she possesses the change of use certificate in relation to the property in order to be able to use the property for holiday letting.

Date of most recent updating: November 4th 2016

© 2014 - 2017 Be Mate