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property management - puro dreams contract

contract between the property management company and puro dreams.

1.- WHAT IS IT?

  1. This is a contract between you, who deals with the professional management of tourist flats and us, PURO DREAMS S.L. Company registered in Spain with CIF B95974010 and registered office at Avda. Simon Bolivar, 16 – 48920, Bizkaia, owner of the portal purodreams.com.
  2. The purodreams.com website allows professional holiday home management companies to offer and the Guest to book the stay for holidays or short stays. Purodreams provides short stay accommodation booking intermediary services through the purodreams.com website or any application managed by Purodreams (hereinafter collectively referred to as the “Service”).
  3. You represent and warrant to us and we may assume that you have been appointed by the Owner as Manager and we may deal with and follow your instructions in all matters relating to the Ads and Bookings, unless an Owner notifies us otherwise in writing. This includes (but is not limited to): the approval of Advertisements; acceptance of Bookings; setting the Manager’s Applicable Cancellation Policy and House Rules, Property Fees, calendar availability and carrying out any other obligations or services of the Owner.
  4. The terms set out herein constitute the binding terms and conditions between you as Manager and us in relation to your use of the Purodreams services.
  5. Please note that your rights and obligations in respect of each Booking of your Property by a Guest are set out in the contract you enter into with the Guest. Purodreams is not a party to that contract.

2.- SELECTION

If you have chosen us or you have been contacted to advertise your Property on the Purodreams website, you may decide whether you would like to do so and, if so, the following provisions apply:

  1. By allowing us to evaluate your portfolio, you irrevocably agree that we may publish those selected properties on the Purodreams.com website (if you so choose) and;
  2. As soon as reasonably possible after we have carried out the evaluation, we will notify you which of your properties can be included in Purodreams and have therefore been accepted for last minute offers.

3.- ADVERTISEMENT

  1. You will prepare/we will prepare your Advertisement including photographs and plans. Bearing in mind that you will not include/include in your Advertisement information that is misleading, false or deceptive, you have full discretion as to the information you provide in the Advertisement, the features of your Property that you highlight and the photographs of your Property that you will use/we will use.
  2. You have full rights to any photos, text or information you have created and developed in relation to your Property. This means that you may use the photos (or information/text) elsewhere without our consent. For the photos you provide us with of your Property, you grant us (including our group company, being any subsidiary or group company of Purodreams Dreams S.L. and any subsidiary of any group company) a non-exclusive license to use these photos to advertise your Property for as long as your Property is advertised on Purodreams.
  3. Once you have prepared your Advertisement, you must read the Advertisement carefully, checking any information in the Advertisement that is false, misleading or erroneous. In any event, you confirm that the Advertisement is correct or does not contain misleading or erroneous information. We will rely on the representation that the Advertisement is a true and correct description of the Property.
  4. As we prepare your Advertisement for approval, you will also need to set your prices and synchronise your calendar. It is your responsibility to ensure that these are correct and up to date at all times. We will need you to provide us with your bank details in order to pay you. We will also need you to provide us with a credit card in the event that you cancel a Booking. In addition, you must provide details of any House Rules that you wish to be enforceable by Guests, you must carefully consider the terms of the cancellation policy options and put on the Guest’s panel which cancellation policy you wish to apply to Bookings for your Property. You must complete the requested information within 48 hours of receiving acceptance.
  5. Once you have provided this information, we will take care of activating your Advertisement on our website.
  6. You agree that you will keep the availability calendar for your Advert up to date. It is mandatory that you have your calendar synchronised with iCal. By synchronising with iCal our platform checks the availability of your advert every 5 minutes to ensure that no double bookings occur.
  7. You agree that the client on Purodreams makes an immediate booking of your property which provides you with the security that the property booked and paid for will not be cancelled.
  8. You understand that the publication of the last minute offer on Purodreams of the advertisement of your property:
    1. includes a last-minute offer associated with your property by means of the last-minute booking period (number of days between booking and stay) and a last-minute booking discount.
    2. The last-minute booking price guarantees the customer the best price available for that property at that time.
    3. The property can also be booked without a discount at the regular price.
  9. You agree that we will be solely responsible for the order and manner in which your Property appears on Purodreams.
  10. You must inform us immediately if there are any changes to your Property with respect to the information in your Advertisement.
  11. We reserve the right to correct and update your Advertisement as we deem appropriate, provided that we do not include any inaccurate, incorrect or misleading information. We will require confirmation from you within 48 hours of your request that the changes are not inaccurate, incorrect or misleading. If we do not receive your confirmation within 48 hours of your request, it will be deemed to be a representation by you that the changes are true, correct and not misleading.

4.- OUR OBLIGATIONS AND AGREEMENTS WITH YOU

Once your Advert is active on the Purodreams website we will be pleased to welcome you to Purodreams and:

  1. we will use reasonable efforts to market and promote your Property; and
  2. at our discretion highlight your Property from time to time on social media platforms.

5.- YOUR OBLIGATIONS AND AGREEMENTS WITH US


You agree with us that:

  1. you will comply with all your obligations set out in the Terms of Service applicable to each Booking and will promptly pay us any costs, expenses or charges reasonably incurred by us (including those payable to any Guest) as a result of your failure to comply with the Terms of Service;
  2. if the Guest makes a return request, notwithstanding any restrictions on doing so, you will use all reasonable efforts to assist us in defending the return request, including providing us with such information and evidence as we may reasonably request;
  3. if a request for the return of a Guest’s Booking is successful, within 7 days of us notifying you that the request has been successful, you will pay us (to the extent that the request for return has been successful); the Property Fees, the Purodreams Service Fee, and any other payments due from the Guest. For the avoidance of doubt, we will withhold our Service Fee from the Manager;
  4. take out appropriate insurance so that the booking and rental of your Property is covered;
  5. you will check your Property Advertisement in detail, both before it is advertised on the Purodreams site and afterwards, notifying us immediately if anything in the Advertisement is incorrect, untrue or misleading;
  6. indemnify us for any loss we incur as a result of claims made by Guests for any misrepresentation in the Advertisement of your Property;
  7. if prior to the commencement of a Booking you become aware of anything which may adversely affect the Guest’s stay (e.g. building works in a nearby building) you will notify us and the Guest immediately.
  8. you agree that we do not carry out detailed due diligence on Guests and that we are not responsible for their actions nor do we have any liability to you for fraudulent Bookings;
  9. acceptance of bookings on Purodreams is immediate and you will not reject any Booking made through our platform other than for cause.
  10. you will advertise your property with us for at least 12 months; you can also promote it through Flash Sales on our platform for one week a year. In this case you will inform us at least 1 month in advance.
  11. advertising your Property with us and the subsequent occupation of the Property by Guests will not be in breach of any applicable laws and regulations in the country, state, city, town and/or building in which the Property is located (including any overriding tenancy obligations) or applicable European Law (as defined in the Terms of Service) including laws and regulations restricting you as Manager from having paying Guests of any kind and/or for short periods of time;
  12. we are entitled to use any photos and text from the Advertisement for your Property in the marketing channels we use other than the Purodreams website;
  13. you will not enter the Property during the rental period except in accordance with the provisions of your Guest Contract;
  14. we are authorised to:
    1. finalise Reservations between you and the Guest;
    2. bind you to the performance of the Guest Agreement in relation to such Bookings; and
    3. collect/return payments as your collecting agent, at all times and in accordance with this Agreement and our Terms of Service (together with any other terms incorporated into your Cancellation Policy).
  15. has the legal right to grant the Guest an authorisation to occupy the Property on the terms set out in the Booking Confirmation;
  16. is responsible for obtaining any additional consents that may be required, and paying any additional costs that may be payable, in order to grant an authorisation to occupy the Property to the Guest;
  17. provide fire, health and safety instructions, which shall include information on fire exits, at least one first aid kit, smoke alarms, carbon monoxide alarms where necessary and information on turning off water and gas taps;
  18. The Property shall be clean, in a sanitary and litter free condition, and with clean bed linen and bath towels and shall ensure that it is so cleaned before the check-in time stated in the Advertisement (not at any other check-in time you have agreed with the Guest);
  19. all essential appliances in the Property (including all appliances mentioned in the description in the Property Advertisement) shall be in perfect working order, together with the heating and air conditioning systems if any; and
  20. provide the Property in the same condition and to the same standards as published in your Purodreams Property Advertisement, and you are responsible for informing us immediately of any changes to the Property;
  21. understands the circumstances which give rise to the Guest being entitled to a refund and will make every reasonable effort to ensure that situations which could lead to the Guest making a Claim for Refund do not arise;
  22. shall ensure that the Guest is able to enter the Property at the time of check-in (or other mutually agreed time permitted for late arrivals);
  23. will honour any Booking made through Purodreams even if it is no longer a Member of Purodreams at the time of the Guest’s stay;
  24. you have provided us with all House Rules that have to be included in your Advertisement, including any restrictions that may be placed on the Guest’s occupancy and use of the Property imposed by third parties such as lease agreements and/or building regulations;
  25. You have considered the cancellation policy options carefully and understand their effects before choosing the cancellation policy you would like to apply to your Property Bookings.

6.- RENEWAL AND REMOVAL OF ADVERTISEMENTS

  1. Unless either of us removes your Advertisement (as described in the paragraphs below), your Advertisement will run for a minimum period of 12 months (“Publication Period”). The above period may be subject to unlimited extensions on an annual basis after its expiry.
  2. After the expiry of the minimum period of 12 months, either party may terminate the contract, provided that at least three months’ prior notice is given.
  3. We reserve the right, at any time and without notice, to remove or disable access to your Advertisement for any reason – whether temporarily or permanently – including Advertisements that we determine (in our sole discretion) to be objectionable for any reason. Any removal of your Advertisement under this paragraph shall be without prejudice to our obligation to pay you any undisputed amounts we have received from the Guest for the Booking of your Property, paid prior to the removal of your Advertisement.
  4. You may not remove your Advertisement during the Listing Period unless you can demonstrate to our reasonable satisfaction that your Property is not advertised for rental on any other platform or website and that one of the following has occurred:
    1. You are selling your Property or letting the Property for long term let or you are going to occupy the Property yourself for your own purposes;
    2. A change in applicable legislation or regulations means that it is not possible or financially viable for you to offer your Property for rent through Purodreams; or
    3. There are any other exceptional circumstances which we agree (acting reasonably) mean that you are unable to offer your Property for rental through Purodreams.

Any proposal to remove your Advertisement must be notified to us at managers@purodreams.com. Please also give us as much notice as possible of the occurrence of any of the above circumstances. You are obliged to respect all Bookings made through Purodreams before it was removed.

7.- BOOKING PROCESS

  1. By advertising your Property with Purodreams, you agree that bookings will be automatically produced by “Immediate Confirmation”, without the need for confirmation from you. Immediate Confirmation” means the Booking confirmation that will be sent automatically and instantly to the Guest.
  2. A Guest will book your Property by providing us with their personal information, requirements and payment card information. Our system will then produce a Booking Request with full details of the Guest’s Booking, asking the Guest to confirm that they accept the terms of Service.
  3. Using “Immediate Confirmation”, our systems will confirm that the dates requested by the Guest are available in your calendar and we will instantly send an automated Booking Confirmation to you and the Guest.
  4. Please note that we monitor messages between Managers and Guests on the Purodreams platform. If we deem it necessary we can assist you or the Guest by answering any questions that may arise. We also have full authority to review and delete messages that we deem inappropriate.
  5. The sending of the Booking Confirmation to the Guest shall constitute your acceptance of the Guest’s offer to occupy your Property on the terms set out in the Booking Confirmation.
  6. Where Local Law and regulations allow for a price parity requirement and the Guest has made a Best Price Guarantee claim, in such a case, if we consider that you have knowingly advertised your Property on Purodreams at a higher daily rate than on alternative platforms or websites, we may, at our sole discretion, charge you the monetary difference between the two charges plus EUR 50 compensation.
  7. You acknowledge and agree that our obligation to pay you the Property Fee is subject to and conditional upon our actual receipt of the relevant amount from the relevant Guest.
  8. You are solely responsible for determining and paying any and all taxes arising from the rental of your Property through Purodreams. We do not provide tax advice to Purodreams Managers.

8.- GUEST DUE DILIGENCE

  1. You acknowledge that we do not carry out in-depth checks on our Guests.
  2. In the event that we provide a description of the Guest or background information in relation to their interactions with Purodreams and/or any other Managers, this is for your information only and is confidential. Please do not rely on this information and perform your own due diligence before accepting a Booking from a Guest.
  3. We are not responsible for the acts or omissions of any Guest staying at your Property or any person that the Purodreams Guest allows to visit or stay at your Property.

9.- CANCELLATIONS AND REFUNDS

  1. Where a Guest cancels their Booking in accordance with the Terms of Service, you agree to refund any amounts due from you in consequence, authorising us to make payments to the Guest on your behalf if we are depositary of these as your collecting agent.
  2. Once a Guest’s Booking has been confirmed, you are not permitted to cancel that Booking except in extraordinary circumstances where it is impossible for you to provide the Property on the dates requested or to the standards due. In such a case, you must notify us immediately and provide us with such evidence so that we can verify the situation and honour the Guest’s Refund.
  3. In the event that the Guest is entitled to a Refund pursuant to the Guest Refund Policy (as set out in the Terms of Service), then:
    1. if requested, you shall be liable to us on demand for:
      1. the Property Fee paid by the Guest for the Property;
      2. any fees or payments made by the Guest for additional services at the time of Booking; and
      3. an amount equal to 20% of the Property Fee for the Booking (provided that, in our sole discretion, we may reduce this 20% as we see fit);
    2. for the avoidance of doubt, we agree that, if the Guest cancels both:
      1. within 24 hours of the Booking Confirmation; and
      2. more than 7 full days before the commencement of the Booking we will not charge the 20% set out in 3.1(3) above;
    3. to the extent that we are not a depository on your behalf for the amounts referred to in clause 3.1, you expressly authorise us to deduct the relevant monies required from the credit card you provided to us when your Advertisement was created or from forthcoming payments for bookings made at your managed properties. If the credit card is no longer valid, you agree to provide us immediately with a valid payment card, so that we can deduct the corresponding money. Please note that we will not make any deduction from your credit card or discount your payments for bookings without prior notification to you;
    4. possession of any monies held by us on your behalf as collection agent for a Booking immediately transfers to us, at our discretion, that a refund is due to the Guest; and
    5. we will retain the Guest Service Fee for the Booking.
  4. If you cancel your Bookings more than twice in any continuous 12 month period we will automatically delete your Purodreams Advert. This applies even if the cancellation was within 24 hours of the Booking and more than 7 days prior to the start of the Booking.

10.- FEES AND PAYMENTS

  1. It is your responsibility to post the Rates for your Properties on the Purodreams website provided that you agree that you will not charge any property rates per night or for additional services that are more expensive than those stated on any other service, website or platform (including your own service, website or platform).
  2. We charge the Service Fee for each Booking that is made through Purodreams.com. The Purodreams Service Fee is included in the Guest’s Booking price and you expressly agree that the Purodreams Service Fee will be retained by us and not remitted to you.
  3. We charge Guests, with the booking confirmation, the total Property Fee for each Booking that is made through Purodreams – including cleaning fees, deposit and tourist taxes -. This fee includes the Service Fee charged for each booking. The Service Fee does not include VAT on the invoice that we will send to you. You expressly agree that we are entitled to deduct the Service Fee from the Property Booking Fee before we remit any money to you.
  4. The Service Fee will be 15%.
    1. The service fee will be deducted from the total amount of the reservation plus any additional options minus the security deposit, cleaning fee or city tax (if any). The formula for the calculation of the service fee is:
      • Service fee = Service fee x (total amount of the booking – security deposit – cleaning fee – city fee + additional options).
  5. You expressly appoint us to act as your collecting agent only for the limited purpose of accepting and, where applicable, making refunds to the Guest on your behalf. We will transfer to you the funds from the bookings you have requested to be collected in full in accordance with the following:
  6. we will transfer the Property Fee (less any deductions set out in this Agreement) to your bank account on the nearest Friday, within 14 days of your Guest checking out; and we will transfer to you any part of the Security Deposit that has been paid to us under the Terms of Service within 14 days, once we are satisfied that the amounts are properly due and payable to you in respect of the damage to your Property.
  7. Please note that we are not obliged to transfer any amount to you if the Guest has raised a complaint in relation to your Booking and/or a deduction from the Security Deposit, in which case we will not transfer any amount due to you until such dispute has been resolved.

11.- PROPERTY DAMAGE AND SECURITY DEPOSIT.

  1. You agree that over time your Property will suffer reasonable wear and tear from use. However, if you can demonstrate that your Property (or part thereof) has suffered damage during the Guest’s stay, beyond reasonable wear and tear, you may instruct us to deduct the cost of the damage in question from the Guest’s Security Deposit, with the relevant provisions of the Terms of Service applying. Please note that:
    1. we will only be able to recover on your behalf the stipulated amount up to the maximum we can charge the relevant Guest’s card for the Security Deposit.
    2. you will be independently liable to recover from the Guest the cost of any damages in excess of the Security Deposit; and
    3. Guests may initiate a claims procedure as set out in the Claims and Dispute Resolution Article of the Terms of Service. If we are unsuccessful in recovering your payment, we assume no liability for compensation and will rely on your insurance and/or your own claim against the Guest.
  2. If any damage has been caused to the Property, you must notify us within 48 hours of the Guest’s departure. If you do not notify us within 48 hours, we will assume that no damage has been caused by the Guest.
  3. You should check the terms of the insurance policy you take out in detail to ensure that it does not exclude damage caused by the acts/omissions of the Guest or other visitors to the Property.
  4. You are permitted to charge Guests an end of stay cleaning fee as an additional cost. In addition, if you can demonstrate that the Property is very dirty and that, in your reasonable opinion, an industrial cleaning is required after the Guest’s stay, you may request us, provided that you notify us within 48 hours of the Guest’s departure, to make a corresponding deduction from the Security Deposit.

12.- OVERSTAY

If a Guest overstays at your Property, we will attempt to obtain from the Guest the charge for overstaying the authorised period of stay as stipulated in the Property Reservation Article of the Terms of Service. If we are unable to do so, we do not assume any liability for compensation. If we do, we will pay you any part of the overstay payment corresponding to the Property Fee, its costs and expenses, within 14 days of receiving payment from the Guest.

13.- CLAIMS

In the event that there is a problem with the Guest’s stay at your Property, you agree to follow the procedure set out in the Complaints and Dispute Resolution Article of the Terms of Service.

14.- TAXES

  1. You agree to be solely responsible for determining and fulfilling your obligations to collect, pay and remit any applicable sales tax, indirect sales tax, occupancy tax, tourist or resort tax or income tax (“Taxes”) in relation to the Reservations. You also agree that it is your responsibility to include and incorporate any Taxes in your Property Tariff.
  2. Tax regulations may require us to collect tax information from you. It may also require us to withhold an amount equivalent to Tax from payments we make to you. If you do not provide us with the tax information required under applicable law to enable us to comply with any obligation we have to withhold Taxes from payments made to you, then we will be entitled to withhold the same value as the relevant Taxes from payments made to you until the obligation is complied with.
  3. You agree and understand that (depending on where your Property is located) certain Taxes may be calculated on the basis of a percentage of the Property Rate, a per diem amount or other method of calculation. These Taxes: are set by the relevant government agencies, departments and other authorities (“Tax Authority”) are levied on Guests; and are often referred to (amongst others) as tourist tax, occupancy tax, council tax, property tax or otherwise. For the purposes of this Agreement, “Tourist Taxes” shall be referred to as “Tourist Taxes” and You understand and agree that Tourist Taxes are payable to the relevant Tax Authority.
    We may decide, at our sole discretion, to collect and pay Tourist Fees for Bookings to the relevant Tax Authority in accordance with the terms of this Agreement and the Terms of Service (“Collection and Payment”).
  4. We may decide to apply direct Collection and Payment where the relevant jurisdiction either requires us or you as Manager to collect and pay Tourist Fees. If we decide to apply direct Collection and Payment, you hereby instruct and authorise us to collect the Tourist Fees from the Guest on your behalf by doing so when we collect the Property Fee from a Booking and remit it to the relevant Taxing Authority.
  5. Even in jurisdictions where we are not and/or are not obliged to collect and pay Tourist Fees, we may decide, at our sole discretion, to collect Tourist Fees from your Guest and pay Tourist Fees to you, if you provide us with the relevant tax information showing that you have the authority and capacity to accept Tourist Fees. In such event, you agree that you will remit and pay the Tourist Taxes to the relevant Tax Authority. You confirm and agree that you are solely responsible for calculating the Tourist Charges for the Booking and for including these in your Property Tariff on our website. You also agree that you are solely responsible for paying the Tourist Tax directly to the relevant Tax Authority. We assume no liability if you fail to remit or pay any applicable taxes.
  6. If we collect the Tourist Taxes when the Guest makes the Booking, you agree that you will not collect any of the Tourist Taxes that we are charging for the Booking.
  7. You agree that if the Taxes we collect and/or pay on your behalf do not fully discharge you of your tax liabilities in respect of the Booking, you will pay us or the relevant Taxing Authority the outstanding balance. You agree that we have no liability to you other than our obligation to pay the Tourist Taxes we have collected on the Booking.
  8. We may at any time stop/cease the Collection and Payment services provided that we bring this to your attention. This does not relieve you of your responsibility to collect and pay any applicable Taxes in relation to the Bookings to the relevant Tax Authority.

15.- LIABILITY

  1. Subject as set out in clause 3 below, we shall have no liability to you for: (i) any loss of profit (whether direct or indirect); (ii) loss of business; (iii) loss of goodwill; (iv) loss of reputation or any other economic loss (in each case and whether direct or indirect) or for any indirect, consequential or incidental loss or damage of any kind; (v) any amounts paid or payable by you to any Guest (or other person in connection with your Property); (vi) loss, damage or corruption of data; (vii) any loss under the Contract between you and the Guest; (viii) injury suffered by you; or (ix) loss or expense incurred as a result of the conduct or misconduct of a Guest.
  2. Our liability to you for all losses shall not exceed the amounts we have collected on your behalf but have not paid to you in breach of this Agreement.
  3. Nothing in this Article limits or excludes our liability for death or personal injury caused by our negligence or that of our agents or employees) or for fraud.

16.- GENERAL

  1. Where pursuant to this Agreement, or the Terms of Service, you are liable to pay any amount to us or the Guest, you agree that we may (at our sole discretion) deduct the relevant amount from future payments due to you, in the event that you have not paid the relevant amount within the stipulated period of time.
  2. We shall not be in breach of contract or delay in performing any of our obligations under this Agreement to the extent that such breach or delay is due to a breach of this Agreement by you or is otherwise beyond our control.
  3. This Agreement, together with the terms contained in the documents to which it refers constitutes the entire agreement between you and us and any other terms, conditions or prior representations of any kind shall not form part of or affect this Agreement unless expressly set out or incorporated into this Agreement. Nothing in this paragraph limits or excludes either party’s liability for fraud.
  4. If any term of this Agreement is found to be void or unenforceable by a court or authority of competent jurisdiction, or is not permitted by Local Law and/or European Law (as defined in the Terms of Service), then all other provisions of this Agreement shall continue in full force and effect and shall not in any way be impaired, provided that the parties agree to substitute a provision, which is as close as legally permissible to the provision found to be void or unenforceable.
  5. This Contract does not confer any rights on any person or party (other than the parties to this Contract).
  6. We may sub-contract or delegate our obligations under this Contract without your prior consent, provided that we remain ultimately responsible for the performance of these obligations.
  7. This Agreement and any non-contractual obligations arising out of or in connection with this Agreement are governed by and construed in accordance with the laws of Spain except for international conventions.
  8. The parties submit to the exclusive jurisdiction of the Spanish courts.
  9. The parties agree to act in good faith and to co-operate with each other to resolve any dispute, including using the professional mediation and/or arbitration services of the Spanish Court of Arbitration to resolve the dispute (if they have failed to do so within a reasonable period of time).

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