Customer contractContract for the provision of complementary and related services
CELEBRATED BETWEEN GoUppers AND “CLIENT”
Among those subscribed, namely, on the one hand GoUppers, with the Web address https://GoUppers.com, a legally constituted company, who hereinafter in this contract will be called GoUppers, this CONTRACT FOR THE PROVISION OF COMPLEMENTARY AND CONNECTED SERVICES WITH INTEGRAL MANAGEMENT OF SHORT AND LONG-STAY RESERVATIONS.
• Client. Natural or legal person to whom GoUppers provides complementary and related services with the comprehensive management of short and long stay reservations.
• Host, hostess. [person] Who has guests at home, especially when he cares for them properly and gives them his attention. At GoUppers the hosts are our clients. Our service offer is aimed at helping hosts to become SUPER HOSTS and thus obtain profitability from their property (that they receive more income from accommodation).
• Listing. (listing) Property to be published or published on short or long-term rental platforms.
• Check-in (register the income). 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 word that is usually used in the hotel sector to refer to the process by which a person in particular, after having been staying in a hotel, when leaving it, must go to the counter or reception of the establishment or premises to make the delivery of the room or property.
• Cleaning Service. PROFESSIONAL cleaning service in first-class HOTELS conditions and standards.
• Welcome Kits. Refers to the gift, or welcome gift to guests at the time of check in.
• Marketplaces. They are the platforms where the properties (listings) will be published, including Airbnb, HomeAway, Booking, Home To Go and Trivago.
• Host. Host in English.
• SuperHost. They are a group of hosts who serve as an example and inspiration to the rest of the community members for the extraordinary experiences they offer to their guests. When a host reaches the SuperHost category, a badge is automatically displayed on their profile and in their ad to identify them. Super Host.
• Guest. Person who stays in a hotel or at someone else’s house, either as a guest or paying for it.
• Guest. Guest in English
• Lockbox. Padlock system with internal deposit, which is housed in the door lock, this system opens with an electronic or mechanical key.
• Stay. Period of time in which a GUEST will enjoy the use and temporary enjoyment of a property.
BOTH PARTIES DECLARE:
a) That this contract is concluded 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 in the execution of this contract the terms, conditions, regulations and other policies and laws that are pertinent to the activity contracted here, and that are mandatory in the different MARKETPLACE, cities, countries, will be taken into account and abided by. , areas, regions; d) that in matters not defined in this contract, the terms and conditions and / or different regulations of the services provided by GoUppers should be consulted; 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 complementary and related services with the comprehensive 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 services, management, management of announcements and reservations in MARKETPLACE. This group of services includes activities such as: Ad optimization, commercial management in social networks and other other possible means, taking pictures, writing the ad, description of the property, advice to determine prices, rental conditions, reservation cancellation policies , refunds for cancellation of reservations, security policies, establishment of bonds and / or insurance, synchronization of MARKETPLACE calendars, management of property availability. b). Guest Management Services. This group of services includes activities such as: communication with the guest to coordinate everything related to their reservation and their stay, check-in and check-out service, welcome kit, delivery and collection of keys, delivery and reception of the property with verification of inventory, reception and management of guest experience feedback. The WELCOME KITs of GoUppers are deposited in the property so that the guest can enjoy it 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 THE SERVICES ABOVE MENTIONED AND THAT GOUPPERS MAKE AVAILABLE TO ITS CUSTOMERS, ARE AVAILABLE IN PACKAGES CALLED GoUppers PLANS. THE CUSTOMER DECIDES WHICH THEY PLAN TO TAKE OR MAY CHOOSE TO TAKE OUR SERVICES ON AN INDIVIDUAL BASIS,
THIRD CLAUSE. – LICENSES AND ACCESS TO ACCOUNTS. GoUppers grants the CLIENT a non-exclusive, revocable, and non-perpetual license of use so that the CLIENT can access all the “Backend” support tool that GoUppers currently or in the future makes available to them. For its part, the CLIENT, is obliged to allow GoUppers the entry and use of the user accounts that the CLIENT has open in the different MARKETPLACE, in the same way the CLIENT authorizes GoUppers to publish its (s) properties in as many MARKETPLACE considers appropriate to do so, in order to obtain reservations for said properties. GoUppers reciprocally undertakes to use the CUSTOMER’s accounts solely and exclusively to represent the CUSTOMER in the conclusion of any short- or long-stay lease contract with a GUEST and to provide the services established in this contract. Likewise, GoUppers undertakes to make proper use of said accounts, respecting and abiding by the terms, conditions and regulations established by the MARKETPLACE.
THIRD CLAUSE. ACCESS AND USE OF THE PROPERTY. – The CLIENT from the moment of registering the property and delivering it to GoUppers, undertakes to act in good faith and facilitate all the process, paperwork and requests that GoUppers requires in order to execute the object of this contract. Similarly, the CLIENT undertakes NOT to interfere with the provision of the services established in this document and / or contracted by it, by virtue of which, it is obliged to allow GoUppers and the GUEST access to the property provided these two The latter comply with the provisions of this contract and any rule that the MARKETPLACE establishes for this purpose.
THIRD CLAUSE CANCELLATION OF RESERVATIONS. The CLIENT may at any time request the 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 RELEASE the CLIENT from the payment of the percentage that corresponds to GoUppers for the reservation, which must be calculated according to the GoUppers PLAN that the client has in force. The CLIENT agrees to make said payment according to the conditions of clauses ___________
FOURTH CLAUSE. ESTABLISHED HOURS TO PROVIDE THE SERVICES. – The parties agree on a service schedule from Eight (7) to Twenty (21) hours. GoUppers will attend the requests of the CLIENTS and GUESTS in a term that does not exceed 4 Hours, counted from the time of receipt of the request. Requests must be made within the hours established in this clause, otherwise the request will be dealt with the next 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 hours, they are obliged to pay a compensation of Fifteen Dollars or its equivalent in local currency.
FIFTH CLAUSE. CONTRACT VALUE: the CLIENT 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 as a percentage of the total value that our CLIENT receives for each stay of the property that the client has enrolled in one of the GoUppers PLANS. In the event that the CUSTOMER takes any individual service, of those that appear on the GoUppers website as A LA CARTE, the value of said service will be the one in force at the time of hiring it.
CLAUSE SIX. WAY TO PAY. The CUSTOMER maximum 48 hours after the Guest’s CHEK IN, will make the payment of the respective commission on the reservation, according to the GoUppers PLAN in force. After the CHEK OUT, GoUppers will send the CLIENT the closing invoice, which will describe the services provided, the payments or payments made by the CLIENT, and the outstanding balances for services provided during the stay, or any other value pending payment. , which must be paid by the customer maximum 48 hours after the invoice is sent. The client now irrevocably authorizes to generate the corresponding charges for services provided by GoUppers, to the credit card that he has registered in GoUppers.
SEVENTH CLAUSE. BREACH OF PAYMENT. The parties agree that according to what is agreed in this contract, payment will be made, in accordance with the provisions of CLAUSE SIX. WAY TO PAY.
FIRST PARAGRAPH. In case of non-compliance in the payment, the CLIENT must recognize and pay GoUppers the default interest corresponding to the maximum legal rate, calculated from the day after the expiration of the agreed term for payment, until the date on which it becomes effective. said payment.
The parties agree that if GoUppers sends the invoice by any electronic or physical means, 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 timely payment, the CLIENT accepts and will immediately manage the disbursement and payment of the same, without subjecting GoUppers to sending a new invoice or starting to count the days of the term until their procedures are not fulfilled.
CLAUSE EIGHT. TAXES AND TAXES. The services object of this contract cause the Value Added Tax (VAT), corresponding to 19, VAT must be paid by the CLIENT, as well as any other tax that is caused on the occasion of the provision of the services of this contract and that by law they will be in charge of the CLIENT.
THIRTEENTH. – LIMITATIONS OF LIABILITY. The parties agree that GoUppers will not be responsible for: a) Compliance with any of the obligations arising from the lease contract that the CLIENT enters into with the GUEST through any of the MARKETPLACE; b) The faculty or capacity of the CLIENT to effectively lease the property through the MARKETPLACE; c) The legal situation of the PROPERTY, including, but not limited to, the payment of taxes, rights or contributions for property tax or payment for water service rights; d). Compliance with any law, regulation or obligation applicable to the PROPERTY including, but not limited to, federal, local laws or obligations imposed by any General Assembly of Owners or similar or analogous body; 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 and local laws or obligations imposed by any General Assembly of Owners or similar body or analogous, or contracted with any of the MARKETPLACE; f) The payment of any damage that a GUEST causes to the PROPERTY during their STAY and; g) f) The payment of any damage that a GUEST causes to the PROPERTY during their STAY and; g) f) The payment of any damage that a GUEST causes to the PROPERTY during their STAY and; g)
Payment for any personal property stolen, lost, decomposed or materially damaged or destroyed during the STAY. The parties agree that the HOST will be responsible for removing GoUppers safely, and even making the payment of reasonable legal fees in the event that GoUppers receives any complaint, demand, claim, interpellation, whether judicial or extrajudicial, related to any of the assumptions established in this clause.
CLAUSE NINE – TERMINATION. – The parties agree that GoUppers may terminate this contract, immediately and without the need for a legal or administrative statement for this purpose, in the event that the CLIENT fails to comply with any of the provisions established 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. The differences or controversies that arise on the occasion of the formulation, validity, execution, interpretation, termination or liquidation of this contract and of the relationship that derives between the parties, will seek to be resolved directly between the parties, by reciprocal agreement, in 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 controversy and summons it for its settlement. In the event that after this period no agreement has been reached, any dispute that arises between the parties in relation to the celebration, interpretation, execution, termination or settlement of the contract, will be submitted to the decision of an arbitration tribunal, which will be will be subject to the following rules:
1. The court will be made up of one (1) arbitrator, a practicing lawyer;
2. The arbitrator will be appointed by common agreement of 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 provided for by these, to the provisions of 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.
CLAUSE NINE. DURATION. This contract is valid for one year, counted from _____________.
SIXTEENTH CLAUSE. TERMINATION: In addition to the causes of Law and the others established in the contract, it will be terminated by the following:
1. By mutual agreement.
2. By decision of the 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 that arises between them by virtue of this contract, at any time provided that the other party is informed by means of a written communication sent by certified mail with thirty (30) days of SEVENTEENTH CLAUSE.
NOTIFICATIONS: For all purposes of this contract, the city of ________ is the contractual address and all communications between the parties in development of the same must be sent to the following addresses:
THE CLIENT: ________