THE GENERAL CONDITIONS ESTABLISHED FOR THE PROVISION OF THE CARD PURCHASE SERVICE AS A METHOD OF PAYMENT

These general conditions regulate the terms and conditions under which Gateway TPV will provide owners or managers of vacation rental ("Client") who subscribe to this service through AVAIBOOK's technological platform, the payment service of acquisition of cards consigned under the flags or brands that support the "payment card systems" to which Paytpv is linked directly or through the merchant number of its bank, establishing the terms and conditions under which Paytpv will provide this service of "acquisition":

  1. processing the payment operations of its clients ("travellers"), destined to the acquisition of its services and initiated with cards through the Virtual POS provided by Paytpv to AVAIBOOK which is integrated in the technological platform of this entity ("booking engine"), and
  2. by paying the amount into the associated bank account designated by the "", provided that the transaction has actually been carried out by the cardholder and that the "" has complied with the obligations imposed by these general conditions.

For the purposes of these general conditions, the "Client" states that does not have the condition of consumer, nor of microenterprise since it acts with a purpose related to its commercial activity, business, trade or profession.

Obligations of the "Client"

The "Client" is obligated to:

  1. Refrain from using the card payment acquisition service offered by Paytpv to carry out operations that does not have a commercial nature or having that nature are not included in the activity or habitual transfer declared to Paytpv. In particular, the use of the service on behalf of third parties or for the processing of operations related to goods and services supplied by third parties is prohibited, unless this is the activity declared by the "Client" to Paytpv.
  2. To comply at all times with the legal regulations applicable to the marketing of its services, including the codes specified in the particular conditions of conduct to which it adheres, having all the administrative authorisations necessary to carry out its activity and to adopt the technical and organisational measures that for regulatory requirements or prudential reasons are adequate to guarantee such compliance in a reasonable and continuous manner. In particular, the "" must strictly observe all consumer and user protection and advertising regulations.
  3. Refrain from offering products and services that do not meet all the requirements required by law or whose trade is illegal. Do not process transactions that are illegal. Refrain from distributing content or articles that: 1) may incite violence or discrimination for any reason, 2) violate the rights of the child or harm the normal development of the personality of children, 3) consist of gambling activities such as casinos, bingos, etc., through the Internet, 4) are sexually explicit or 5) damage the good name or reputation of Paytpv.
  4. Guarantee that its employees, agents and other authorized persons are aware of the contents of this agreement and comply with the obligations that the "Client" derives from it, in particular with the rules governing the operation of the Payment Systems, assuming full responsibility for the actions or omissions of such persons without any limitation.
  5. Communicate to Paytpv the proposed or performed operations that show signs of being anomalous, communication that it will do by the fastest means as soon as it detects those signs, in such a way that the execution or repetition of irregular operations can be avoided.
  6. Not to process operations that do not respond to the effective provision of the service offered by the "Client", being prohibited the use of payment systems that are made available to carry out operations intended to self-finance.
  7. To attend and resolve any complaint or claim related to the provision of the service whose payment has been made by card under these general conditions, not involving Paytpv in its resolution and assuming directly before the claimant all responsibilities that, where appropriate, correspond to the marketing of such services.
  8. To hold Paytpv harmless from any claim by cardholders, Payment Systems, issuing entities or third parties for damages related to the processing of payment transactions under these general conditions.
  9. To fulfil the obligations of the "Client" derived from these general conditions, in accordance with the applicable legislation.
  10. Submit card purchase transactions to Paytpv for settlement, in accordance with these general conditions only from the countries that the "" indicated to Paytpv.

Specific conditions for distance or off-site sales

Distance or off-site sales are understood to be any transaction for the sale of products or services carried out without the physical presence of the purchaser or that such transaction is not carried out within the premises of the Commerce, such as for example mail, telephone, Internet. Only transactions made with cards that comply with the security requirements that Paytpv Payment Entity establishes at all times at its sole discretion will be accepted by Paytpv Payment Entity for processing and settlement.

Linked credit memo account

The "Client" must designate and maintain in operation during the term of these general conditions a bank account ("linked credit memo account"), in which the "Client" intervenes as sole holder, where the amount of the payment transactions will be credited. The linked credit account must be opened at a financial institution authorised in Spain or the European Union, which Paytpv approves.