These Terms and Conditions permits you (as a “User” to use our service and our site https://rafleys.com (the “Site” where you may connect with other Users and either lease out your accommodation or rent an accommodation (the “Service”. This Site is a service provided by “Rafley Costa del Sol”), a company registered in Spain under registration number B 93 442549 with its registered address at Calle Marte de Riviera 7 29649 Mijas Malaga Spain (hereinafter “Rafleys”), “we”), “us” or “our”), subject to your compliance with these Terms and Conditions set out below. Therefore, please read these Terms and Conditions carefully before accessing or using the Site. These Terms and Conditions describe specifically the contractual relationship that exists between you and Rafleys and the relationship between the Guest and Host. By creating a User Account you accept to be bound by these Terms and Conditions. If you are unable to accept our Terms and Conditions, or our other policies you may not use our Service as presented to you on our Site. Rafleys may from time to time make changes to these Terms and Conditions. As a User of Rafleys’ Service you are obliged to keep informed of any applicable Terms and Conditions.

If you would like to use the Site to lease out or rent an accommodation that is offered through this Site, then you will need to separately enter into a RENTAL CONTRACT (as defined below) with the Host or Guest (as applicable).

Please note that if you would like to use the Site to lease out your property you should review local laws before listing your property on our site. Local laws may restrict your ability to lease out your property for short periods or may require that you must register, get a permit or obtain a license before listing a property for lease or entering into a lease agreement.

Rafleys is using a third party supplier for administering any payments made by the Users using this Site, which means that if the User wishes to lease an accommodation he or she is required to enter into a User Agreement for Payment Services.

Scope of these Terms and Conditions

The following Terms and Conditions apply for the business relationships between the User of the Service and Rafleys.

The provider of accommodation is hereinafter referred to as the “Host”; the person searching for accommodation is referred to as the “Guest”. The Host and Guest are collectively referred to as “Users”. The Users may use the Site both as a Host and as a Guest.

Please note that Rafleys does not offer any accommodation and is not a contracting partner to the agreements concluded between the Users. Negotiations regarding accommodations on the Site will take place between the Host (represented by Rafleys as a property manager) and Guest facilitated by the features on the Site. When the Users have come to an agreement regarding an accommodation on the Site, their understanding as confirmed by a completed booking process will form a legally binding agreement between the Host and the Guest (a ” RENTAL CONTRACT “).

Some of the features and functionalities described herein will not be available at the launch of the Service but will be added in the future.

On request, Rafleys may offer the Users additional services. Special terms and conditions may apply for such services, in addition to these Terms and Conditions.

The registration for usage and the use of the Site is currently free of charge for the Users. However, Rafleys reserves the right, in its sole discretion, to charge you for and collect fees from you for any additional features and services via the Site. Please note that Rafleys will provide notice of any future fee collection via the Site, prior to implementing new features and/or fees.

These Terms and Conditions provided to you are construed and governed by the laws of Spain. However, any mandatory law or regulation in your country of residence or the country where your property is located may also apply.

The Site, Services and Collective Content on the Site are protected by copyright, trademark, and other laws of Spain and foreign countries. You acknowledge and agree that the Site, Services and the Collective Content, including all associated intellectual property rights is the exclusive property of Rafleys and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Service or Collective Content.

“Collective Content” means Rafleys Content and User Content. “User Content” means texts, photographs, graphics, videos or other works protected by applicable intellectual property law that the User posts, uploads, publishes, submits or transmits to be made available through the Site or Services or through any third party social networking site.

” Rafleys Content” means all content that Rafleys makes available through the Site or Services, including any content licensed from a third party, but excluding User Content.

Rafleys ‘ Service

Rafleys offers an online marketplace to registered Users. On this Site, a User can offer other Users to rent its’ primary home and/or vacation home such as private apartments, room or another kind of accommodation (the “Accommodation” for a predetermined fee. The Site includes a search function that enables the Users to look for suitable Accommodation and place a booking request via the Site. The Services are offered to Hosts either being professional hotel operators or private persons to enable promotion of hotel accommodation as well as subleasing of private homes.

You may not use Rafleys’ Service as a Host under the auspices of being a private person to market your business if you are running a professional hotel operation. For the purpose of these Terms and Conditions, a professional hotel operator is defined as a party subleasing Accommodation on a regular basis with a capacity to accommodate at least nine guests or with the capacity of at least five guest rooms.

Please note that local laws may impose special requirements for professional hotel operators and may have their own definition of what constitutes a professional hotel operator. By agreeing to these Terms and Conditions, you agree that you will keep yourself informed of and comply with, e.g., local taxes, local zoning laws and any requirements of obtaining permission from local authorities (as applicable).

You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Tripwell does not offer any tax-related advice to any Users of the Site or Services. In addition, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or any obligations relating to applicable taxes in his or her listing of Accommodation Profiles (as defined below in Section 4).

Rafleys reserves the right to collect appropriate tax information from Hosts and/or withhold taxes from payments to Hosts, if required by applicable tax regulations.

Rafleys undertakes to provide the Service in a reliable manner and will make every effort to ensure that the Services are accessible at all times. The usage options can be restricted or interrupted temporarily through maintenance work, further development or disruptions. Rafleys will announce disruptions of the aforementioned kind to the Users in a timely manner wherever possible. If you have an urgent matter while our Site is temporarily inaccessible, please contact our Customer Support for personal service, at admin@rafleys.com or via the emergency telephone number found in your booking confirmation documentation.

Registration of an Account

Any private individual or legal entity can use the Services of Rafleys. However, a private individual must register an account on the Site and the user account must be held by a private individual of 18 years or older, or by a person entitled to represent that person or the legal entity.

With the registration of your name, e-mail address and password on the Site in addition to the consent to these Terms and Conditions and the Privacy Policy, the user account (the “User Account” is set up and there is an agreement between the User and Rafleys regarding the usage of the Services provided on the Site. If the User does not accept these Terms and Conditions and the Privacy Policy, the User may not use the Services.

You can also register to join by logging into your account with certain third party social networking sites, including but not limited to Facebook, via our Site.

You may also link your User Account with your account in such third party social networking site. By doing so you will be able to see which of your friends are using the Services, endorse your friends, recommend Accommodations and use other related functions and functionalities as provided on the Site and within the Service from time to time.

You acknowledge and accept that Rafleys may access, use, make available and store any content that you have provided to and stored in your account in the third party social networking site. Such content may be made available on and through the Site and the Services via your User Account and Accommodation Profile. Please note that your relationship with the third party social networking site is governed solely by your agreement with such third party service provider.

Users may not have more than one active User Account. As a User of the Services provided to you on this Site, you acknowledge and accept the following undertakings:

to provide truthful, current and complete information when completing your registration for a User Account

to keep the User Account data up-to-date and correct at all times;

not to disclose your password, allow anyone else access your User Account, or do anything else that might jeopardize the security of your User Account;

to inform Rafleys immediately if there is reason to suspect unauthorised usage of your User Account;

not to upload viruses or other malicious code on the Site;

not to use the Site to do anything unlawful, misleading, malicious, or discriminatory according to applicable law;

not to use Rafleys website if you are under 18 years old. Anyone under 18 is prohibited to enter into a RENTAL CONTRACT, but may access and use the Site to browse the listings of any Accommodation;

not to use Rafleys if you are located in a country embargoed by the European Union or the U.S., or are on the U.S. Treasury Department’s list of Specially Designated Nationals; and

not to transfer your User Account without receiving our prior written consent.

Rafleys reserves the right to review any User Accounts prior to publication of such accounts on the Site, in order to protect the User, Rafleys and to otherwise prevent harm.

Upon the User’s approval of any adjustments suggested by Rafleys the User’s Account is completed and Rafleys will publish the User Account on the Site.

Using the Site

Making a reservation

Guest undertakes to convince himself/herself of the identity of his/her contracting partner. Rafleys can only carry out a review of the data stored during registration to a very limited extent, as the identification of persons on the Internet is only possible to a very limited extent.

As a Guest, you are responsible for leaving the Accommodation in the condition it was when you arrived. You acknowledge and agree that you are responsible for your own acts and omissions as well as for the acts and omissions of any individuals that may accompany you to the Accommodation.

The applicable terms and conditions for the lease and rent of the Accommodation are stated in each of the Accommodation Profiles. Please specifically observe the conditions of cancellation offered for every property, , the Total Price and the House Rules, which all forms part of the Lease Agreement that the Host and Guest may decide to enter into.

As a Guest, you can contact Rafleys either by sending a booking request or by sending a message.

A booking request is an explicit interest in booking an Accommodation during a certain time period sent from the Guest to Rafleys. However, a booking request, is not binding. It is merely a start of a conversation between the Guest and Rafleys that can lead to a booking once the Guest and Rafleys have agreed on the terms for the booking.

Once the Guest and Rafleys has agreed on the terms for the booking, Rafleys shall send the Guest a booking offer for the Accommodation. A booking offer is an invitation to book the Accommodation. A Guest must receive a booking offer to be able to book an Accommodation.

A Guest having received a booking offer has the possibility to, but is not obliged to, proceed and book the Accommodation.

A booking offer is not exclusive. Rafleys can send out multiple booking offers for the same time period to multiple Guests at the same time. A booking offer lapses 48 hours after it is sent to the Guest. A booking offer also lapses when the Host withdraws the booking offer, when the specific time period for a booking request passes, or when a part of the specific time period for a booking offer is marked as unavailable in the Accommodation availability calendar.

The Guest confirms a booking through responding to the booking offer and making the payment as defined in the booking offer. The payment is always done online on the Rafleys platform.

During a conversation between a Guest and Rafleys on behalf on a Host, the Host can at any time offer the Guest a special offer. A special offer is an offering created by the Host for a specific Guest. The terms of a special offer may deviate from what is set out in the Accommodation description and what has been discussed in the previous conversation. The Guest is responsible for reviewing the special offer before acceptance. In the case of a special offer, the Guest is obliged to confirm or decline the Host’s special offer within 48 hours from the Guest’s receipt of the special offer. If the Guest does not accept the special offer within the stipulated time or declines the special offer, the Host’s special offer will lapse. The Guest accepts the special offer through responding to the special offer and making the payment as defined in the special offer.

A Legally RENTAL CONTRACT is concluded

Upon the Guest’s payment of a booking offer or a special offer, a legally binding Lease Agreement comes into force between the Host and Guest. Consequently, the Host is obligated to make an Accommodation available for the Guest’s use under the agreed terms.

Rafleys will send an e-mail to the Host and the Guest with the information provided by the contracting partners stating the full terms of the Host’s and Guest’s agreement which will take the form of an actual RENTAL CONTRACT, including the applicable cancellation policy and the total price, which altogether form the Lease Agreement.

The Host and Guest that are entering into a RENTAL CONTRACT are each recommended to print, sign and exchange the signed original Lease Agreement that the Host and Guest received as a confirmation of the completed booking process from Rafleys. Please note that in some jurisdictions, the exchange of signed agreements is a condition for validity of the RENTAL CONTRACT.

Price and Payment

Rafleys reserves the right to claim a commission 5% of the Accommodation Price including any applicable VAT (the “Commission”) from the Guest in consideration of providing the Service.

Please note that the total price that the Guest shall pay to the Host will include the Accommodation Price including any applicable VAT (as at the date of the actual payment). The Host is not permitted to charge the Guest any charges or fees upfront. All payments in relation to the RENTAL CONTRACT shall be made exclusively as set out in these Terms and Conditions.

All payments in relation to the Lease Agreement must be made in euros.

Rafleys is not liable for any cost, loss or damage due to currency fluctuations or for any bank fees charged by a User’s bank in connection with making payments on the Site.

Rafleys has entered into a separate service agreement with a Payment Service Provider regarding the outsourcing of the payment service on the Site. Any payments on the Site will be handled by the independent contractor Holiday Rent Payment (the “Payment Service Provider”).

Any payments made by the Guest will be held by the Payment Service Provider on behalf of the Guest and shall be released to the Host after 48 hours following the check-out of the Guest.

For the purpose of these Terms and Conditions, time of check-in shall always take place no later than 23:59 Coordinated Universal Time (“UTC”) on the date stated as check-in date in the RENTAL CONTRACT. Hence, the payment will be released to the Host from the Payment Service Provider minimum 48 hours after 23:59 UTC on the date of check-out.

It may take 1-5 business days before the money is deposited into your account, depending on the User’s personal bank’s handling times and procedures.

Complaints upon check-in or check-out

In case the Guest experiences any problems with the chosen Accommodation or with the Host, the Guest may contact Rafleys in order to file a complaint. The complaint must include a specification of the relevant circumstances and the grounds on which the Guest bases its complaint on. If the Guest files a complaint with Rafleys no later than within 48 hours after check-in, Rafleys may withhold payment to the Host. The Guest may still file complaints with Rafleys thereafter, however, please note that Rafleys then has procured the Third Party Payment Service Provider to release any payment to the Host.

On the same note, in case the Host experiences any problems with the Guest, or discovers any damage to the Accommodation and/or his/her property, the Host may contact Rafleys in order to file a complaint. The complaint must include a specification of the relevant circumstances and the grounds on which the Host bases its complaint on. The Host must file the complaint with Rafleys no later than within 48 hours after the Guest’s check-out.

In the event a Host makes a claim against the Guest for damaged property or Accommodation and provides evidence of damage, the Guest agrees to pay the cost of replacing the damaged items with equivalent items. After the Guest has been notified of the claim and given 7 days to respond, Rafleys reserves the right in its own discretion to charge the Guest via the Guest’s credit card or bank account on file in the Guest’s User Account for the cost of replacing the damaged items. Rafleys’ right to charge the Guest in its own discretion is limited to an amount of the damage deposit announced for the property.

Rafleys also reserves the right to charge the credit card or bank account on file in the Guest’s User Account, or otherwise collect payment from the Guest and pursue any avenues available to Rafleys in this regard in situations in which the Guest has been determined, in Rafley’ sole discretion, to have damaged any of the Host’s Accommodation, including but not limited to any payments made by Rafleys to Hosts under Rafleys Property Management Agreement and in relation to any payments made from Rafleys to Hosts.

As a Host, you understand and agree that Rafleys reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have been caused to your Accommodation or any personal or other property located at your Accommodation (including any amounts paid by Rafleys under Rafleys Property Management Agreement). You further agree to cooperate with and assist Rafleys in good faith and to provide Rafleys with such information as may be reasonably requested by Rafleys in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Rafleys may reasonably request to assist Rafleys in accomplishing the foregoing.

Complaints may be made in writing, sent by e-mail, or by telephone and be addressed to Rafleys Customer Service at email: admin@rafley.es.

Rafleys reserves the right to try to resolve any dispute, controversy or claim arising out of or in connection with the RENTAL CONTRACT between the Users by mediating with the Users in order to find an amicable solution.

Rafleys will base its decision exclusively on the information made available by the Guest on the Site which is relevant to the Accommodation at hand, including but not limited to, the RENTAL CONTRACT, any communications using the internal messaging system.

Cancellation

In the event of a cancellation, the Guest and Host have rescinded the RENTAL CONTRACT. Depending on the applicable cancellation condition, the Guest may have a refund. Any refunds are processed by the Payment Service Provider.

The Guest will be refunded in full, provided that the booking must be cancelled no later than 30 days before check-in. This means that if check-in is August 30, the guest must cancel before July 29 23:59 UTC. If the Guest cancels his/her booking later than 23:59 UTC 30 days before the check-in date agreed in the RENTAL CONTRACT, the Guest does not have the option to receive any refund for his or her booking.

In case the Guest cancels a booking, Rafleys reserves the right to charge the Guest the administrative costs incurred due to the processing of the cancellation.

Rafleys’ claims for the service fee are due immediately upon completed cancellation.

In most cases, the owner of the rented property receives 100% of the rental price eery time a cancellation within 30 days prior to arrival occurs. Nevertheless, there are some exceptions to this rule, described below:

1. The guest provides a medical certificate or other document that shows that cancellation of the reservation is due to accidents, illness or death.
2. The guest arrives to the property and decides immediately that he/she cannot stay in that property for either health reasons, no correspondence with the listing, mayor damage or other reasons (to discuss with the rental portal). To be able to apply this policy, the property cannot be used by the guest at any extent.
3. The booking of the property produces the same day as the entrance (so called last minute bookings). Those booking are done without providing bank or credit card details. Rafleys has no possibility to charge any penalty to the guests in case of cancelations of these “last minute” bookings, therefor no compensation to the owner may be done.
4. The guest has 48 hours since the reservation is made online during which cancelations of booking may be done without penalty. When bookings are cancelled within those 48 hours of courtesy period, no penalty is charged on the guest. The owner does not receive compensation in those cases, even though the booking is cancelled less than 30 days prior to arrival.

Rafleys is obligated to procure that the Payment Service Provider shall reimburse the Guest for the corresponding cancellation amount pursuant to the cancellation conditions agreed between the Guest and Host. Rafleys shall also procure that the Payment Service Provider shall execute such reimbursements as well as executing the payment of the applicable service fee to Rafleys as stated above.

Cases of suspected fraud

If Rafleys has a good faith belief that Users are aiming to act or acts in a fraudulent manner to the detriment of the other Users, the Service, Rafleys or there is any other suspicion of criminal acts pursuant to the applicable Penal Code, Rafleys has the right to procure from the Payment Service Provider to hold all payments.

Rafleys shall order the Payment Service Provider to release any payments suspended when the Guests suspected for the fraudulent behaviour have been able to exonerate themselves.

Rafleys reserves the right to procure the Payment Service Provider to repay amounts already paid by the Guest, minus the applicable service fee including any applicable VAT for the processing of the fraud attempt.

Please note that Rafleys is under obligation to report any evidence of fraud, money laundering, or other criminal activity performed on the Site to the competent police authority.

Privacy

Rafleys collects and uses your personal information in accordance with Rafleys’ Privacy Policy.

The Content of the Site

Subject to your compliance with these Terms and Conditions, Rafleys grants you a limited, non-exclusive, non-transferable license, to access and view any Rafleys Content solely for your personal purposes and non-commercial purposes. You have no right to sublicense the license right granted in this Section.

The User warrants that he/she has the necessary rights to use the User Content that the User entries, uploads and thus publishes on the Site, either by being the sole and exclusive owner of all User Content that he/she makes available through the Site or that he/she has all rights and consents that are necessary to use the User Content on the Site and to grant Rafleys rights in such User Content in accordance with these Terms and Conditions.

The User grants to Rafleys a non-exclusive, worldwide, perpetual, and unrestricted license to freely dispose of the User Content, with the right to process, adapt, modify, store, copy and make it available to the public free of charge for the provision of the Services offered by Rafleys on the Site as available on the Internet and on mobile applications, that can be downloaded by your computer, mobile telephone or other devices.

The license granted also includes the right for Rafleys to use the User Content worldwide for the promotion of the Accommodation Profiles, , in print media of any kind, television, radio advertising (right of copying, dissemination, broadcasting, public rendition) and other online services and the right to process or redesign the User Content and the right to grant these rights to business partners of Rafleys.

For the avoidance of doubt, the profile picture and the name of the User may not be used for advertising of the Service, unless the User has explicitly agreed to this.

Rafleys reserves its right to delete certain User Content in its entirety or in part if the content is unlawful or is to be considered as forbidden content or forbidden activity.

The Users are forbidden to entry, upload or share User Content and engage in the following activities on the Site, including but not limited to: insults, false accusations, abusive criticism, other defamatory statements, statements and images prohibited under criminal law (such as images glorifying violence and war, racism, child or violent pornography or calls to commit criminal offences), any sexual content and depictions or those that are a danger to children and young people; publication of images on which persons can be recognised who have not given their consent to publication, de-anonymization of other users, usage of the Site for own commercial purposes that go beyond the actual purposes of this Site (unless Rafleys has provided its prior written consent), publication of personal data of third parties, usage of the Site for political or religious activity, sending of junk mails, chain letters or unrequested mass e-mails, spimming or spamming, the disruption, interruption or excessive use of the Services of Rafleys, the use of the User Account, username or password of other Users, use of mechanisms, software or other scripts in conjunction with the Site that could impair the function of the Site, blocking, overwriting or modifying the content generated by Rafleys, the usage of Rafleys ‘ Services in a manner that violates applicable laws and regulations. Please note that the examples included in this list are not exhaustive.

Access to the Site

In the event that a User breaches statutory regulations, rights of third parties or these Terms and Conditions, Rafleys reserves the right to warn the User, delete offers or other User Content of this User, restrict the usage of the Site for the User, to exclude (block) the User temporarily or definitively from using the Service entirely and/or initiate legal action.

Unless otherwise stated by the applicable law, Rafleys may in its own discretion choose how to address a User’s violation of these Terms and Conditions and of any applicable law.

If a User’s access to the Site has been blocked by Rafleys for reasons specified, this User may not circumvent such protective measures by registering a new User Account or to use the Services via another User’s User Account. For the avoidance of doubt, in case a User has been blocked from accessing the Site, the Agreement with Rafleys will remain in force until it is duly terminated.

Liability of the User

The User is fundamentally liable for all activities that are carried out using his or her User Account, unless the User is not responsible for the misuse of his or her User Account as he or she has not breached his or her obligations of due care.

Except as otherwise stated in these Terms and Conditions, the User agrees to indemnify and hold Rafleys harmless against any and all costs, damages, losses, and/or liability suffered by Rafleys (including reasonable legal fees and costs incurred in connection therewith) resulting from any breach by the User of these Terms and Conditions.

Limitation of Liability

Except for cases of intent or gross negligence, Rafleys is not liable for indirect damage such as, but not restricted to, lost profit, diminished production, business turnover, inability to fulfil obligations to third parties or loss of benefit of the Service or loss of data unless otherwise specifically agreed.

Rafleys ‘ liability for direct damages shall be restricted to direct damage that can be considered as typical and foreseeable.

Since Rafleys is not party to the RENTAL CONTRACT between the Host and Guest, Rafleys cannot assume any warranty and/or liability regarding the RENTAL CONTRACT.

As Rafleys is not the provider of the payment services to the Users on the Site, , Rafleys cannot assume any warranty and/or liability regarding the Payment Services provided by any third party.

Term and Termination

The Service will be provided at the date of the User’s completed registration, when these Terms and Conditions have been approved by the User by creating a User Account. The Agreement remains in force for an indefinite period of time, unless the Agreement is terminated as set out below.

Users may terminate his or her User Account at any time by deregistration from the Site, without stating a reason for the termination.

Rafleys may cancel, suspend or terminate the Service at any time by giving the User 30 days notice.

If there are outstanding payments to Rafleys, such as an unpaid service fee or Commission, the Agreement shall nevertheless not expire until all outstanding claims have been paid by the User in full.

Changes to the Terms and Conditions

Rafleys reserves the right to make changes to these Terms and Conditions. Any changes to the Terms and Conditions will have effect from the date of publication on the Site. Users will be notified of such changes ) via e-mail) when accessing the Site or ) when making or accepting a new booking request. We will also update the “Last updated date” at the top of these Terms and Conditions. As a User of Rafleys’ Services you are obliged to continuously keep yourself informed of the applicable Terms and Conditions.

For the avoidance of doubt, changes to the Terms and Conditions will not affect any Lease Agreements that have been concluded before such changes entered into effect nor will they apply to any transactions that were ongoing at the time of publication.

Should a User not give his or her consent to the changes of the Terms and Conditions Rafleys reserves the right to prevent the User from using the Service.

Final provisions

If the ownership of Rafleys ‘ business changes, Rafleys may transfer this Agreement to the new owners so they can continue to provide the Service. The new owner will still have to honour the commitments Rafleys have made in this Agreement.

If individual provisions of these Terms and Conditions, including this provision, should be or become invalid in their entirety or in part, the validity of the remaining provisions shall not be affected.

The Site and the services offered by Rafleys under these Terms and Conditions are construed by and operated under the laws of Spain, with the exclusion of its conflict of law rules, the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be finally settled by the courts of Spain. However, if You as a User are a private individual, you may always turn to the courts of your country of residence in case of any dispute.

Last updated: 07 April 2016