TERMS AND CONDITIONS OF CONTRACT
Last updated 15/10/2020
I.- IDENTIFICATION OF THE CONTRACT PARTIES:
These terms and conditions are a legally binding contract and govern the conditions of access and use of the services provided remotely through the www.iberside.com website (hereinafter, “the platform”).
The iberside trademark, as well as the iberside.com and iberside.es domains, are owned by Glocal Saino, S.L. (hereinafter, “Glocal”), an entity with which you are going to contract and which is domiciled at Lugar de Cinconogueiras, nº15, 32150 – Peroxa, A (Ourense) and registered in the Commercial Register of Ourense (Volume 866, section 8, Folio 40, page OR-14945, first registration), being provided with the number of VAT ESB-32465080. You can contact Glocal via email at firstname.lastname@example.org or by phone at 34 653199535.
Some of the products or services that are contracted through the platform are provided by partners who are third-party service providers. In this case, iberside.com operates as a platform for collecting the services that partners offer to users. That is, Glocal receives payments from users and enters them into partners, acting as a mere intermediary in the payment.
You can access the data of each of these third-party services and/or product providers in the section of the website dedicated to partners (https://iberside.com/iberside-partners/) as well as on the purchase page of each product and/or service.
Users and customers of the platform will be natural or legal persons acting as consumers of their products and/or services. To purchase on the platform you will have to be registered and accept these terms and conditions, so all users and customers must read these conditions before making a purchase. It will be an indispensable requirement for clients, in the case of natural persons, who are over 18 years of age.
When a user contracts the provision of a service or acquires a product or service advertised through the platform, the partner providing the service or who sells the product subscribes to a contract that legally binds him with the user. That is, the contractual relationship will be maintained by the user with the partner and it will be this who will provide you with the invoice of the products and/or services contracted, after-sales care, as well as the guarantees of the service or product.
These terms and conditions apply to the acquisition of all items and services that Glocal advertises through the website https://iberside.com/ Most of the services are provided online. The delivery of physical products will only be made in Spanish territory.
Besides, the terms and conditions also govern the commercial relationship that occurs between Glocal and its partners, who are third-party suppliers of products and services that are made available to users through the platform. Glocal may charge partners a fee for their use of the platform. This fee will be communicated to the partner before the concertation of the service. Glocal reserves the right to change service fees that apply to partners at any time. This will be notified before the new tariffs come into force. Changes will not affect previously contracted services.
III.- ACCOUNT REGISTRATION
To access and use the website, users and partners must register for an account. To do this they must be of legal age or, in the case of partners, have a company, organization, or other legally constituted entity that has the capacity and legal power to enter into a contract.
The platform assumes no responsibility for the identity confirmation of any member. The platform reserves the right to cancel a user’s access account if it detects fraudulent, speculative or bad faith acts in the use of the service.
To register an account the user can follow two ways: through the “Registration” section where you will be asked to enter the details of a username, an email and a password; or through the process of purchasing any of the products or services offered by the platform. In this case, before completing the purchase process, the user who is not logged in to the platform will be asked to provide a first name, last name and email address. Once this data has been entered, the user will be sent an email informing them of the creation of the new account, as well as the username they have used and an automatically generated password that can be changed from their user profile.
The information provided when registering must be truthful and current. The user will be solely responsible for maintaining the confidentiality and security of the account’s credentials. You must also immediately inform the platform if you become aware of or have reason to suspect that your credentials have been stolen, lost, misappropriated or threatened in any way, or unauthorized use of or suspected unauthorized account use. If the users do not report the unauthorized use or loss of their credentials, their will be responsible for any activities carried out through your account.
Platform members can create, upload, publish, send, store, or receive content such as text, photos, audio, video, and other material and information. They can also access and view the content of other members. In these activities, each member must respect copyright, trademark and other intellectual property rights. In this sense, no watermark, sign or notice of intellectual or industrial property rights that are integrated into the contents that are published may be deleted, altered or hidden and, where appropriate, mention should be made of the author of the content or the owner of the intellectual or industrial property rights.
Concerning to the content of each member of the platform that is uploaded or made available through the platform, the user grants Glocal, by making it public through the platform, a non-exclusive, international, royalty-free, sublicensed and transferable license to access, use, disseminate, edit, publish or otherwise way of exploitation to promote the platform through any environment and, in particular, through the Internet and Social Networks. In any case, the member will remain the owner of the content that has been generated and published through the platform, so they can use or exploit it as desired in other platforms or environments.
IV.- PROHIBITED ACTIVITIES
About the use of the platform, the user will not be able to perform the following actions:
- Use the content posted on the platform for any commercial or another purpose that is not expressly contemplated in these terms and conditions, or in a way that in any way deceives any third party as to the relationship that the user has with the platform.
- Copy, store or otherwise access or use any information, including personal information about any other user contained on the platform, or otherwise violate the privacy rights of users or third parties.
- Use the platform for commercial purposes or to the distribution of unwanted commercial messages (“spam”);
- Offer accommodation options as a partner of the platform, when you do not own or have the right or permission to make available the property.
- Request, accept or make any payment of additional fees or price for services rendered or contracted through the platform above those advertised. If you make the payment of such a request you should know that you assume all risks and responsibilities that may arise with exemption from any liability to the platform for such payment.
- Discriminate or harass people based on race, national origin, religion, sex, gender identity, physical or mental disability, medical status, marital status, age or sexual orientation, or otherwise adopt violent, harmful, abusive or disruptive behaviour.
- Use, display or reflect elements of the platform, use in“iframes” any of its pages or part of them, the trade name, logo or other information subject to property rights, without the express consent of the platform.
- Damage the image of the platform, using the trademark in an unauthorized manner to advertise similar products or services, or violating the rights that protect the use of the domain, trade names, trademarks or other identifiers, imitating them for promotional campaigns so similar to them that they induce confusion.
- Use bots, web spiders, webworms, web scrapers and other automatic means or processes to access, collect data and other content from the platform for any purpose, as well as violate, disable, decode, or attempt in any way to circumvent the technological measures of protection of the platform.
- Infringing or violating the rights of another person or harming others in any way.
V.- CONTROL OF THE CONTENTS OF THE PLATFORM
The platform is under no obligation to actively monitor content uploaded to it by users or partners. However, these contents may be reviewed and modified, and the user or partner may be deactivated from accessing the platform, all for the following purposes:
- Protect the platform or improve its security.
- Ensure compliance with the terms and conditions governing the relationship between users and partners with the platform.
- Comply with current legislation or any injunction, law enforcement or administrative bodies that are binding.
- React to the content of any user or partner that may be harmful or offensive.
Users and partners agree to cooperate and assist the platform in good faith, as well as provide you with information and take reasonable action concerning to any investigations undertaken in connection with the use or abuse of the platform.
If you believe that any user or partner with which you interact through the platform is acting or has acted inappropriately, you adopt offensive, violent or sexually inappropriate behaviour; or suspects that you may have committed a crime, you must immediately inform the relevant authorities, and, also, the platform. You may contact us via email email@example.com. You agree that whatever notice you make won´t require us to take action (except as required by law).
VI.- PERIOD OF VALIDITY OF THE CONTRACTUAL RELATIONSHIP
The contractual relationship between Glocal and the partner will be in force until one of the two parties requests termination of the contract. The partner may terminate the contract at any time by sending an email to the following address: firstname.lastname@example.org.
The contractual relationship between Glocal and the users will remain from the time the user requests the provision of any service or the delivery of any product and until the provision is made or the product is delivered. Besides, the user may also terminate the contract and request that his/her account be deleted and that the data of his/her property on the social network be deleted or delivered at any time. To do this you will need to send an email to the following address: email@example.com. At the time of cancellation, all reservations that the user has confirmed will be automatically cancelled and any refund will depend on the terms of the cancellation policy.
The platform may terminate this agreement at its convenience, at any time, with thirty (30) days’ notice sent by email to the email address registered by the user or partner.
Besides, the platform may also terminate this contract and/or prevent access to any user or partner, immediately and without prior notice, in the following cases:
- Non-compliance with the obligations of the partner or user.
- Violation of any law, regulations or rights of third parties that apply to the user or partner.
- Fraudulent behaviour, abuse of the right or any conduct or action detrimental to the platform or its members or third parties.
VII.- LIMITATIONS, SUSPENSION OF USE AND OTHER MEASURES
In the following cases:
- if necessary to comply with applicable law, with a court order, of law enforcement, or administrative authority;
- if the user or partner has breached these terms and conditions or any regulations or provisions that apply to him/her;
- where inaccurate, incomplete or fraudulent information has been provided or identity has been simulated;
- where quality criteria are not met or the service is not provided is provided incompletely or inappropriately by a partner;
- when negative ratings or evaluations are received on an ongoing basis, complaints are received about how the service is provided or the product is served or about how the user or partner behaves or acts;
- when contracted or confirmed service reservations are repeatedly cancelled by partners, or no service requests are answered for no reason justified;
- to prevent fraud and other illegal activities
The platform reserves the right to:
- Deny display, delete, or delay any user evaluation, rating, comment, and other content.
- Withdraw the advertised event or service or cancel any pending or confirmed bookings;
- Limit or prevent access to or use of the platform;
- Suspend the user or partner’s account on the platform, either temporarily or, in case of a serious or repeated breach, permanently.
The platform will communicate to users and/or partners the minor breaches it detects, as well as the measures are taken, thus giving it the opportunity to solve the problem in a friendly manner.
If it is necessary to take some of the measures described above, the platform may refund users the total amount paid for all confirmed bookings, regardless of any preexisting cancellation policy. In this case, the partner will not be compensated for confirmed or outstanding bookings that are cancelled.
VIII.- LIABILITY AND INDEMNIFICATION
The platform is responsible for intentional and negligent actions as well as for any breaches of contractual obligations that are committed by our staff, managers or legal representatives.
By way of example and not limited to, if it is permitted by applicable law, users and partners agree to exempt and discharge from liability to the platform against any claims, liability, damages, losses and expenses in any way related to:
- Failure by the user or partner to comply with these terms and conditions
- Misuse of the platform or any of its services
- Cancellations made out of time by users. In this case, the platform will not be responsible for returning the amounts paid.
- Of the delays and omissions committed by users when it comes to the provision of a service, with the consequent loss of the reservation.
- From the refusal of the partner to allow access to certain activity to a user, for not carrying with him the documentation of the reservation, or for not attending the circumstances necessary to provide the service properly or in safety conditions.
- From the agreements or activities that users perform on their own and as a result of intercom with other users or partners that they may maintain through or off the platform
- Any damages and thefts, injuries, accidents, losses or compensation for damages of any kind arising in connection with, or as a result of carrying out the activities that users contract through the platform
- Of the damages that may occur the meteor conditions that occur at the time of carrying out any of the activities contractable through the platform.
- The quality and adequacy of the contracted service, as well as the complaints that originate from it, which must be managed with the partner organizing the service.
- Violation by the user or partner of any laws, regulations or rights of third-parties.
IX.- RELATIONSHIP WITH PARTNERS, WARRANTY OF SERVICE
When a partner uses the platform to sell their products or services, they must provide complete and accurate information about their product or service, communicate any restrictions or requirements that may be relevant to their enjoyment, as well as provide all relevant information requested to them.
The partner is responsible for keeping the product or service information (including date availability), pricing and other charges necessary for your contracting up-to-date at all times.
Glocal does not guarantee the quality, security or suitability of announcements of events, accommodations, courses or online classes published through the platform on which the organizer, host or training entity is a partner. Nor is it responsible for the veracity and accuracy of the descriptions of such events, accommodation, courses or classes, as well as the comments or criticisms that are poured on them. Glocal does not endorse any member registered through its platform, therefore it is not responsible for the identity or reliability of its manifestations or the security of its acts or proposals. The user must always exercise due diligence and attention when deciding to share information with a third-party through the platform, or if he/she decides to attend any event, accommodation or receive an online class or attend a course offered by third-parties. Under no circumstances may the user of the platform be required to assume a higher price than the one that is advertised through the platform.
Partners must agree that the platform will take action to increase their exposure using elements of their service advertisements, either through the website itself or through emails, online or offline advertising, as well as on third-party websites.
X.- INTERRUPTIONS OF THE SERVICE AND AVAILABILITY OF THE PLATFORM
Glocal is not responsible for interruptions in Internet service or telecommunications infrastructure that are beyond its control and may cause disruptions to the availability of your platform.
In addition, the availability of the platform or certain sections or functionalities of the platform may be temporarily restricted where necessary. This is the case, for example, for maintenance, capacity limits, for security reasons or to ensure the integrity of the servers.
XI.- CANCELLATIONS AND REFUNDS
Each of the services offered by the platform has a specific cancellation policy. The user can consult the cancellation policy applicable to each service on its descriptive page, where the cancellation deadlines will be set, the cases in which they take place and whether there is any type of penalty or not.
The partner who has advertised service may cancel it if there are justified circumstances of force majeure or circumstances that prevent its development safely and that advise its cancellation.
The user may request the cancellation of any service or order by sending an email firstname.lastname@example.org requesting cancellation and refund. In this case, within a maximum period of 72 hours, the platform administrator will contact the user, through the email registered on the platform, to specify whether or not the refund proceeds and under what conditions it will be made. In any case, the refund or issuance of the discount coupon for its amount must be made within 14 days from receipt of the cancellation and refund request email.
In case of cancellation, it is up exclusively to the partner to pay the costs and make the refund to all users who have booked a place. Besides, the platform is empowered to exercise the right to claim against the organizer. The user may be given the option to receive a refund of the amounts they have paid or the inclusion of such amounts in discount coupons to enjoy the services at a later time.
According to the Consolidated Text of the Spanish General Law for the Defense of Consumers and Users (TRLGDCU), customers shall have the right to withdraw the contract without justifying such a decision and without penalty of any kind, within 14 calendar days of receipt of the goods by the customer or the order of the service. To do this, you must send the withdrawal form to the following email address: email@example.com, putting in the subject line RETURN followed by the order number.
Once the withdrawal form has been received, Glocal team will contact the user within 72 hours to give instructions on how to make the return.
The withdrawal will not imply any cost to the customer, Glocal will refund the corresponding amount within a maximum period of 14 calendar days from the date of receipt of the withdrawal form. The refund will be in the same way as the down payment was received.
If the withdrawal occurs concerning a service delivery operation, the user will have lost his right of withdrawal if the service has been fully executed or when the execution has begun.
If the withdrawal occurs concerning a product purchase transaction, the following rules apply:
- Glocal may stop the refund until the goods are received.
- Glocal will refund the corresponding amount, including shipping costs corresponding to the initial delivery without undue delay. This will have an exception: additional costs resulting when the users choose a delivery method more expensive then delivery offered to him to make the return.
- The user will only be responsible for the decrease in the value of the goods as a result of handling it different from that necessary to establish its nature, its characteristics or operation.
- Once the returned and proven goods have been received in perfect condition, the amount will be refunded, which will be made with the same form of payment with which it was paid.
XIII.- WITHDRAWAL FORM:
To exercise the right of withdrawal, the user may use this form model:
Attention Glocal Saino, SL with VAT ESB-32465080 and address at Lugar de Cinconogueiras, 15, 32150, A Peroxa, Ourense, Spain.
Mr./Mrs.________________________________________________, of legal age, with ID nº _________________(of which copy is attached) and address at _____________________________________________I hereby make it known to you that I desist from my contract formalized on date __________________________
If you would like to provide us with any other additional information, you can do so below:
SIGNATURE (If the paper form is delivered):
XIV.- FORM OF PAYMENT AND GUARANTEE OF SECURE PAYMENT:
Payment for products and services offered by the platform may be made:
(a)By credit card:
The customer can choose the payment by credit card at the time of placing the order, being the payment process made immediately.
When you select PayPal as your payment method, another page will open in the browser. You will need to log in to PayPal, select any of the payment methods that are set up, continue and confirm the payment method after accepting PayPal policies. The platform will only process the purchase once PayPal has authorized payment of the total amount.
The payment system is made in a secure environment as it allows encryption of the information transmitted during the transaction. In this way, the confidentiality of this is ensured.
To make the necessary arrangements as soon as possible, the user must notify Glocal of any improper or fraudulent charges on the credit card that he has used for the purchase through the platform.
XV.- ASSESSMENTS AND COMMENTS
Users who, through the platform, participate in any service or purchase any product, will be able to leave a critical evaluation of the product or experience, as well as evaluate it with stars ranging from 1 to 5 stars. Ratings and assessments reflect the views of community members on an individual basis. Glocal does not verify the accuracy of reviews and comments, which could be incorrect or misleading.
At all times, assessments and evaluations must maintain a correct and constructive tone, without containing offensive or insulting expressions.
It is not allowed to pervert the system of valuations and evaluations, for example by hiring or requesting third-parties to write comments or make positive or negative assessments about a product or service.
After sending a product or terminating the user’s participation in any event, course or class, or after the termination of the stay in the accommodation, users who have enjoyed the service or who have purchased the product will be sent an email reminder of the possibility of making the evaluation on the product or service, as well as making a comment.
Glocal reserves the right to select comments and evaluations that will be made public through the platform.
XVI.- DESCRIPTION OF THE PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM
1.-Types of events:
The platform allows you to advertise events that users can attend. Glocal´s role is limited to contacting users and event organizers through the platform. The user, when he formalizes a reservation of an event, establishes a direct relationship with the organizer of the event. In this relationship, Glocal’s role is to be a mere intermediary between the user and the organizer, limiting himself to transmitting the reservation details to the organizer and confirming the reservation with the user on behalf of the organizer, as well as to make intermediation in the payment.
The information about each of the events displayed on the platform is based on the information provided by the organizers. In any case, the events, which may be of various formats (private parties, excursions, outdoor activities, the practice of some sport, reunions of linguistic exchange in the public sites -restaurants, cafes, libraries- or a private one, etc…) and be free or paid.
Payment events must have the following characteristics to be approved and marketed through the platform:
- The event may not last more than 24 hours.
- The organizer may not offer events that include the combined offer of any of the following services:
- Accommodation or stay service.
- Passenger shuttle service.
- The organizer may not offer events that involve the sale of a tourist package understood as a set of tourist services (maintenance, accommodation, transport…) previously scheduled.
The free event generated will need the platform’s approval to be published. The user will receive an email confirming that the generated event has been received by the platform and is pending approval or processing and, where appropriate, confirming that the event has been approved.
Once the event is published, any other user can book their support through the platform. The user in no case will have to pay to attend the free events but must be registered on the platform and logged in to make a reservation. If you are not registered, at the time of completing the purchase process you will be asked to complete a form in which you must include your first and last name and an email. Then you will be informed by mail you that an account has been registered on the platform, your username and an automatically generated password that you can change from your profile.
The user can check in the shopping cart the data of the event for which he requests reservation, that the event is free, date and duration. Once the reservation has been made for the event, the user will receive an email confirming the reservation with a summary of the reservation details. Then you will receive three reminders emails of the event: the first, one day before the designated time for the event, the second, when 3 hours are missing, and the third, within one hour of the event being held.
Free events can be sponsored by third-party vendors, partners, collaborators or any entity. This sponsorship will require the prior agreement between the advertiser and Glocal, but not of the user who created the event. Glocal may ask the promoter to pay any fee for the advertising activity of sponsorship of the event published on the platform.
Partners or third-party service or product providers may create events that will require pass permission. Such events will require a commercial agreement between Glocal and the third-party interested in organizing it.
Users will be able to book their tickets to attend events that are published through the platform, as well as pay the tickets for paid events. To purchase tickets, users must be registered on the platform and logged in. If not, at the time of completing the purchase process they will be asked to complete a form in which they must include their first and last name and an email. Then, The platform will send you an email informing you that an account has been registered on the platform, your username and an automatically generated password that you can change from your profile.
Once the reservation has been made for the event, the user will receive an email confirming the reservation with a summary of the reservation. You will then receive three emails reminders of the event: the first, one day before the designated time for the event, the second, when 3 hours are missing, and the third, within one hour of the event being held.
To advertise an event on the platform, you must complete the event creation form. The event that is generated must meet the platform quality standards, which are summarized in the following points:
- Veracity: the organizer of the event must complete the sections of the announcement of the event respecting the truth in the data provided, must be truthful information. It is mandatory, where appropriate, to incorporate the following information into the events that are organized:
- Any risks that need to be known in the development of the event.
- Any requirement to be able to participate as well as any other element that users must know to participate safely in the event (physical form, training, driving permits, for example-, dress code…)
- Compliance: the organizer of the event must develop the event in the form and deadlines in which it is announced, not being able to cancel it unless caused by proven force majeure.
- Direct intervention: the organizer of an event must participate actively and directly in it, carrying out the activity under his supervision and responsibility.
- Ratings: Events that are organized and received poor ratings or negative reviews, as well as low or no participation may be removed from the platform.
It is understood that an event receives poor assessments when any of these circumstances occur:
- Event with 10 reviews or less receiving more than 2 reviews of 1, 2 or 3 stars.
- Event with more than 10 reviews that has an average rating of 3 stars or lower.
In any case, when the user or partner who creates an event receives a negative comment or if that event could be eliminated for bad ratings, the platform administrator will contact him or her to clarify what standards and criteria are followed and provide the partners with information that can help them to improve.
- Participatory format: Events should leave a space for interaction between participants where they can deploy a language immersion activity.
- Respectful of intellectual property rights: Event organizers may not use third-party material such as music, books, videos, or other works with copyrighted content unless they have the necessary rights, licenses and permissions.
- Privacy-friendly: It is not allowed to record event sessions in audio or video, take or share photos or take screenshots in the case of online events without the permission of all participants. It is also not permitted to collect or request contact details or personal information to identify participants (e.g. email addresses, telephone numbers, physical addresses, or locations).
- Targeting an audience of legal age: It is not allowed to organize events aimed at children or using minors in the development of events, both in the organization and participation part.
Events that do not meet these standards may be removed from the platform.
5.-Attendance at events
The user must review the description of any event before making a reservation. Therefore, you must ensure that you meet the requirements requested to participate (minimum age, fitness, fitness…). Before and during the event, the organizer’s instructions must be respected at all times. The user must be responsible for his/her punctuality when attending the events for which he/she has a reservation.
The conditions of each event, as well as the date, place, time, duration and other information to attend it, will be specified on the description page of each event, as well as in the confirmation email. This information is referencing to the concurrent conditions at the time of the event and may undergo variations depending on the development of the events.
The confirmation email provides supporting documentation of the existence of the reservation. The user must present this email to the organizer of the event when this has been established in the conditions of access. The platform will not assume any responsibility if the user does not submit documentation to the organizer.
Events cannot be brought to another additional person who was hired for assistance unless you had hired a place to attend it through the platform.
If any mishap or an unforeseen event occurs at the time of the event, or any questions or doubts that may arise, or for any claim or complaint, users may contact the event organizer via the telephone and/or email address that appears on the event page.
6.-Responsibility of the organizers:
Only event organizers are responsible for the events they organize. Glocal is not an operator or provider of activities, excursions or trips, therefore it does not provide, resell, manage or control events that are published by third-parties on its platform. Glocal’s liability is limited to contacting users of its platform with other users or third party suppliers of products or services.
The organizer of the event is responsible for acquiring all the material elements and supplies necessary for its correct development, as well as, where appropriate, the relevant insurance. Besides, the organizer will be responsible for the event being held in the safety conditions and complying with all regulations that affect you, therefore the organizer is responsible for:
- Understand and comply with all laws, rules and regulations that may apply to the event.
- Obtain any license or permission that were necessary.
- Personally respond to violations of the rules incurred by third parties that are subcontracted.
7.-Withdrawal and cancellation
Concerning to withdrawal and cancellation, the provisions of clauses XI, XII and XIII of these terms and conditions will be applied.
1.-Description of the service
The platform offers the possibility for users to find accommodation solutions for their language immersion stays in Spain. The accommodation methods offered are host families and apartment rental. The platform does not act as a travel retailer or as a reservation center for hotels but acts as an intermediary in the conclusion of private rental operations between users and owners or other people with the capacity to lease. Moreover, Glocal also can offer accommodation solutions in real estate on which Glocal has concluded operations that allow Glocal to have the power to make available the use in favour of users.
The relationship between the user and Glocal or between the user and the third-party provider of accommodation services will be ruled by the regulations governing the urban lease and, where appropriate, by the administrative regulations governing the making available of tourist apartments for short stays.
Anyone wishing to publish accommodation through the platform will be solely responsible for identifying and obtaining the licenses, permissions or records necessary to carry out their activity.
Besides, they must comply with contracts affecting the property and another which have been concluded with third-parties(e.g. with the community of owners or with the owner).
In addition, the hosts must comply with all applicable, general and sectoral laws, as well as comply with all tax requirements and other regulations applicable to the lodging service or accommodation solution they offer.
The hosts will be responsible for third-party complaints, including complaints from their guests, related to the host activity.
When a user hires accommodation through the platform, they are accepting:
- That the rental agreement has a limited duration in time, during which the user can occupy and use the accommodation. The host retains the right to access the property with the conditions and requirements established in the applicable regulations.
- That the user must leave the accommodation on the day and time indicated or at which it is agreed by common agreement with the host.
- That when a user makes a reservation on behalf of other additional users, they will be obliged to ensure that each of them meets the requirements established by the service provider and that he is knowledgeable and accepts the terms and conditions that apply to them.
- That minors who access the property must do so accompanied by an adult who is responsible for them.
The user can make the reservation for his stay at the accommodation, as well as pay the stay, through the booking process of the platform. To do this, you will have to go to the property page, select the start and end dates of your stay and the number of guests who will stay and request the reservation. For do that, users must be registered on the platform and logged in. If not, at the time of completing the purchase process they will be asked to complete a form in which they must include their first and last name and an email. Then you will receive an email informing you that an account has been registered on the platform, your username and an automatically generated password that you can change from your profile.
Booking is not automatic and requires confirmation from the platform administrator. The user will receive an email notifying him that the reservation has been received correctly, as well as, where appropriate, that the reservation is in the processing phase. Once the reservation is confirmed, the user will receive a confirmation email with a summary of the purchase that he/she has made. You will then receive three emails of your reservation: the first, one day before the designated time to start your stay at the property, the second, when 3 hours are missing, and the third, one hour before the set time to check-in at the property.
5.-Claim for damages
The user who stays in a property offered through the platform is responsible for not causing damage to it and leaving it in the same state in which he received it. Each user is responsible for their acts and omissions and also for the acts and omissions of any persons they invite or provide access to the accommodation.
If any host claims for damages through the platform, the user will have the opportunity to answer it. All users and hosts of the platform agree to cooperate in good faith in finding reasonable solutions about claims for damages. The communication of claims may be made by sending an email to the firstname.lastname@example.org@iberside.com.
Service providers are solely responsible for determining their tax obligations, as well as the settlement of their taxes and including them in the offers of their services.
Tax regulations may require the platform to collect tax information from users and hosts or to hold back taxes from payments made through it.
The platform is not responsible for a participant user’s failure to comply with their tax or tax payment obligations.
7.-Withdrawal and cancellation
In general, about these issues, the provisions of clauses XI, XII and XIII of these terms and conditions will rule.
In particular, for this type of service, the page of each property will include the applicable cancellation policy. Unless otherwise provided, the general rule regarding cancellations will be that the users can cancel their reservation up to 14 days before 12:00 PM on the day of arrival. If the reservation is made 14 days or less before arrival, cancellation is free within 48 hours of booking, up to 5 days before arrival. After this period, the users can cancel up to 24 hours before arrival, but 50% of the total amount will be charged. There will be no refund if the users cancel 24 hours or less before the arrival time or if the users arrive and decide to leave the accommodation in advance at the end of the stay period.
The host who has announced an accommodation may cancel the service, proceeding to the reimbursement of the amounts received, if there are justified circumstances of force majeure or circumstances that prevent the development of the service safely and that advise its cancellation.
If the refund is due, this refund may be made using the same system by which the payment was made, or by including the amounts to be disbursed in discount coupons to enjoy the accommodation at another time.
1.-Description of the service:
The platform offers the possibility to take Spanish online courses for non-Spanish speakers.
The courses will be able to obey various topics and will be divided into lessons containing written or audiovisual material on which various evaluation questions will be asked.
Each course will have its configuration regarding the attempts that the student has to finish it, specific time to be able to be performed, as well as its evaluation dynamics.
2.- Booking process:
Courses can be paid for or free of charge. In any case, before signing up for a course or hiring it, the student will be able to see a summary of the course theme, the parts in which it is divided and who the instructor is.
To sign up for a free course or to hire a paid course, the student must be registered and logged in to the platform. If not, before completing the purchase process of the course, the user will be required to complete a form in which you must include your first and last name and an email. Then, the user will receive an email informing that an account has been registered on the platform, the username and an automatically generated password that the user can change from his/her profile.
Courses booking is not automatic and will require the confirmation from the platform administrator. The user will receive an email notifying him that the reservation has been received correctly, as well as, where appropriate, that the reservation is in the processing phase. Once the reservation is confirmed, the user will receive a confirmation email with a summary of the purchase that he/she has made.
Upon completion of the course, the user will receive an email notifying them that he/she have completed the course successfully and the pointing he/she has obtained according to the evaluation system that applies to the course.
3.-Withdrawal and cancellation
About withdrawal and cancellation, will rule the provisions of clauses XI, XII and XIII of these terms and conditions.
D.- ONLINE CLASSES
1.-Description of the service
The platform provides various resources for the practice of conversations in Spanish online. Within the category called e-conversations, the platform offers video conferencing channels for language practice under various formats:
- Free services:
- Cyberchat: free connection for groups of up to 10 people to speak in a relaxed way in non-academic environments.
- Open Class: Free connection with a class of up to 5 participants and 1hour duration in which the user can participate as a listener and check what the dynamics of an online class look like.
- Paid service
- Conversation club: payment connection to attend a class taught by a Spanish teacher for one hour to a maximum of 5 participants.
- Spanish coach: paid connection to attend a one to one class taught by a Spanish teacher for one hour.
To hire one of the online classes taught on the platform, whatever the modality is chosen, the student will have to complete the booking process. In this way, we can limit the number of attendees to each session.
The student must be registered and logged in to the platform. Otherwise, before completing the booking or purchase process you will be required to complete a form in which you must include your first and last name and an email. Then you will receive an email informing you that an account has been registered on the platform, your username and an automatically generated password that you can change from your profile.
3.-Withdrawal and cancellation
About withdrawal and cancellation, will rule clauses XI, XII and XIII of these terms and conditions.
1.-Description of the service
Products can be purchased through the online store on the platform. These products may be virtual (such as e-books) or physical.
The user will be able to see the characteristics of each product at the description page. Product prices will be reflected in the I.V.A.-included virtual store. Products that are not available through the website will not have the price. In this case, users will be able to make the query via email email@example.com and if they want to purchase, the platform will tell them the purchase process via email.
No user may formalize a purchase of a product through the platform if it is not previously registered and logged in. Otherwise, before completing the booking or purchase process the users will be required to complete a form in which they must include their first and last name and an email. Then the user will receive an email informing them that an account has been registered on the platform, their username and an automatically generated password that they can change from their profile.
3.- Delivery times
In the case of purchase of virtual products, delivery is automatic. The user will be able to download the product immediately from the link that will be provided in the purchase confirmation email or from their user panel.
If physical products are purchased, the delivery times will be 2 to 7 working days from the order confirmation. The delivery times will depend on the availability of each product and the origin of the shipment, but in no case will exceed 30 calendar days from the completion of the purchase.
The user will have a period of 72 hours from the receipt of the goods to check the integrity of all the components of the order and to verify that everything requested in the order is included. An order will be deemed delivered at the time the user signs the delivery receipt, after 72 hours we will consider that the shipment is accepted and no claims will be accepted for damages or failures with the shipment
In case of receiving a product damaged by transport, it must be indicated on the carrier’s packing slip. Once the claim has been made, Glocal will take care of the collection of the defective product, proceeding to the shipment of another in perfect condition at no additional cost to the customer, once the damaged item is received.
4.- Shipping costs
For the peninsula, the shipping costs will be 6 euros fixed cost. For shipments to the islands, Ceuta and Melilla, it will be 9 euros.
5.-Withdrawal and cancellation
About withdrawal and cancellation, Will rule the clauses XI, XII and XIII of these terms and conditions.
1.-Description of service
The platform makes available to its users an employment exchange in which they can apply as candidates for different jobs offered by various entities. This service is free for the users.
2.-Mode of use of the service
Any user may apply for a job advertised on the platform. Therefore, it will not be necessary to be registered, nor to be logged in; and by applying for a position, the user also does not acquire the status of a member of the iberside community.
To apply for a job, the user will need to provide a first and last name, a telephone number, email address, a brief explanation of their interest in the position as a cover letter, in addition to attaching their resume. The platform will send an email confirming receipt of the user’s resume. Besides, you will contact the job applicant for successive interviews or to let you know that you have been selected.
3.- Legal requirements to work in Spain
If one user of the platform is accepted for an offer, both the user and the contractor must comply with their legal, tax and security obligations.
Users and recruiters are solely responsible for ensuring compliance with the legal requirements of legal residence in the place where they are going to perform the work, work permit and other tax or national insurance conditions that are required. Glocal assumes no responsibility for the breach of legal requirements that are mandatory to the contract signed by the user and the contractor. Glocal limits its participation to being an intermediary.
Glocal also assumes no responsibility for the lack of veracity, inaccuracies or other defects that may contain the job’s descriptive information, or the information contained in the resumes and cover letters sent by the candidates.
XVII.- DISCOUNT PRICES AND COUPONS
The prices of each product and service are specified on each of the pages that refer to them and on which their characteristics are advertised. All prices are expressed in Euros.
All products and services must be paid at the time of booking or requesting the purchase. In some cases, completion of the purchase or contracting process will be needed confirmation. In these cases, the operation may be considered completed when the user receives the confirmation email. In this email, the price of the contracted service or purchased product will be confirmed and the user will be able to access the purchase documentation. When the services are provided by partners or third-party suppliers of products or services, the platform will provide a purchase receipt. This purchase receipt cannot be considered the invoice corresponding to the contracting of the services. The user will be able to request the invoice from the partner or third-party service provider, once the reservation or purchase is made, by email sent to the partner or to firstname.lastname@example.org.
- a) General discount policy:
The platform has a general discount policy that allows the classification of users into the following categories:
1.-Basic user: is the one who can enjoy the products and services offered by the platform at the prices published without applying discounts.
2.-Ibersiders: are users who have completed their user profile data on the social network, at least, up to 70% (fulfil 7 or over of the 10 sections of the personal information profile requirements). These users will be able to benefit from discounts of 10% over general prices published by the platform. To be an ibersider you must get the following requirements:
- Have a user account where, al least, up to 70% of the required data has been completed.
- The user must request to be included in the ibersider category. To do this, you will need to send a request email to email@example.com
- The platform has to approve the application. In any case, the refusals to acquire ibersider status will be justified by explaining the reasons why the request is rejected (not having completed the information, being non-truthful information, inappropriate behaviour in the use of the community…)
3.- Instructors: are users who have applied as instructors, so they can edit blog posts, create and market courses and teach online classes. These users will be able to benefit from discounts of 15% ober general prices published by the platform. To be instructor the users must get the following requirements:
- Sign up as an instructor on the form that the platform shows for this purpose.
- The platform has approved the application. As the instructors carrying out economic or professional activities through the platform, these terms and conditions apply to them as partners or third-party suppliers of products and/or services.
- The platform has to approve the application. In any case, the refusals to acquire instructor status will be justified by explaining the reasons why the request is rejected (not having completed the information, being non-truthful information, inappropriate behaviour in the use of the community…).
- Particular discount policies:
The platform may consider particular discount policies for one or more users, from the same or from different categories, groups of users or random users.
The code corresponding to the discount coupons will be communicated to the users through the email they have indicated at the time of registration on the platform.
3.- How to benefit from a discount
The discount coupon is a numeric or alphanumeric code that will be communicated to the beneficiary. Discounts will be made effective by entering the discount coupon in the corresponding section of the order detail screen.
Coupons can be configured to provide a discount on a single trade or multiple transactions. They can also be configured to be used only by the owner user, or, also, by other users allowed by the owner one.
In any case, once you enter the discount coupon, the purchase detail screen will allow you to display the applied discount percentage and the final price of the trade after this percentage is applied.
XVIII.- CHANGES TO THE TERMS AND CONDITIONS
Glocal will notify users of the platform of any changes to the platform unless these changes are low entity and do not have material effects on the contractual obligations of the parties.
Glocal also reserves the right to update, modify or discontinue these terms and conditions at any time. If they are modified, a notice will be sent to users and partners, the modification will be posted on the website and the “last updated” date of this document will be updated. If the user does not agree to the revised terms and conditions, he/she may terminate the contract with immediate effect. If you continue to access or use the services after the terms and conditions have been modified, you are indicating that you agree with the updated terms and conditions. If the user does not consider the terms and conditions acceptable, he/she must stop using the services.
XIX.- APPLICABLE LEGISLATION AND JURISDICTION
These terms and conditions shall be governed by and interpreted under Spanish law. If the user acts as a consumer, and the consumer protection regulations that apply in his country of residence contain provisions that are more beneficial to him/her, those provisions will apply regardless of the choice of Spanish legislation. If the user is a consumer, he/she may initiate any legal proceedings concerning to these terms and conditions at the competent court of his place of residence or the competent court of Glocal’s registered office in Spain. If the platform wishes to assert any of its rights against the user as a consumer, it may only do in the courts of the jurisdiction in which the user is a resident. If the user is acting as a company, it agrees to submit to the exclusive jurisdiction of the Spanish courts.
XX.- GENERAL PROVISIONS
1.- There is no joint venture relationship or employment relationship between the platform and any of its users or partners. The parties expressly agree that any agreement reached does not imply any association or relationship of dependence of any kind between them, and both parties shall be independent and autonomous. Partners will be free to determine how their activities are organized or directed, the criteria for the temporary organization, or the distribution of time of dedication. Therefore, the relationship between the parties to this contract is exclusively commercial, with no employment link.
The legal form under which the partners will act shall be that of a commercial company or self-employed person. Partners must comply with their tax, labour and national insurance obligations. They have to fulfill their dues about payment of wages, national insurances fees, prevention of occupational risks and other social obligations imposed by the legislation. They have to show when they were required to, the supporting documents for the exact fulfilment of such obligations. In any case, the worker staff of the partner may not be considered as an employed platform. Therefore, all the effects from hiring workers by the partner, including all security conditions and national insurance aspects, will depend, solely and exclusively, on the management of the partner, leaving the platform apart from the claims between the partner and the dependent personnel in his charge.
2.- If any of these terms were null and void, it shall be removed and shall not affect the validity and effect of the other provisions.
3.- The non-application by the platform of any right or clause of these terms and conditions shall not constitute a waiver of such right or clause unless acknowledged or accepted in writing by the platform.
4.- The user or partner may not assign, transfer or delegate this contract or its rights and obligations without Glocal’s prior written consent. Glocal may assign, transfer or delegate this contract and any rights and obligations included, on its sole discretion, by giving notice 30 days in advance. This shall not prevent the right of the user or partner to terminate this agreement at any time.
5.- The user will have these terms and conditions written in Spanish and English, being able to access the content in any of these languages through the language selection that enables the website.