CubaGao.com website (hereinafter will be referred to as the "Web", "CubaGao" or "We"), is a service to our users and visitors. This service consists of an online platform for hosts and guests (as these terms are defined below) to contact, along with a number of resources and online information to facilitate and manage ads Hosts and reserves Guest stays in homes during trips to provide for hosts to guests as well as for sending or providing, where appropriate, emails or messaging services, online tools and functions to allow users to connect our website and conclude rental transactions relating to such housing (collectively, our "Service"), through www.cubagao.com.
1. Acceptance of the Terms.
3. Eligibility and Accounts.
4. Restrictions on the Account.
5. Contents of the Web.
6. Your Content.
7. Conditions of use of the hosts.
8. Specific conditions Guest.
9. Limitation of Liability.
10. Waiver of Liability and Compensation.
15. Law and Jurisdiction.
Note, however, that the legal contract for operations and rental housing provision granted between hosts and guests, and if you book a home to a host via the Web, you need to refer to, and It is bound by the confirmation and Booking Conditions that apply to the reserve with a host regarding payment, cancellation and other related matters.
1.2 We reserve the right, at our sole discretion, to change, modify or otherwise alter these conditions at any time. You should review these Terms periodically to keep abreast of any changes.
1.3 By using this site, you agree to the inclusion of new or revised conditions (including Conditions of the Reserve) on the Web and constitute an implied right to you of any revision and amendment notification. Use of the Service after any such changes or after explicitly accepted the terms by connecting with the Web will constitute your consent to such changes.
1.4 If there is any contradiction between any provision of this Spanish language version and a translated version shall prevail the provisions of this Spanish version. Any translated version of these Conditions will be included for illustrative purposes only.
You understand and agree that (i) the Web is simply a platform that allows you and other users (that is, hosts and guests) to contact rental operations and completion of the properties included in the Web and, consequently, that (II) CubaGao is not party to any rental transaction that is exempt from liability for such transactions or related thereto to the maximum extent legally permitted. CubaGao function is solely to facilitate the availability of the Web and the service to users and provide certain services related thereto. We are not engaged in buying, acquiring, to host, sell, furnish, provide, rent, sublicense, control or manage, nor can we engage on our behalf providing any vacation rental property by including the Web, or any other property including, among others, hotel rooms or any other transport service or related travel. We do not provide and can not provide such accommodation or such services to guests.
The website acts as a platform that allows registered hosts themselves offer and provide to the guests renting a particular property to enjoy their holidays in their properties. Hosts may own any rental housing even people (including professional estate agents) that have the authorization to agree to such operations or subscribe rental properties directly with guests. Therefore, we are not part of the effective operation of rent between hosts and guests and we are agents or representatives of any Host. Rental operations are only binding between host and participating guests, who are the sole and absolute responsibility for their compliance and CubaGao disclaims all liability arising from or in connection with such operations. We encourage users to contact each other directly regarding the rate or advertisements in the Web.
CubaGao performed on the Web any recommendation or promotion of any property advertised in the same, or any user of the Web and assume no responsibility regarding the status of any property advertised on the Web. For more information about our roles and responsibilities, see the Booking Conditions.
3. Eligibility and Accounts.
3.1 To register a User account (an "Account"), go to the Web and provide the requested information. When registering, You represent and warrant that (a) is eligible for an Account as provided in these Conditions, and (b) the information provided by you as part of the registration process is accurate and not misleading. Accounts may only be obtained and used by people over eighteen (18) years. Such persons may act on behalf of members of your group (if it were a group booking) and / or organization or entity if they were properly authorized. Note that you may see advertised on the Web away unregistered properties, but if you book a house or a post previously must register to create an account.
3.2 By creating an account, you will have access to the Service and the roles that we can establish and maintain at all times, in our sole discretion. At any time we can add, delete or modify some or all of the service provided free as part of the Account. We will notify you of any changes and give you the opportunity to continue using your account or resolve it. You may not transfer or share your account with anyone.
3.4 You agree to allow CubaGao contact you at your e-mail address or phone number to send personal communications relating to Your account, including, by way of illustration, reservation requests, reservation confirmations, notifications, promotions and updates. You can opt out of receiving future communications if deemed appropriate.
4. Restrictions on the Account.
4.1 You agree to use your Account only for personal use, and not to redistribute any of the content of this website. You agree to comply with all applicable laws regarding the use of, or access to, your Account. Any use of an account that includes (a) false, outdated or misleading conduct; (b) information that, in our sole discretion, deem unsuitable for our users (including, by way of illustration, data obscene, libelous, defamatory, unsuitable or similar information) or (c) information that violates the policies posted on the Web, It will be grounds for immediate termination of an account.
4.2 You may not distribute unsolicited commercial messages ("spam") through your Account, or perform any action that imposes an unreasonable or disproportionately large load on our infrastructure. At our option and without notice of any kind we may (or may our suppliers) use anti-spam technology that can eliminate without having been, or prevent him from reaching you messages Your messages. We expect all our members to behave in a respectful and professional manner at all times. Personal attacks, sending offensive messages ("flaming"), defamation and other forms of discourteous and unprofessional online conduct are grounds for suspension or immediate termination of the Account User cause of it, in our sole discretion.
5. Content of the page.
5.1 You understand and agree that any publication, reviews, message, text, file, image, photo, video, sound or other material ("Content") contained on, transmitted through, or linked to, the Service is responsible exclusive of the user who originated such Content.
5.2 The Web provides access unfiltered content. You understand and agree that the Web only acts as a platform and we are exempt from any liability with regard to the Content contained on the Web, whether arising under intellectual property laws, libel, privacy, obscenity or otherwise. We can not control or assume any obligation to control the content that is included. By its nature, the information on the page is changed frequently, may be inaccurate, and in some cases incorrect or fraudulently labeled. We make no representation or grant any warranty, express or implied, regarding the accuracy, timeliness or completeness of such information, nor do we undertake to verify, update or correct it. We recommend that you confirm that all the information obtained from the Web is accurate, complete and current. Either we make no representations or grant any warranty, express or implied, with respect to any information included by, or with applications, users. You agree that any agreement between You and the relevant person or entity will be exclusively under the terms negotiated and agreed between you and your partner, and he performed at your own risk.
5.3 CubaGao gives users a limited, revocable, nonexclusive license to access the Web, as applicable, advertise holiday rental properties for, to search, view or make valid questions to users about their interest in properties for rent specific holidays for your personal use, all in accordance with these Terms.
5.4 Any other use of the Web is prohibited. Importantly, this license does not include any right of collection, integration, copying, duplication, display or derivative use of the Web, nor any right to use extractors, robots, spiders or similar collection tools and data mining without our prior written consent; it being understood, however, that a limited exception to the above exclusion to be established search engines on the Internet for general purposes and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Web, as long as you carry out from a stable IP address or from a range of IP addresses using an easily identifiable agent. "Internet search engine for general purposes" does not include any Web search engine or other service that provides classified listings, property listings on holiday or any subgroup thereof, or those whose business is the provision of services Vacation rental properties.
6. Your Content.
6.1 While CubaGao not owned or controlled by any of the Content that you include, you agree that, with the inclusion of content on the Web, gives us automatically, and represent and warrant that you have the right to grant, an irrevocable, indefinite leave, not exclusive, fully paid and around the world, to use, copy, perform, display, adapt, modify, distribute, have the distribution and promotion of such Content, and to grant and authorize sublicenses of the foregoing. In addition, by including the Web Content, you automatically grant CubaGao all rights necessary to prohibit all added, display, copy or subsequent exploitation of the Web content by any third party any effects.
6.2 You are solely responsible for the Content or any other information you provide, distribute, add, include, link to, or otherwise is loaded in the Web ("Your Content"), and agree that only act as a transmission medium His passive distribution and publication of their content online. We reserve the right (but not the obligation) to adopt any measure relating to Your Content if we believe can generate ourself any responsibility, or may lead to loss of the services of our ISPs or other suppliers. You represent and warrant that Your Content and any content request received (directly or indirectly): (a) will not infringe any copyright or copyright, any patent, trademark, trade secret or other proprietary rights or publicity or privacy ; (b) does not violate any law or regulation; (c) shall not constitute a defamation or libel; (d) not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about you or any information about any third party; and (f) shall not contain any viruses, Trojan horse, worm, time bomb, canceling mail ("cancelbots") or any computer programming routine intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6.3 You understand and agree that CubaGao has no obligation to include any Content You or any third party. In addition, we may, in our sole discretion, edit, remove or delete any Content you include or present. In particular, we reserve the right to determine the design, layout and functionality of our Web end, which could involve the review, formatting and editing of such Content. In the event that you cause intentionally or negligently any loss or damage to CubaGao due to the design and positioning of such Content shall be liable to CubaGao, and you understand and agree to release CubaGao any liability for any loss or damage resulting from design or positioning of said content, unless such loss or damage was the result of negligence by CubaGao.
7. Conditions of use of the owners.
7.1 As a host, you can create or add listings and will be asked to answer a series of questions about the vacation rental property that intends to announce, including, among others, location, characteristics and availability of the property as well as the price and currency, and you can include certain conditions or requirements to be met by the guests as part of any potential rental operation announced. On the Web you can find additional information about adding those requirements. All properties must have valid to be included in the Web address. Your ads will appear on the Web and guests can book Your holiday rental property through the Web according to the information provided in the ad. You, and not CubaGao, will be solely responsible for determining the rental price and currency that will appear on your ad and any additional charges (eg cleaning costs, laundry etc.) to include or consider at that price (their "Host Fees"). You understand and agree that once a guest requests a reserve of Your published property, the rental price and currency that you have set for that reservation can not be modified. As host, you acknowledge and agree to be solely responsible for all property listings Your holiday rental on our website.
7.2 You warrant, represent and assumes that all ads have included on our website are available concerning accommodation in an existing property. If you are not the host of the property, warrant, represent and assumes that you have all the necessary rights, including, inter alia, the authorization of the Host to manage the property, including the creation of announcements concerning it and its offer for holiday rentals.
7.3 Under these conditions, if, as host, you added to the Web as a property available for rent, your use of the Web is a medium that allows you to connect or be contacted Users who can become a Guest the purpose of concluding a rental operation with you. Our Service to You as Host include support and assistance in publishing, marketing, promotion and advertising their properties on our website. However, and as mentioned above, we can not we will act in any way as an agent or contractor representative for you as host, or as a broker or insurer in any course, in relation to its rental operations that end with guests through the Web.
Our Service to You as a Host in connection with the provision of information and services email or messaging also included to assist in communications with guests through the Web; for example, at the reception, notification and referral to you of any booking request or questions submitted through the Web by a host, as well as the receipt and management of requests for cancellation by guests.
7.4 You acknowledge and agree that we do not understand that we act as a travel agent generally in relation to the provision of the Web or our service, or with respect to its operations effective rent concluded with guests as we are not part of these operations hire or acquire, resell or provide services of accommodation or travel on our own, as previously mentioned in Section 2. However, if as a matter of law or in the opinion of any taxing authority or other in any jurisdiction, CubaGao out or would be regarded as a travel agent in connection with participation or the provision of brokerage services in the provision of accommodation by hosts to guests under making reservations on our website, you You acknowledge and agree that, in such circumstances for the purposes of these Terms and rental operations, it is you who has concluded the operation with guests, and that the service provided by us to participate in the provision of accommodation included on our website and / or which is to facilitate or provide intermediation in the conclusion of such rental operations, it is a service provided to you, acting on your behalf and on their own as your agent or visible intermediary, and in no way on our own behalf, as we are not and we can not be a host. It may make any necessary amendments to these conditions as a result of the application of this provision or part thereof.
7.5 Our Service to You in connection with the provision and the reservation will not include the collection of deposits or additional charges guest and CubaGao not be responsible for the administration or the acceptance of any application or claim by You on such charges or payments, and is exempt from all responsibility in this regard. You should agree independently with guests such charges and expressly manifest in the publication of their properties that additional charges in the form of deposits or otherwise (for example, cleaning fees, security deposit and charges for exit after the agreed time) will be requested to Guest independently (for example, upon arrival or departure) if such charges are not included or find had been taken into account in its Host Fees.
7.6 However, note that, as Host, You are solely responsible for complying with booking confirmations sent to guests and the supply, availability and delivery to Host His properties advertised on the web, according to the terms, conditions, rules and restrictions that you have established and agreed with the Host. As host, you acknowledge and agree to be responsible for their own actions and omissions as well as acts and omissions of any person (other Guest or persons accompanying them) who resides in His rental property or otherwise it is present therein. Each owner is solely responsible for compliance with laws, rules and regulations, including any tax requirements and tax (see the following stipulation), and any conflict with the rights of third parties or breach thereof. Hosts recommend you hire an adequate insurance for their properties advertised on the Web.
7.7 Note also that You are solely responsible for determining the requirements on their tax returns in consultation with their tax advisors in your country. CubaGao can not provide and does not provide tax advice to any user of our website or our Service. Also, keep in mind that you are responsible for determining and / or pay all indirect taxes on similar sales and / or to consider include such taxes or fees in its Host.
7.8 Once registered as a user intending to host, you acknowledge and agree that CubaGao take, and who is entitled to assume that you are engaged in trading activity / it is a taxpayer for tax / effect performs economic and / or is discharged from the ONAT (Cuba), where data from your address you provided, unless and until CubaGao report and confirm to email or otherwise that activity are considered not It is engaged in trading activity etc. or ordinarily resides or spends most of his time in another country. As host, also acknowledge and agree that we may contact you to request (acting reasonably) data of the number registered in the ONAT (if any) or, otherwise, copies of tests or trade fair records, for example, contracts, business letterheads, an address for a Web business, advertising materials, certificates of tax authorities in each case, you provide or cause to be furnished pursuant to its authority or ability to do so. You can also accept a digital certificate from a reputed organization for this purpose.
7.9 If a guest request their published on our website through the same properties, you must confirm or reject the request of the Guest within 72 hours of it. Once this period has elapsed, the reservation request will expire automatically. If, as host, you confirm that your property is available and accepts and subsequently confirms the reservation of a Guest through our website, we will forward the relevant contact details of its host (including phone number), and send your contact information to the host. Once given the above contact information, all communications, including those related to data and information on the operation of rent should be made directly between you and your host through our website as they were supplied by our service in cases which is required / applicable.
7.10 In the event that you default on a reservation, you can lose yourself in CubaGao and enforce a penalty of up to one year without the right to re-register.
7.12 We reserve the right to cancel any booking at any time for security or protection against fraud.
8. Specific conditions Guest.
As a guest, in addition to these Conditions (including Clause 7 above), see, please, the Conditions of the Reserve, which provide additional information about the application process booking and payment Guest. Guest recommend carefully read the Booking Conditions, the summary page of booking and confirmation, particularly in relation to the cancellation policy selected by the corresponding Host.
9. Limitation of Liability.
Content or other material displayed on the Web are provided without any warranties or conditions regarding accuracy. In the extent legally permitted, we exclude this act: (a) All conditions, warranties and other terms which otherwise may be implied by statute, common law or in equity, and (b) any responsibility for any damage or direct, indirect or consequential loss incurred by any user in connection with the Website, any website linked to it, and any Content and other materials included therein, among which are loss of income, loss of business, profit loss or loss of contracts, loss of anticipated savings; data loss and loss of goodwill, has already been caused by tort (including negligence), breach of contract or otherwise, even though it has been predictable.
This does not affect our liability for death or personal injury arising from our negligence, our liability for fraud or any other liability which can not be excluded or limited under applicable law declaration.
While these conditions require users to provide accurate information (see previous 6 Clause according to their contents) and not try to confirm or confirm any alleged identity of users. You are responsible for determining the identity and eligibility of those with whom you contact through the Web or to allow access to their property advertised. We will not be responsible for any damage or injury resulting from Your interactions with other Users.
10. Waiver of Liability and Compensation.
10.1 IF YOU AGREE TO OUR WEBSITE AND / OR USE OUR SERVICE, YOU AGREE THAT ANY LEGAL ACTION OR LIABILITY arising for actions or omissions OF OTHER USERS OR THIRD PARTIES IS LIMITED TO A CLAIM AGAINST YOU, USERS OR THIRD PARTIES THAT HAVE SPECIFIC the prejudice, to the exclusion CUBAGAO TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In the event of a material breach by you of these Terms or the Terms of the Reserve, including, inter alia, fraud by You, we may: (a) terminate your access to our service, (b) disable or delete any of your accounts and all related information and files in such accounts as well as its content, and (c) prevent access to any of such files or Services. In addition, we reserve the right, at any time and without notice, to remove or disable access to listings of holiday rental properties on the Web that, in our sole discretion deem objectionable, or contrary violators of these Conditions or Terms of the reserve, or otherwise prejudicial to the Web and / or Service.
If any provision or portion thereof of this Agreement is declared unlawful, otherwise invalid or unenforceable form by any court or other competent authority, such provision or part thereof it will be deleted from these terms and the remaining contents of the same shall apply as if the provision or part of it illegal, void or unenforceable never have agreed.
You may not transfer any of its rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without the prior written consent.
15. Applicable Law and Jurisdiction.
15.1 These Terms and all matters arising from or relating to, the same (including non-contractual disputes or claims and their interpretation) will be governed by the laws of Spain to the extent that such laws are not invalidated by any law applicable mandatory compliance, such as local consumer protection laws that apply to you.
15.2 Any claim or dispute arising from, or relating to these Terms (including non-contractual disputes or claims and their interpretation) is subject to the non exclusive jurisdiction of the Spanish courts. If you are a consumer may choose to file a claim with the court or tribunal of his country.
Last update: January 2016.