Terms and ConditionsLegal Use of the GoUppers Web Portal
These Terms of Service (“Terms”) constitute a legally binding contract (“Contract”) 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 make available to you, including any subdomain of the same, as well as any other website through which GOUPPERS makes the GOUPPERS Services available.
When these Terms use the words “GoUppers”, “Go Uppers” “Gouppers,” we “,” us “, or” our “(and other variations included), they refer to the GoUppers company with which YOU sign this Agreement. .
The payment services that GoUppers makes available to the HOSTS at (www.GoUppers.com), are operated and administered by service providers, which are independent from GoUppers and simply have the status of provider of said service. Therefore, each and every one of the GoUppers HOSTS totally exonerate us of any responsibility, administrative, civil, criminal or of a similar or analogous nature, for any damage, damage or illicit 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 illegal, related to means of Payments.
GoUppers is a company dedicated to providing complementary and related services with the comprehensive management of short and long stay reservations. We clarify that any responsibility or commitment acquired by the HOSTS with the GUESTS of their hospitality services, and / or with other companies, or any other third party, be it natural or legal person, are the exclusive fulfillment of the HOST, and this already undertakes to exonerate GoUppers from any type of responsibility derived from the fulfillment of each one and of all the obligations that it has acquired.
The users of our services will be exclusively responsible for identifying, understanding and complying with all laws, rules and regulations that apply in the country in which they provide their hospitality services. In the same way, 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 and related services with the comprehensive management of short and long stay reservations, will do everything reasonably possible to guide you in compliance with the rules, terms and conditions applicable to the management of your property, but will not assume responsibility any on the obligations of the HOST.
From the moment the ANFITRION registers its property in GoUppers by any means (web, telephone, mail, etc.), or requests us to register its property, it authorizes us without restriction to comprehensively manage said property.
1. Scope of GOUPPERS Services
1.1. GoUppers is a company dedicated to providing complementary and related services with the comprehensive management of short and long stay reservations.
1.2 As a provider of complementary and related services with the comprehensive management of short and long-stay reservations, GoUppers is not the owner or administrator of the properties, our service is basically about collaborating with the ANFITRION, in tasks that it is not in a position to perform or who simply prefers 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.
1.3. In the event of any inconvenience or dispute, GoUppers will respond for the part that is clearly related to the service that the HOST has hired us. If the event that generates the inconvenience or dispute is NOT related to the service contracted to GoUppers, we will have the mechanisms that are reasonably within our reach to help resolve the dispute between the HOST and its GUEST.
Although we can help to facilitate the resolution of disputes, GoUppers does not have control over, nor does it guarantee (i) the existence, quality, security, suitability or legality of any ANFITRION Announcement or Service, (ii) the veracity or accuracy of the descriptions of any Announcement or Evaluations, Comments and other Content or (iii) the performance or conduct of any HOST, GUEST, or third party. GoUppers does not endorse any HOST, GUEST or third party, Announcement or Service of the HOST. Any reference to a “verified” HOST or USER or other similar term only indicates that that HOST or USER has completed the corresponding verification or identification process. This type of description does not imply an endorsement, a certification or a guarantee on the part of GoUppers about a HOST or USER,
1.5. From the moment you are linked to El ANFITRION GoUppers, you authorize us, without any restriction, to manage and promote your ads on social networks, websites, applications, emails and in online and not online advertising. Likewise, the HOST authorizes us to translate their advertisements into other languages partially or totally. GoUppers cannot guarantee the accuracy or quality of said translations. In some cases GoUppers may use translation services provided on the web by third parties that do not recognize guarantees related to translations, express or implied, including any guarantee of accuracy, reliability and any implicit guarantee of merchantability, suitability for a particular purpose and non-infringement .
1.7 GoUppers to the reasonable extent possible will keep the website www.GoUppers.com available, as well as any other technological tool that supports our operation.However, GoUppers may restrict the availability of the website and / or any other tool technology due to capacity limits, security or integrity of our servers, or to carry out maintenance measures.
2. Minimum conditions to access the use of the GoUppers services
2.1 The HOST of our services must be of legal age. Depending on the country, region or area, this criterion must be met. It is understood that when accessing or using any service or product of GoUppers the ANFITRION declares and guarantees that it is of legal age and has the capacity and legal authority to sign a contract, take a service or purchase a product.
2.2 GoUppers may, without being obliged, carry out a verification process for HOSTS (GUESTS and / or USERS), always respecting the laws that are in force and that are associated with said verification.
2.3 Some of the services offered by GoUppers may be subject to independent policies, rules or guidelines, or they may require you to accept additional terms and conditions to those present.
3. Modification of these Terms
GoUppers reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the www.GoUppers.com website and update the “Last Updated” date at the top of them. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you of your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms take effect, your continued access to or use of the GoUppers platform (www.GoUppers.com) will constitute acceptance of the revised Terms.
4. Account registration
4.1 You must register an account at www.GoUppers.com to access and use GoUppers products and services. If you register an Account in GoUppers in the name of a legal person, you must declare and guarantee that you have the power to legally bind said entity and grant us all the permits and licenses provided in these Terms.
4.2 You can register a GoUppers Account with an email address and creating a password, or through your third party social media account, such as Facebook or Google. You have the possibility to deactivate the connection between your GoUppers Account and your SNS Account at any time.
4.3 You must provide accurate, current and complete information during the registration process and keep your GoUppers account information updated at all times.
4.4 You may not register more than one (1) GoUppers Account unless authorized by GoUppers. You will not be able to assign or transfer your GoUppers Account.
4.5 You will be responsible for maintaining the confidentiality and security of your GoUppers Account. You must inform GoUppers if you have knowledge or have reason to suspect that your account has been compromised. You will be responsible for all and any activities carried out through your GoUppers Account, unless said activities have not been authorized by you and you have not acted negligently (as in the case of not having reported the unauthorized use of your GoUppers account).
5.1 GoUppers may allow the HOSTS to create, upload, publish, send, receive and store content, such as text, photos, audio, video and other material and information to, or through, the GoUppers platform and also to access and view the Content that GoUppers makes available on or through the web.
5.2 That all or part of the content of the GoUppers platform is protected by copyright, trademark and other laws of the countries where it is present. You acknowledge and accept that GoUppers and the Content of the GoUppers platform, including all associated intellectual property rights, are the exclusive property of GoUppers. You will not remove, alter or hide any trademark or sign of copyright, trademark or service or other notices of property rights that appear integrated or that accompany the GoUppers website.
5.3 You will not use, copy, adapt, modify, prepare derivative works, distribute, license, sell, transfer, publicly display, publicly interpret, transmit, disseminate or otherwise exploit the GoUppers Platform, or its Content, except to the extent that that you are the legal owner of certain Content or as expressly permitted in these Terms. You will not be granted any license or right, implicitly or explicitly, by virtue of any intellectual property right owned or controlled by GoUppers.
5.4 Without prejudice to your compliance with these Terms, GoUppers grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to (i) download and use the Application on your personal device (s) and (ii ) access and view any Content made available on or through the GoUppers platform and accessible to you, solely for your personal and non-commercial use.
5.5 When you create, upload, publish, send, receive, store or otherwise make any Content available on or through the GoUppers platform, you grant GoUppers a non-exclusive, international, royalty-free, irrevocable license, perpetual (or in force during the protection), sublicensable and transferable on said Content to access, use, store, copy, modify, prepare derivative works, distribute, publish, transmit, stream, broadcast and exploit in any other way and manner said Content to provide and / or promote GoUppers on any support or platform. Unless you give specific consent,
5.6 GoUppers may offer HOSTS the option of having professional photographers to take photographs that illustrate their HOST Services. GoUppers will make these photos available to the HOSTS, so that they may include them in their Ads. You acknowledge and accept that GoUppers will have the right to use any Images in advertising, marketing and / or any other business purpose in all types of support or platform, whether in relation to your Ad or otherwise, without further notification or compensation. with respect to you. In the event that GoUppers is not the exclusive owner of the Images, when using said Images on or through the GoUppers platform, you grant GoUppers an exclusive, international, royalty-free, irrevocable, perpetual license (or in force during the protection ),
5.7 You are solely responsible for all Content that you make available on or through the GoUppers platform. Consequently, you declare and guarantee that: (i) you are the sole and exclusive owner of all Content that you make available on or through the GoUppers platform or that you have all the rights, licenses, consents and disclaimers necessary to grant to GoUppers the rights in and over said Content and (ii) neither the Content nor its publication, upload, broadcast, sending or transmission of the Content, nor the use by GoUppers of the ANFITRION Content (or any part thereof) will violate , will mean an improper appropriation or infringe patent rights, copyright, trademark, trade secret,
5.8 You will not publish, upload, disseminate, send or transmit any Content in your GoUppers account that (i) is fraudulent, false, misleading (directly or by omission or failure to update the information) or false; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promote discrimination, intolerance, racism, hatred, harassment or harm against any person or group; (iv) is violent or threatening or encourages violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) breaches the GoUppers Content Policy or any other GoUppers policy. GoUppers may, without prior notice,
5.9 GoUppers respects the legislation on copyright and expects its HOSTS and USERS to act in the same way. If you consider that any content on the GoUppers website infringes the copyright you own, notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 GoUppers may charge fees to HOSTS and / or USERS, in exchange for the use of GoUppers products and / or services. Rates are available on the website rates section.
6.2 All applicable Service Fees (including the corresponding Taxes) will be shown to the HOST and / or GUEST. GoUppers reserves the right to change the Service Rates at any time, and we will send the corresponding notification to the HOSTS, CLIENTS AND / OR USERS regarding any rate change before they come into effect.
6.3 Our HOSTS AND GUESTS are responsible for paying each and every one of the Service Fees that they have contracted and that they owe to GoUppers, The applicable Service Fees expire, are payable and are charged by GoUppers in accordance with the Payment Terms. The Service Fees actually provided by GoUppers are not refundable.
7. Specific Terms for Hosts
7.1 Terms applicable to all Ads
7.1.1 When creating an Ad through the GoUppers Platform you must (i) provide complete and accurate information about your Host Service (such as the description of the ad, location and availability of dates), (ii) disclose any deficiency, restriction (such as house rules) and requirements that may be relevant (such as a minimum age, skills or physical requirements for an Experience) and (iii) provide any other pertinent information that GoUppers requests. You are responsible for keeping your Ad information updated at all times (including the availability of dates).
7.1.2 You are solely responsible for setting a price (including Taxes, if applicable) on your Ad (“Ad Fee”). Once a Guest requests a reservation for their Listing, they may not require the Guest to pay a higher price than in the reservation request.
7.1.3 The terms and conditions included in your Ad, in particular in relation to cancellations, must not conflict with these Terms or with the cancellation policy you have selected for your Ad.
7.1.4 The images, animations or videos (collectively, the “Images”) used in your Ads must accurately reflect the quality and condition of your Host Services. GoUppers reserves the right to require that the Ads have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and classification of Ads in the search results within the GoUppers Platform may vary and depends on various factors, such as the search parameters and the preferences of the Guest, the requirements of the Host, the price and the availability of dates. , the number and quality of the Images, the history of customer service and cancellations, the Comments and Evaluations, the type of Host Service and / or the ease of booking.
7.1.6 When you accept or have previously approved a reservation request by a Guest, you will be entering into a legally binding contract with the latter, which obliges you to provide your host Service (s) to the Guest in accordance with described in your Ad once the reservation request is completed. You also agree to pay the corresponding Host Fee and applicable Taxes, which will be charged in accordance with the Payment Terms.
7.1.7 GoUppers recommends that Hosts take out adequate insurance for their Host Services. Carefully review the corresponding insurance policy, and make sure in particular that you know and understand any exceptions and reductions that may apply to said insurance policy, including, without limitation, whether or not it covers the actions or inactions of Guests ( and the natural persons for whom the Guest has reserved, if applicable) during the stay at their Accommodation or participation in their Experience, Event or other Host Service.
7.2 Advertised accommodations
7.2.1 You can only advertise one Accommodation per Advertisement.
7.2.2 If you decide to require a deposit for your Accommodation, you must indicate this in your Ad (“Deposit”). It is prohibited for the Hosts to request a Deposit after the reservation has been confirmed or outside the GoUppers Platform. GoUppers will use its commercially reasonable efforts to respond to requests and claims from Hosts related to Bonds, but GoUppers is not responsible for managing or accepting any claims by Hosts related to Security Bonds.
7.2.3 Usted declara y garantiza que cualquier Anuncio que publique y la reserva de un Alojamiento o la estancia de un Huésped en el mismo (i) no incumplirá ningún contrato que usted haya suscrito con un tercero, como el reglamento de copropiedad, la comunidad de propietarios, condominios u otros acuerdos, y (ii) cumplirá todas las leyes aplicables (como las de urbanismo), los requisitos fiscales y demás reglas y normativas (entre ellas disponer de todos los permisos, licencias y registros necesarios). En calidad de Anfitrión, es responsable de sus propios actos y omisiones y también de los actos y omisiones de cualquier persona que resida o esté presente en el Alojamiento a petición suya o por invitación suya, excluido el Huésped (y las personas que el Huésped invite al Alojamiento, si es el caso).
7.3 Experiences, events and other Host Services announced
7.3.1 To advertise an Experience, event or other Host Service, you must create an Announcement and send the Experience, event or Host Service to GoUppers. In order to be considered for publication on the GoUppers Platform, Experiences, Events and other Host Services must comply at all times with the quality levels of the Experiences and satisfy the Guest’s demand. GoUppers reserves the right to decide, at its sole discretion, whether or not an Experience, event or other Host Service that has been sent will be published on the GoUppers Platform.
7.3.2 When you advertise an Experience, event or other Host Service, you must fully instruct and inform Guests, where applicable, about (i) any risk inherent in the Experience, event or other Host Service, (ii) any requirements for participation, such as minimum age, related skills, fitness level, and other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event, or other Host Service (including apparel, equipment, special certificates or licenses, etc.).
7.3.3 If you wish to advertise an Experience on behalf of a non-profit organization (“Social Impact Experience”), you must meet the eligibility requirements. When you advertise a Social Impact Experience, you (i) represent and warrant that you are duly authorized to act on behalf of your non-profit organization and (ii) acknowledge and agree that all payments will go to an account from which it is start a non-profit organization. You and your Non-Profit Organizations acknowledge that advertising a Social Impact Experience does not create any commercial financing or stakeholder relationship, nor does it create any charitable organization relationship with GoUppers, and that GoUppers is not a professional fundraiser or commercial participant. . Non-profit organizations, and not GoUppers, They will be responsible for determining what portion of their Listing Fee, if any, is a charitable contribution, as well as providing Guests with charitable invoices for tax purposes for any charitable contributions made. You and your Non-Profit Organization are solely responsible for complying with all laws that apply to your organization and the Social Impact Experience that you propose.
7.3.4 You declare and guarantee that (i) you understand and comply with all the laws, rules and regulations that may apply to your Experience, event or other host Service (s) and (ii) you will obtain how many licenses, permits or registrations are necessary prior to the provision of the Experience, event or other host Service (s). You can find additional information about some of the legal obligations that may apply to you on our Be a Responsible Host pages.
7.3.5 You must perform in person the provision of the Experience, event or other Host Service, and you may not allow a third party to perform the provision of the Experience, event or other Host Service on your behalf, unless so authorized by GoUppers.
8. Specific Terms for Guests
8.1 Terms applicable to all reservations
8.1.1 Notwithstanding the fulfillment of any requirements established by the Host (such as completing any verification process), you can reserve an Advertisement available on the GoUppers Platform by following the corresponding reservation process. Before reserving an Ad, you will be presented with all applicable fees, including the Ad Fee, the Deposit (if applicable), the Guest Fee and any applicable Taxes (hereinafter, jointly, the “Total Fees”). You agree to pay the Total Fees for the reservations requested in connection with your GoUppers Account.
8.1.2 Upon receipt of a reservation confirmation from GoUppers, a legally binding contract is formed between you and your Host, subject to any additional terms and conditions of the Host that may be applicable, including in particular the corresponding cancellation policy. and how many rules and restrictions are indicated in the Announcement. GoUppers will collect the Total Fees at the time of the reservation request or after confirmation by the Host in accordance with the Payment Terms.
8.1.3 If you book a Host Service on behalf of additional guests, you are obliged to ensure that each of these additional guests meets the requirements established by the Host and that they are knowledgeable and accept these Terms, as well as the terms and conditions. conditions, rules and restrictions indicated by the Host. If you book for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors can only participate in an Experience, event or other Host Service if they are accompanied by an adult who is responsible for them.
8.2 Reservation of accommodation
8.2.1 You understand that a confirmed reservation of an Accommodation (“Accommodation Reservation”) constitutes a limited authorization granted by the Host to access, occupy and use the Accommodation for the period of your stay, during which time the Host (only insofar as, and when permitted by applicable law) you retain the right to access the Accommodation, in accordance with your Host contract.
8.2.2 You agree to leave the Accommodation no later than the departure time specified by the Host in the Announcement or the time that the Host and you set by mutual agreement. If your stay extends beyond the agreed departure time without the consent of the Host (“Excess Stay”), you will no longer have authorization to stay in the Accommodation and the Host will have the right to force you to leave in a manner consistent with applicable legislation. Furthermore, you agree to pay, if required by the Host, for each twenty-four (24) hour period (or any portion thereof) corresponding to an Excess Stay on your part, an additional overnight rate of up to two (2) ) times the average Ad Rate per night that you initially paid, in order to alleviate the inconvenience suffered by the Host, plus all the Guest Fees and the corresponding Taxes, as well as any legal expenses that the Host may have incurred to force them to leave (hereinafter, jointly, the «Excess Fees of Stay »). Excess Stay Fees for late check-out times on the same check-out date and that do not affect future reservations may be limited to additional costs incurred by the Host as a result of said Excess Stay. GoUppers will charge you Excess Stay Fees in accordance with the Payment Terms. In the event that the Host has requested it, the Deposit may be applied to satisfy the Excess Stay Fees that are owed for the Excess Stay of a Guest. plus all the Guest Fees and the corresponding Taxes, as well as any legal expenses that the Host may have incurred to force them to leave (hereinafter, jointly, the “Excess Stay Fees”). Excess Stay Fees for late check-out times on the same check-out date and that do not affect future reservations may be limited to additional costs incurred by the Host as a result of said Excess Stay. GoUppers will charge you Excess Stay Fees in accordance with the Payment Terms. In the event that the Host has requested it, the Deposit may be applied to satisfy the Excess Stay Fees that are owed for the Excess Stay of a Guest. plus all the Guest Fees and the corresponding Taxes, as well as any legal expenses that the Host may have incurred to force them to leave (hereinafter, jointly, the “Excess Stay Fees”). Excess Stay Fees for late check-out times on the same check-out date and that do not affect future reservations may be limited to additional costs incurred by the Host as a result of said Excess Stay. GoUppers will charge you Excess Stay Fees in accordance with the Payment Terms. In the event that the Host has requested it, the Deposit may be applied to satisfy the Excess Stay Fees that are owed for the Excess Stay of a Guest. as well as any legal expenses that the Host may have incurred to force him to leave (hereinafter, jointly, the “Excess Stay Rates”). Excess Stay Fees for late check-out times on the same check-out date and that do not affect future reservations may be limited to additional costs incurred by the Host as a result of said Excess Stay. GoUppers will charge you Excess Stay Fees in accordance with the Payment Terms. In the event that the Host has requested it, the Deposit may be applied to satisfy the Excess Stay Fees that are owed for the Excess Stay of a Guest. as well as any legal expenses that the Host may have incurred to force him to leave (hereinafter, jointly, the “Excess Stay Rates”). Excess Stay Fees for late check-out times on the same check-out date and that do not affect future reservations may be limited to additional costs incurred by the Host as a result of said Excess Stay. GoUppers will charge you Excess Stay Fees in accordance with the Payment Terms. In the event that the Host has requested it, the Deposit may be applied to satisfy the Excess Stay Fees that are owed for the Excess Stay of a Guest. Excess Stay Fees for late check-out times on the same check-out date and that do not affect future reservations may be limited to additional costs incurred by the Host as a result of said Excess Stay. GoUppers will charge you Excess Stay Fees in accordance with the Payment Terms. In the event that the Host has requested it, the Deposit may be applied to satisfy the Excess Stay Fees that are owed for the Excess Stay of a Guest. Excess Stay Fees for late check-out times on the same check-out date and that do not affect future reservations may be limited to additional costs incurred by the Host as a result of said Excess Stay. GoUppers will charge you Excess Stay Fees in accordance with the Payment Terms. In the event that the Host has requested it, the Deposit may be applied to satisfy the Excess Stay Fees that are owed for the Excess Stay of a Guest.
8.3 Reservation of Experiences, events and other Host Services
8.3.1 You should carefully review the description of any Host Experience, event, or other Service you intend to book to ensure that (both you and any additional guests you book for) meet the minimum age, fitness, fitness, and other requirements. requirements indicated by the Host in their Ad. You are obligated to inform the Host of any medical or physical problems and other circumstances that may affect your ability, or that of any additional guests, to safely participate in an Experience, an event, and other Host Services. In addition, certain laws will also apply, such as the minimum age for the consumption of alcoholic beverages at the place of the Experience, the event or another Host Service. You are responsible to find out,
8.3.2 Before and during an Experience, an event and other Host Services, you must at all times respect the instructions of the Hosts.
8.3.3 You cannot bring any additional natural person to the Experience, the event and other Host Services, unless you have added said person as an additional guest during the reservation process on the GoUppers Platform.
9. Modifications, cancellations and refunds of reservations.
9.1 Our HOSTS are responsible for how many modifications they make to a reservation through the leasing platforms or that they order to GoUppers (“Reservation Modifications”), and they agree to pay the fees for the services managed by GoUppers.
9.2 Our HOSTS, GUESTS and / or the USERS of their stay services can cancel a confirmed reservation at any time, subject to the reservation cancellation policies of the respective platform, through which they agreed to the service. In these cases of reservation cancellation, which may be by our HOST or the USER of the services, our HOST is obliged to pay GoUppers for the services that we have provided on the date of cancellation, according to our PAYMENT POLICY .
11.3 The HOSTS AND / OR GUESTS agree to cooperate with GoUppers and assist it in good faith, and provide it with information and adopt measures that GoUppers requests, within reason, in relation to all claims for damages and other complaints or claims made by the HOSTS AND / OR GUESTS relating to Accommodations or to any personal or other material property in the Accommodation.
12. Rounding, Currency Conversion
12.1 GoUppers may, at its sole discretion, round up or down the amounts payable to or from the HOST or GUESTS to the nearest whole functional base unit depending on the currency (eg, to the dollar, to the euro to any other nearest supported currency); For example, GoUppers will round an amount from USD 101.50 to USD 102.00, and USD 101.49 to USD 101.00. Regarding currencies that give rise to large numbers, GoUppers may determine the functional base unit in which those currencies are expressed so that they are 10, 100 or 1,000 of such currency; For example, GoUppers may round an amount from 1,045 to 1,050 and from 1,044 to 1,040, or from 837,500 to 838,000 and from 837,499 to 837,000.
13.1 As HOST, you are solely responsible for determining your obligations to declare, collect, remit or include VAT and other indirect sales taxes, occupancy tax, tourist tax or other visitor tax or taxes in your advertisement. on the income that may be applicable.
13.2 Tax regulations may require that we collect proper tax information from our HOSTS, or that we withhold taxes from payments to our HOSTS, or both. If a HOST does not provide us with the documentation that we deem sufficient to satisfy our obligation (if any) to withhold Taxes from the payments made, we reserve the right to freeze all payments, to retain the amounts that are required by law , or do both, until the issue is resolved.
13.3 You understand that any agency, department and / or competent authority of the place where your Accommodation is located may demand the collection of Taxes to HOST or GUESTS on the Rates per advertisement, and that they be sent to the corresponding Tax Authority. Laws may vary depending on the jurisdiction, but it is possible that these Taxes must be collected and remitted as a percentage of the Ad Rate established by the HOSTS, of a fixed amount per day or other variants.
13.4 In certain jurisdictions, GoUppers may decide, at its sole discretion, to facilitate the collection and transfer of Occupation Taxes from or on behalf of HOSTS or GUESTS, in accordance with these Terms, if said tax jurisdiction affirms that GoUppers or HOSTS They have an obligation to collect and transfer said Occupation Taxes. In any jurisdiction in which we decide to facilitate the collection and transfer of taxes directly, you hereby order and authorize GoUppers to collect the Occupation Taxes of the HOST on behalf of the HOST at the time the Fees are charged for announcement, and to remit said Occupation Taxes to the Tax Authority. The amount of Occupancy Tax, if any, collected and sent by GoUppers will be visible and indicated separately to the HOST and GUESTS in their respective transaction documents. In the event that GoUppers facilitate the Collection and Transfer, the HOSTS may not charge Occupancy Taxes that GoUppers is responsible for collecting in relation to their Accommodation in that jurisdiction.
13.5 You accept that any claim or cause of action related to the facilitation by GoUppers of the Collection and Transfer of Occupation Taxes, will not be extended to any provider or seller used by GoUppers in relation to the facilitation of the Collection and Transfer, if they are there is. The HOSTS and USERS agree that we may request additional amounts from you in the event that the Taxes collected or transferred are insufficient to fully pay their obligations to the Tax Authority, and that their only legal recourse regarding occupancy taxes collected is that The competent tax authorities will reimburse you for the Occupancy Tax charged by GoUppers in accordance with the applicable procedures available to such authorities.
13.6 GoUppers reserves the right, prior notification to the HOSTS, to cease the Collection and Transfer in any jurisdiction for whatever reason, at which time the HOSTS, GUESTS and USERS will again be exclusively responsible for the collection and / or transfer of all and any Occupancy Taxes that may be applicable to the Accommodations in that jurisdiction.
14. Prohibited activities
14.1 You are solely responsible for compliance with all and any laws, rules, regulations and tax obligations that may be applicable to your use of the services provided by GoUppers. In relation to your use of the GoUppers platform, you will not proceed to the following actions or help or allow others to do so:
• breach or circumvent any laws or regulations, contracts with third parties, third party rights or our Terms, Policies or Regulations are applicable;
• use the GoUppers Platform or its content for any commercial or other purpose that is not expressly contemplated in these Terms.
• use the GoUppers Platform in relation to the distribution of unwanted commercial messages (“spam”);
• offer, as ANFITRION, any Accommodation that you do not own or over which you do not have permission to make it available as a residence or other property through the GoUppers platform;
• Unless GoUppers explicitly allows otherwise, reserving an Ad if you yourself are not going to make effective use of ANFITRION’s Services;
• use the GoUppers Platform to request, make or accept a reservation outside of the GoUppers Platform, to avoid any Service Fees or for any other reason;
• request, accept or make any payment of Ad Fees outside the GoUppers platform. If you do, you accept and agree that: (i) you will be in breach of these Terms; (ii) accepts all risks and responsibility for said payment and (iii) exempts GoUppers from any responsibility for said payment;
• discriminate or harass people on the basis of race, national origin, religion, sex, gender identity, physical or mental disability, medical situation, marital status, age or sexual orientation, or otherwise engage in abusive or disruptive behavior ;
• use, display, reflect or frame the GoUppers Platform or the Content or any individual element of the GoUppers platform, the name of GoUppers, any trademark of GoUppers, logo or other information subject to property rights, or the design and the layout of any page or form contained in a page of the GoUppers platform, without the express written consent of GoUppers;
• tarnish, stain or otherwise damage the GoUppers brand in any way, including, but not limited to, the unauthorized use of Collective Content, the registration or use of GoUppers or derived terms in domain names, trade names, trademarks or others origin identifiers, or the registration or use of domain names, trade names, trademarks or other origin identifiers that closely mimic GoUppers domains, trademarks, slogans, promotional campaigns or Collective Content, or that are so similar to they misleading;
• use robots, web spiders, web worms, web scrapers and other automatic means or processes to access, collect data and other content from, or otherwise interact with, the GoUppers Platform for any purpose;
• avoid, obviate, withdraw, deactivate, impede, decode or try in any other way to evade a technological measure implemented by GoUppers or by any of the GoUppers providers or other third parties in order to protect the GoUppers Platform;
• try to decipher, decompile or disassemble software used to offer the GoUppers Platform or apply reverse engineering techniques to it;
• take any action that harms or adversely affects, or may harm or adversely affect, the performance or correct operation of the GoUppers platform;
• export, re-export, import or transfer the Application, except to the extent authorized by the laws of the United States and the applicable jurisdiction, and any other applicable laws; or
• infringe or violate the rights of any other person or harm any other person in any other way.
14.2 You acknowledge that GoUppers has no obligation to supervise the access or use of the GoUppers platform by any person or to review, deactivate access or modify any content, but it does have the right to act in such a way in order to ( i) operate, protect and improve the GoUppers Platform; (ii) ensure compliance by the HOSTS AND / OR GUESTS of these Terms; (iii) comply with current legislation or a judicial order or requirement or issued by law enforcement agencies and other administrative agencies or government bodies; (iv) respond to content that you determine to be harmful or offensive; or (v) as provided otherwise in these Terms. The HOSTS AND / OR GUESTS agree to cooperate and assist GoUppers in good faith,
14.3 If you have the impression that someone you interact with, whether online or in person, is acting or has acted inappropriately, such as someone (i) engaging in offensive, violent or sexually inappropriate behavior, (ii) who you suspect has stolen from you, or (iii) adopts any other disturbing behavior, you must immediately inform about said person to the corresponding authorities and then to GoUppers, contacting us provided with the police station number report (if applicable); provided that your notification does not oblige us to adopt measures beyond what is required by law (if applicable) or lead us to create any obligation for you.
15. Period of validity and extinction.
15.1 This Contract will be valid for 180 days, after which it will be automatically and continuously renewed for successive periods of 180 days until the moment you or GoUppers terminate the Contract in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email.
15.3 Without prejudice to our rights specified below, GoUppers may terminate this Agreement for convenience at any time with a thirty (30) day notice sent by email to your registered email address.
15.4 GoUppers may terminate this Agreement, immediately and without prior notice, in the event that (i) you have substantially breached your obligations under these Terms, the Payment Terms, our Policies or Rules, (ii) you has violated any law, regulation or rights of third parties that are applicable, or (iii) GoUppers deems in good faith that such action is reasonably necessary to protect the personal safety or material assets of GoUppers, its HOSTS AND / OR GUESTS or third parties.
15.5 In addition, GoUppers may adopt any of the following measures (i) to comply with the applicable legislation or with a judicial order or requirement, issued by law enforcement agencies or other administrative agencies or a government body, or in the event that (ii ) you have breached or violated these Terms, the Payment Terms, our Policies or Rules, any law, regulations or third party rights that apply to you, (iii) you have provided inaccurate, fraudulent, obsolete or incomplete information during the GoUppers Account registration, the Announcement process or later, (vii) GoUppers believes in good faith that such action is reasonably necessary to protect the personal safety or property of GoUppers, its HOSTS AND / OR USERS or third parties,or to prevent fraud and other illegal activities:
• deny the display, delete or delay any Announcement, Evaluation, Comment and other Content;
• cancel any pending or confirmed reservation;
• limit your access or use of the GoUppers platform;
• temporarily or permanently revoke any special status associated with your GoUppers Account; or
• temporarily or, in case of serious or repeated breach, permanently suspend your GoUppers Account.
In the case of minor breaches, and when applicable, GoUppers will notify you of any action taken and will give you the opportunity to resolve the problem in a reasonably satisfactory way for GoUppers.
15.7 Once this Contract has expired, you will not have the right to have your GoUppers Account or any element of its Content restored. If your access or use of the GoUppers platform has been limited or if your GoUppers Account has been suspended or we have terminated this Agreement, you will not be able to register a new GoUppers Account or access or use the GoUppers Platform through the GoUppers Account of another HOST.
If you choose to use the GoUppers Platform or the Collective Content, you will do so voluntarily and at your own risk and expense. The GoUppers Platform and the Collective Content are offered “as is”, without warranty of any kind, either express or implied.
You agree that you have had the opportunity you deem necessary to find out about the GoUppers Services, the legislation, rules or regulations that may be applicable to your Ads and / or ANFITRION Services that you receive and that it is not based on any statement of fact or right made by GoUppers in relation to an Ad.
If we decide to carry out an identity check or background checks on any Member, to the extent permitted by applicable law, we disclaim any warranty of any kind, whether express or implied, that such checks will end up detecting past inappropriate behavior on the part. of a Member or ensuring that a Member will not engage in inappropriate behavior in the future.
You accept that some Experiences, events and other ANFITRION Services may carry an inherent risk, and by participating in those ANFITRION Services, you decide to voluntarily assume such risks. For example, it is possible that some ANFITRION Services carry the risk of illness, injury, disability or death, and you freely and voluntarily assume such risks when deciding to participate in such ANFITRION Services. You assume full responsibility for the choices you make before, during and after your participation in an ANFITRION Service. In case you bring a minor as an additional HOST,
The above disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of the legally necessary guarantees, if any, will be limited to the maximum extent permitted by law.
17.1 Unless you reside in the EU, you acknowledge and accept that, to the maximum extent permitted by law, the entire risk arising from your access and use of the GoUppers platform and of the Collective Content, of your publication or reservation of an Advertisement through the GoUppers platform, your stay in any Accommodation, participation in an Experience or event or the enjoyment of any ANFITRION Service or any other interaction you have with other HOSTS AND / OR USERS, either in person or online. Neither GoUppers nor any other party involved in the creation, production or delivery of the GoUppers platform or the Collective Content will be responsible for any compensation for damages of a fortuitous, special, exemplary or emergent nature, in the contract, in a civil offense (such as negligence), in product liability or in any other legal basis, and whether or not GoUppers has been informed of the possibility of such damages, even if it is concluded that any remedy of those contemplated in the present has not achieved its fundamental purpose. With the exception of our obligations to pay the amounts to the corresponding HOSTS in accordance with these Terms, in no case the total responsibility of GoUppers that arises from, or is related to, these Terms and the use of the GoUppers platform, including, without limitation, its publication or reservation of any Ad through the GoUppers platform, or the use of, or inability to use, The limitations of the compensation for damages stipulated above are fundamental elements of the agreement between GoUppers and you. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you.
You agree to exempt, defend (at the discretion of GoUppers), indemnify and discharge GoUppers and its affiliates and subsidiaries from liability, as well as their managers, directors, employees and agents, against and against any claims, liabilities, compensation for damages and damages, losses and expenses, including, without limitation, reasonable expenses for legal and accounting advice, arising from, or are in any way related to (i) your breach of these Terms or of our Policies or Rules , (ii) the improper use by you of the GoUppers platform or any GoUppers Services, (iii) the interaction on your part with any Member, your stay in an Accommodation, your participation in an Experience, event and other ANFITRION Services , including without limitation,any injuries, losses or compensation for damages (whether they are non-compensatory sanctions, for direct, incidental, consequential or other damages) of any kind that arise in relation to, or as a result of, said interaction, stay, participation or enjoy, (iv) the Collection and Transfer of Occupation Taxes by GoUppers or (v) the infringement on your part of any laws, regulations or rights of third parties.(iv) the Collection and Transfer of Occupation Taxes by GoUppers or (v) the infringement on your part of any laws, regulations or rights of third parties.(iv) the Collection and Transfer of Occupation Taxes by GoUppers or (v) the infringement on your part of any laws, regulations or rights of third parties.
19. Arbitration and dispute resolution agreement
19.1 GoUppers agrees to participate in a consumer-friendly dispute resolution process. To this end, these Terms provide a two-part process for persons subject to the application of Section 19.1: (1) an informal negotiation directly with the GoUppers HOST service team, and (2) a binding arbitration administered.
• Arbitrators must be neutral and neither party may unilaterally select an arbitrator;
• The arbitrators must disclose any bias, interest in the result of the arbitration or relationship with any of the parties;
• The parties retain the right to file appeals in court for minor cases, at their discretion;
• There is a limit to the initial initiation fee for the consumer at 200 USD.
• The arbitrator can grant any recourse that the parties may have received through the courts to resolve the individual claim of the party.
19.2 Dispute resolution prior to arbitration and notification. Before initiating an arbitration, you and GoUppers agree that each will inform the other party about the dispute and will first try to negotiate an informal resolution to the matter.
19.3 Exceptions to the Arbitration Agreement. You and GoUppers each accept that the following claims constitute exceptions to the Arbitration Agreement and will be filed through a judicial procedure before a competent court: (i) any claim related to an effective violation or a threat thereof, with the appropriation improper or violation of copyrights, trademarks, trade secrets, patent rights and other intellectual property rights of one of the parties; (ii) any claim that attempts to obtain injunctive relief based on urgent circumstances (such as imminent danger or the commission of a crime, hacking, cyber attack).
19.4 Referee’s decision. The arbitrator’s decision will include the resolutions and essential conclusions on which the arbitrator based the award. The execution of the arbitration award may be requested before any competent court. The arbitrator may issue declaratory resolutions or grant precautionary measures only on an individual basis and to the extent necessary to exercise the redress that enables the individual claim of the plaintiff.
19.5 Absence of class action lawsuits or representative procedures. You and GOUPPERS acknowledge and agree that both of you waive the right to participate as a plaintiff or participating member in an allegedly class action lawsuit, class arbitration, private lawsuit with the effect of a general attorney or any other representative procedure regarding any of the Disputes. In addition, unless you and GOUPPERS agree otherwise in writing, the arbitrator cannot consolidate more than one claim submitted by one person nor can he in any other way preside over any form or class of representative proceeding. If this paragraph is declared unenforceable with respect to any Dispute, the entire Arbitration Agreement with respect to such Dispute will be deemed void.
19.6 Severability. With the exception of the provisions of Section 19.11, in the event that any part of this Arbitration Agreement is considered illegal or unenforceable, said provision will be separated and the rest of the Arbitration Agreement will continue with full force and effect.
19.7 Changes. Without prejudice to the provisions of Section 3 (“Modification of these Terms”), in the event that GOUPPERS changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date on which you have last accepted Once these Terms (or accept any subsequent change to these Terms), you may reject any change by sending us a written notification (including by email) within thirty (30) days from the date on which said change became effective, as indicated on the “Last update” date located above or on the date of sending the email with which GOUPPERS has notified you of said change. By rejecting any change,
Comments, comments and suggestions to improve the GOUPPERS Platform are welcome and we encourage you to send them to us (“Comments”). You can send us Observations by sending us an email, through the “Contact” section of the GoUppers platform or by other means of communication. Any type of Observations that you send us will be considered non-confidential and without property rights corresponding to you. By submitting Feedback to us, you grant us a non-exclusive, international, royalty-free, irrevocable, sublicensable, and perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. General provisions
21.1 With the exception of supplements that may be formed by additional terms and conditions, policies, guidelines or regulations, these Terms constitute the entire Contract between GOUPPERS and you in relation to the object thereof, and supersede any and all agreements or pacts , orally or in writing, between GOUPPERS and you in relation to the access and use of the GoUppers platform.
21.2 There is no joint venture, cooperation, labor or agency relationship between you and GOUPPERS as a result of this Agreement or your use of the GoUppers platform.
21.3 These Terms do not confer or intend to confer any right or remedy in favor of any person other than the parties.
21.4 If any of these Terms is deemed void or unenforceable, such provision will be removed and will not affect the validity and effect of the other provisions.
21.5 The non-application by GOUPPERS of any right or provision of these Terms will not constitute a waiver of said right or provision unless we acknowledge or accept it in writing. Except as expressly provided in these Terms, the exercise by any of the parties of any of its resources contemplated in these Terms will be without prejudice to its other resources contemplated in these Terms or otherwise provided by law.
21.6 You may not assign, transfer or delegate this Agreement or your rights and obligations under it without the prior written consent of GOUPPERS. GOUPPERS may assign, transfer or delegate this Agreement and any rights and obligations by virtue of it, at its sole discretion, giving 30 days notice in advance. Your right to terminate this Agreement at any time will not be affected.
21.7 Unless otherwise indicated, any notice and other communications intended for HOSTS AND / OR USERS, necessary or permitted under this Agreement, will take place in writing and will be delivered by GOUPPERS by email, by means of notification on the GOUPPERS Platform. or by message (including SMS and WeChat).
21.8 If you have any questions about these Terms, you can send us an email.
Terms of Service
IF YOU RESIDE IN THE UNITED STATES, YOU MUST TAKE INTO ACCOUNT THE FOLLOWING: SECTION 34 OF THESE TERMS AND CONDITIONS OF SERVICE INCLUDES AN ARBITRATION CLAUSE AND A CLASS CLAUSE WAIVER. THIS AFFECTS THE WAY IN WHICH CONFLICTS ARE RESOLVED WITH GoUppers. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. INCLUDE SEVERAL LIMITATIONS AND EXCLUSIONS, A CLAUSE GOVERNING JURISDICTION AND JURISDICTION