Terms and Conditions - Gay Homestays

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Pink Bookings SL operates the website Gay Homestays. Therefore the names Pink Bookings and Gay Homestays are interchangeable. By using the website, private and professional third parties ("guests") can book accommodation from accommodation providers ("hosts"). The hosts and the guest trade on their own behalf with Pink Bookings acting as an intermediary. The term "user/s" refers to any individual, group or company that uses the website. The terms 'we' and 'us' refers to Pink Bookings.

Before booking a room through us it is mandatory that the user takes note of the terms and condition of use and accepts them by ticking the check box during the booking process.

We reserves the right to change these terms and conditions of use by posting any changes on the website. The new terms will be effective immediately they are posted.

Links to other sites

We may, from time to time, provide links to other websites. The linked sites are not under our control and we explicitly state that we are not responsible for the content, goods and services of any linked site. The links are provided for the user's convenience and any such links do not reflect an endorsement by us and are not associated with the operators of this site.
Mediation of bookings
1. Scope
  
  We acts as a booking engine, an intermediary for the services provided. We are not a party included in the agreement between the guest and the host, and have no responsibility or liability to the user in respect of the terms of the contract.
2. Payment of commission
3. For every booking secured by us the host is liable to pay commission of 15 % of the gross total price of the rental.
4. Commission is taken in the form of an online payment (15 % deposit) received from the guest during the booking process. The balance is then paid to the host upon the guest arrival at the accommodation.
5. The mediation of the booking service becomes effective after the booking request has been confirmed and the guest has paid their deposit. At this point contact details of the host and guest will be exchanged and the booking is binding.
6. Costs
  
  The accommodation placement service provided by us is free of charge to the guest.
7. The guest agrees in the case of a successful placement to pay to the host the full amount (minus the deposit) as advertised by the host.
8. The host agrees that 15% of the total price, as advertised by the host, is paid to us in the form of a deposit, paid by the guest during the booking process.
9. Capacity to contract
  
  Our hosts must be 18 years or older and able to legally contract, or persons who act with the consent of their legal guardian/representative.
Booking terms and cancellation policy

The booking terms are equivalent to the terms and conditions of the hosts as listed in the ‘Important Information' section on the host's room details page. By booking the room the guest accepts the terms and conditions of the host. The host is solely responsible for the correctness of this information. It is the responsibility of the guest to clarify any ambiguity about the terms and conditions of the host accommodation provider during the booking process. Most hosts require payment in the form of cash on arrival.
The guest may cancel their booking up to 7 days before arrival without additional costs being incurred. In such an event the guest must inform the relevant accommodation provider. DEPOSITS ARE NON REFUNDABLE. A cancellation of less than 7 days is subject to a 'Late Cancellation Payment' equivalent to a one night stay. A 'no-show' is also subject to payment equivalent to a one night stay.

Service delivery

On the completion of a booking we inform the host and the guest via email. Within the emails, each contracting party receives the contact data of the other party from the our database.

Hosts and guests shall agree on the details of the service delivery - particularly the arrival time, departure time and payment arrangements.
Privacy policy
1. We treat the privacy of individuals as a very important issue. Personal contact data collected for guest booking and host registration purposes will only be used by us for internal use (e.g. booking mediation). We give an assurance that we will never sell, make available or distribute personal information to any third party.
  
  Furthermore, if users wish to know what information We hold on them they should contact our office in writing. We will only send this information to the email address or postal address we have on file.
  
  If a user would prefer that personal information be removed from our database or amendments made to information we hold, we will remove or amend any such information on the user's request, within 31 days.
2. Upload of content / release of liability
  
  During the application/registration process the host may supply photos and information to create a room profile page (room details page).
  
  The host guarantees to be in the possession of the property rights which are necessary for the publication of the uploaded content. The host further guarantees not to violate any law or rights of third parties. The hosts, guests and users agree to indemnify Pink Bookings and its employees against all claims any third parties might raise, particularly from the related legal costs, including court and attorney fees.
3. Publicly accessible data
  
  In order to mediate bookings through the website we require room details from the host, which will be accessible to all our users. During the registration process we inform host that the information regarding their room/apartment, provided by them on their profile page, will be made accessible to all our users.
  
  Once a guest has made a booking we will contact the host to confirm availability. If the room is available we will check with the guest that they wish to book the room. Following confirmation and payment of the deposit, the host's contact details will be passed on to the guest and vice versa.
4. Data for booking mediation
  
  Beyond publicly accessible data we requires additional data from guests and hosts during the respective booking and registration process, which are necessary for booking mediation. This data should contain, for example a full name, postal address, email address and phone numbers. During the registration and booking process we inform hosts and guests that this data will be passed on to the other contracting party in the case of a successful booking mediation - see How does it work?.
5. Reliability of the transmitted data
  
  The host assures that all information transmitted to us is correct. This applies particularly to the uploaded content and photographs. By using the site the host confirms that these photographs give a realistic impression of the room/apartment seen on their room details page. Any violation of this rule will cause the prompt deletion of the respective profile by us.
  
  We advise host to keep their calendars up to date in order to offer a reliable service to potential guests and maximise their chances of receiving bookings.
6. Deletion of profile page, translation of data and editing
7. Any activity which is assessed by us to be attempting to circumvent the booking process will result in an immediate termination from the programme. Examples of these are as follows: (a) Adding personal details or website details to room profile pages (b) Failure to notify the agent should the guest change their travel plans. (c) Failure to notify the agent of a repeat booking.
8. We reserves the right to translate any collected data into the languages in which we are available. We also reserve the right to edit profile pages to (a) make them more google friendly (b) Make them more marketable on our site (c) Remove any offensive material or personal contact information (d) To make corrections, e.g. English/spelling mistake
9. Data protection
10. We uses the collected data only for the purposes mentioned in the terms of use. Other than this we treat the data confidentially, and in compliance with the strict Spanish data protection laws.
11. Use of materials
  
  By using this website users agree that they will use the material for their personal use only. Users agree not to use the material for any commercial purpose. Our website and all of the related pages, including content, software, code, graphics, or other material contained in this website is owned by us and is protected by copy right, trade marks, service marks or other proprietary rights and laws. Unauthorised used of any copyright material, trademarks or any other intellectual property without the express written consent of the owner is strictly prohibited.
Liability

Accommodation and other services offered on the Our website will be provided by third party service members. We do not offer or provide our own accommodation or services except for the booking mediation between guests and host. We are not liable for the correctness of the information given by guests, host or advertisers. Furthermore we are not liable if the host does not fulfil its duties derived from its terms of use, or if the guest is not satisfied with the host's performance for any other reason.

In the context of its booking mediation service Pink Bookings is liable for:

(a) Damages caused by injury to the body, life or health of a person, due to an intentional or negligent breach of duty by us.
(b) Damages, which are included in the Spanish product liability law.
(c) Damages to enterprises caused by an intentional or negligent breach of duty by Pink Bookings.

The amount of liability is limited to the typically foreseeable damages at the time of the conclusion of the contract. This limitation is not valid for the intentional or negligent breach of duty by us, or by a legal or affiliated agent of Pink Bookings.

Liability for indirect damages, particularly loss of profit, exists only in the case of intentional or negligent breach of duty by a legal or affiliated agent of Pink Bookings.

Under all other circumstances Pink Bookings is not liable.
Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of Spain and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Spanish courts.
Severability

If one or more provisions of this agreement should be or become invalid or unenforceable, the balance of the agreement shall remain unaffected, thereby remaining in full force and effect. In this event, the parties shall substitute the invalid or unenforceable provision with a valid one which as closely as possible achieves the economic purpose of the invalid or unenforceable provision.