These Terms of Service ("Terms") constitute a legally binding contract ("Agreement") between you and GOUPPERS (as defined below) that governs your access to and use of the GOUPPERS website (www.GoUppers.com) as well as the access and / or use of the different services, products and online resources that we put at your disposal, including any subdomain thereof, as well as any other website through which GOUPPERS makes the GOUPPERS Services available.
When these Terms use the words "GoUppers", "GoUppers" "GoUppers," we "," us ", or" our "(and other variations included), they refer to the GoUppers company with which YOU subscribe to this Agreement.
The payment services that GoUppers makes available to the HOSTS in (www.GoUppers.com), are operated and managed by service providers, which are independent from GoUppers and simply have the status of provider of such service. Therefore, each and every one of the GoUppers HOSTS completely exempt us from any liability, administrative, civil, criminal or similar or analogous nature, for any damage, damage or unlawful act that is caused against them and that is related to the processing of online payments, such as (but not limited to), theft, identity theft, illegal obtaining of bank accounts or credit card information or any other type of fraud, crime or illicit, related to means of Payments.
GoUppers is a company dedicated to provide complementary and related services with the integral management of short and long stay reservations. We clarify that any responsibility or commitment acquired by the HOSTS with the GUESTS of their hotel services, and / or with other companies, or any other third party, whether natural or legal person, are the exclusive fulfillment of the HOST, and this is already committed to exonerate GoUppers from any type of liability arising from the fulfillment of each and all the obligations that he has acquired.
The users of our services will be exclusively responsible for identifying, understanding and complying with all the laws, regulations and regulations that apply in the country in which they provide their hotel services. Likewise, they will be exclusively responsible for knowing the terms and conditions of the different platforms or marketplace in which they have published or authorize GoUppers to publish their property. Therefore, in any situation not defined in these terms, each and every one of the related parties will be subject to what is established in the terms of said platforms and to the pertinent laws.
GoUppers in its role as provider of complementary services and related to the management of short and long stay reservations, will do what is reasonably possible to guide you in compliance with rules, terms and conditions applicable to the management of your property, but will not assume responsibility some on the obligations that correspond to the HOST.
From the moment that the ANFITRION registers its property in GoUppers by any means (web, telephone, mail etc), or asks us to register its property, it authorizes us without restriction to comprehensively manage said property.
1. Scope of the GOUPPERS Services
1.1. GoUppers is a company dedicated to provide complementary and related services with the integral management of short and long stay reservations.
1.2 As a provider of complementary services and related to the management of short and long term reservations, GoUppers is not owner, nor administrator of the properties, our service is basically about collaborating with the ANFITRION, in tasks that this is not in conditions to perform or that you simply prefer to delegate. Therefore, the HOSTS are exclusively responsible for the accommodation services they offer. When the HOSTS and GUESTS of their services, make or accept a reservation, they sign a contract directly between them. GoUppers is NOT and will not become a party or a participant in any contractual relationship derived from said agreement, nor does it constitute a real estate or insurance agent.
CONTRACT FOR THE PROVISION OF COMPLEMENTARY AND RELATED SERVICES
WITH THE INTEGRAL MANAGEMENT OF RESERVES OF SHORT AND LONG STAY
CELEBRATED BETWEEN GoUppers AND "CLIENT"
Among the subscribers namely, on the one hand, GoUppers, with web address https://GoUppers.com, a legally constituted company, who hereinafter referred to in this contract as GoUppers, subscribes to this SUPPLY CONTRACT FOR COMPLEMENTARY AND RELATED SERVICES WITH THE INTEGRAL MANAGEMENT OF SHORT AND LONG STAY RESERVATIONS.
• Client. Natural or legal person to which GoUppers provides complementary and related services with the integral management of short and long stay reservations.
• Host, hostess. [person] Who has guests at home, especially when they are properly cared for and give them their attention. At GoUppers the hosts are our customers. Our offer of services is aimed at helping the hosts to become SUPER HOSTS and thus obtain profitability of their property (that receive more income for lodging).
• Listing. (listing) Property to be published or published on lease platforms for short or long stays.
• Check-in (register the entry). It is a process carried out in a hotel, airport or port, which consists of registering the arrival or arrival of a person, the person in charge of these processes is the receptionist; so usually the term "check in" is used to refer to the method by which a particular airline or hotel registers the arrival of a visitor.
• Check-out (Process of making the delivery of a room by a guest). It is a term that is usually used in the hotel sector to refer to the process by which, a particular person, after having been staying at a hotel, at the time of withdrawing from it, should go to the counter or reception of the establishment or venue to make the delivery of the room or property.
• Cleaning Service. PROFESSIONAL cleaning service in conditions and standards of HOTELERIA first category.
• Welcome Kits. Refers to the gift, or welcome gift to the guests at the time of check-in.
• Marketplaces. These are the platforms where the properties will be published (listings), including Airbnb, HomeAway, Booking, Home To Go and Trivago.
• Host. Host (a) in English.
• SuperHost. They are a group of hosts that serve as an example and inspiration to the rest of the members of the community for the extraordinary experiences they offer their guests. When a host reaches the SuperHost category, a badge is automatically displayed in their profile and ad to identify them. Super Host
• Guest. Person who stays in a hotel or in another person's house, either as a guest or paying for it.
• Guest. Guest in English
• Lockbox. Padlock system with internal reservoir, which is housed in the door lock, this opening system with electronic or mechanical key.
• Stay. Period of time in which a GUEST enjoys the use and temporary enjoyment of a property.
BOTH PARTIES DECLARE:
a) That this contract is signed and signed freely and spontaneously, that there is no injury or fraud, or any other vice of the will, or situation in general that could affect the validity of this contract; b) That the object of this contract is lawful; c) That the execution of this contract will take into account and abide by the terms, conditions, regulations and other policies and laws that are relevant to the activity contracted here, and that are mandatory in the different MARKETPLACE, cities, countries , areas, regions; d) that what is not defined in this contract should be consulted the terms and conditions and / or different regulations of the services provided by GoUppers; e) That it is your will to be bound in accordance with the following CLAUSES:
FIRST CLAUSE. - OBJECT. - GoUppers undertakes to provide the CLIENT with the complementary and related services with the integral management of short and long stay reservations.
SECOND CLAUSE. - DESCRIPTION OF SERVICES. - Depending on the GoUppers Plan that the client acquires, these may include the following services: a). Administration, management, ad management and reservations services at MARKETPLACE. This group of services includes activities such as: Ad optimization, commercial management in social networks and other possible means, taking photographs, writing the ad, description of the property, advice to determine prices, rental conditions, cancellation policies for reservations , refunds for cancellation of reservations, security policies, establishment of deposits and / or insurance, synchronization of the calendars of the MARKETPLACE, management of the availability of the property. b) Guest Management Services. This group of services includes activities such as: communication with the guest to coordinate everything related to your reservation and your stay, check-in and check-out service, welcome kit, delivery and collection of keys, delivery and reception of the property with inventory verification, reception and management of guest experience comments. The WELCOME KIT of GoUppers are deposited in the property so that the guest can enjoy this upon arrival. The articles that make up the WELCOME KIT are chosen solely and exclusively by GoUppers and may be modified at any time without prior notice. ALL SERVICES PREVIOUSLY MENTIONED AND THAT GoUppers MAKES AVAILABLE TO THEIR CUSTOMERS, ARE AVAILABLE IN PACKAGES CALLED GoUppers PLANS. THE CUSTOMER DECIDES WHAT PLAN TO TAKE OR MAY CHOOSE TO TAKE OUR SERVICES INDIVIDUALLY, WHICH WE MAKE AVAILABLE UNDER THE DENOMINATION OF SERVICES TO THE LETTER. THIRD CLAUSE. - LICENSES AND ACCESS TO ACCOUNTS. GoUppers grants the CUSTOMER a non-exclusive, revocable, and non-perpetual license for the CLIENT to have access to any "Backend" support tool currently or in the future available by GoUppers. For its part, the CLIENT, is obliged to allow GoUppers to enter and use the user accounts that the CLIENT has open in the different MARKETPLACE, in the same way the CLIENT authorizes GoUppers to publish his (or her) properties in how many MARKETPLACE consider appropriate to do so, in order to obtain reserves for said properties. GoUppers agrees reciprocally to use the CUSTOMER's accounts solely and exclusively to represent the CUSTOMER in concluding any lease contract for short or long stay with a GUEST and to provide the services established in this contract. Likewise, GoUppers undertakes to give appropriate use of said accounts, respecting and abiding by the terms, conditions and regulations established by the MARKETPLACE.CLASS THIRD. ACCESS AND USE OF THE PROPERTY. - The CLIENT from the moment of registering the property and deliver it to GoUppers, is obliged to act in good faith and facilitate all the process, procedures and requests that GoUppers requires in order to execute the object of this contract. Likewise, the CLIENT undertakes not to hinder the provision of the services established in this document and / or contracted by it, in such virtue, it is obliged to allow GoUppers and the HUÉSPED access to the property provided that these two last comply with the provisions of this contract and any rules established for that purpose MARKETPLACE.CLÁUSULA THIRD CANCELLATION OF RESERVATIONS. The CLIENT may at any time request cancellation of a reservation, which must inform GoUppers by email. GoUppers will proceed to register said event in the respective MARKETPLACE, as long as it admits it. The cancellation of the reservation DOES NOT EXEMPT the CLIENT from the payment of the percentage corresponding to GoUppers for the reservation, which must be calculated according to the GoUppers Plan that the client has in force. The CLIENT undertakes to make said payment in accordance with the conditions of the clauses ___________ FOURTH CLAUSE. SCHEDULE ESTABLISHED TO PROVIDE THE SERVICES. - The parties agree on a schedule of service from Eight (7) to Twenty (21) hours. GoUppers will attend the requests of the CLIENTS and GUESTS in a term not exceeding 4 hours, counted from the time of receipt of the request. The requests must be made within the schedule established in this clause, otherwise the request will be answered the following day following the protocol established in this clause. In the event that the CLIENT requires or requests the delivery or collection of keys outside the established time, he is obliged to pay compensation of Fifteen Dollars or its equivalent in the local currency. FIFTH CLAUSE. VALUE OF THE CONTRACT: the CUSTOMER will pay GoUppers, for the provision of services agreed in this contract, the values specified in the GoUppers Plan that it has decided to take. The descriptions of plans with their respective values will be available on the GoUppers website (www.GoUpperss.com). The value of the plan will be determined by a percentage of the total value that our CUSTOMER receives for each stay of the property that the client has registered in any of the GoUppers PLANS. In the event that the CLIENT takes any individual service, of those that appear on the GoUppers website as A LA CARTA, the value of said service will be the one that is valid at the time of contracting it. SIXTH CLAUSE. WAY TO PAY. The CUSTOMER maximum 48 hours after CHEK IN of the Guest, will make the payment of the respective commission on the reservation, according to the GoUppers PLAN that is in force. After CHEK OUT, GoUppers will send the CLIENT the closing invoice, in which to describe the services rendered, the payments or payments made by the CLIENT, and the outstanding balances for services rendered during the stay, or any other value pending payment, which must be paid by the maximum customer at 48 hours after the sent of the invoice. The client has already irrevocably authorized to generate the corresponding charges for services provided by GoUppers, to the credit card registered in GoUppers. SEVENTH CLAUSE. NON-COMPLIANCE IN PAYMENT. The parties agree that according to what is agreed in this contract the payment will be made, according to what is set forth in SIXTH CLAUSE. WAY TO PAY. PARAGRAPH ONE. In case of default in payment, the CLIENT must recognize and pay to GoUppers default interest corresponding to the maximum legal rate, calculated from the day following the expiration of the term agreed for payment, until the date on which it becomes effective. said payment. The parties agree that if GoUppers sends by any electronic or physical means the invoice, within the established dates and according to the agreements for the collection of the service, but due to internal inconveniences of the CLIENT, the invoice is not processed for the payment. opportunely, the CUSTOMER accepts and will manage immediately the disbursement and payment of the same, without submitting GoUppers to the sending of a new invoice or that begins to count the days of term until their procedures are completed EIGHT. TAXES AND CHARGES. The services subject of this contract cause Value Added Tax (VAT), corresponding to 19, VAT must be canceled by the CUSTOMER, as well as any other tax that is caused on the occasion of the provision of the services of this contract and that will be in charge of the CUSTOMER. TENTH THIRD. - LIMITATIONS OF LIABILITY. The parties agree that GoUppers will not be responsible for: a) The fulfillment of any of the obligations deriving from the lease contract that the CLIENT celebrates with the GUEST through any of the MARKETPLACE; b) The ability or ability of the CLIENT to effectively lease the property through the MARKETPLACE; c) The legal status of the PROPERTY, including, but not limited to, the payment of taxes, duties or taxes for property taxes or payment for water service fees; d). Compliance with any law, regulation or obligation applicable to the PROPERTY including, but not limited to, federal, local laws or obligations imposed by a General Assembly of Owners or a similar or similar organization; e) The payment of any fine, sanction, prohibition, conventional or legal penalty, that the CLIENT must pay for breach of any law, regulation or obligation applicable to the PROPERTY including, but not limited to, federal, local laws or obligations imposed by a General Assembly of Owners or a similar or similar organization, or contracted with any of the MARKETPLACE; f) The payment of any damage that a GUEST causes to the PROPERTY during its STAY and; g) The payment of any stolen, lost, decomposed or materially damaged or destroyed furniture during the STAY. The parties agree that HOST will be responsible for getting GoUppers safe and secure, and even to pay reasonable legal fees in case GoUppers receives any complaint, claim, claim, judicial or extrajudicial interpellation related to any of the assumptions established in this clause. NINTH CLAUSE - TERMINATION. - The parties agree that GoUppers may terminate this contract, immediately and without need of a legal or administrative declaration to that effect, in case the CLIENT fails to comply with any of the provisions set out in this contract or in the terms and conditions established by GoUppers that are published on the WEB (www.GoUpperss.com) TENTH CLAUSE. CONFLICT RESOLUTION. Differences or disputes that arise in connection with the formulation, validity, execution, interpretation, termination or liquidation of this contract and the relationship that may arise between the parties, shall be resolved directly between the parties, by mutual agreement, within a term of ten (10) business days, counted from the date on which one of them communicates to the other the reason for the conflict or the controversy and calls it for its settlement. In the event that after this period has not reached agreement, any dispute arising between the parties in connection with the conclusion, interpretation, execution, termination or liquidation of the contract, will be subject to the decision of an arbitration tribunal, which It will be subject to the following rules: 1. The court shall consist of one (1) arbitrator, practicing lawyer; 2. The referee They will be appointed by mutual agreement by the parties and, in the absence of agreement, by the Arbitration and Conciliation Center, in accordance with its regulations; 3. The organization and functioning of the court shall be subject to the rules of the Arbitration and Conciliation Center in matters not foreseen by them, as provided in the Law; 4. The seat of the court shall be the city of ______ 5. The award shall be rendered in law and shall be final, unless the law provides otherwise. NINTH CLAUSE. DURATION. This contract is valid for one year, counted from the day ___ of ___ of 2.01_. SIXTH SIXTH CLAUSE. TERMINATION: In addition to the causes of the Act and the others established in the contract, it will be terminated by the following: 1. By mutual agreement. 2. By decision of competent authority. 3. Due to force majeure or fortuitous event, which prevents the continuation of the object of this contract. 4. For the complete execution of the obligations arising from this contract. 5. For the breach of any of the parties of the obligations assumed with the provisions of this contract. 6. Due to the expiration of the term established in this contract. 7. In any case, the parties may terminate the relationship arising between them by virtue of this contract, at any time provided that the other party is informed by written communication sent by registered mail with thirty (30) days of TENTH SEVENTH CLAUSE. NOTIFICATIONS: For all purposes of this contract, we have the city of ________ as the contractual address and all communications that cross between the parties in development thereof must be sent to the following addresses:
THE CLIENT : ________