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Terms of Use
Website Terms of Use - Terms, conditions and Privacy policy

Terms of use referred to www.avaibook.com website (hereinafter WEBSITE) property of AvaiBook on-line S.L.,registered in the Zaragoza (SPAIN) Mercantile Register in volume 3774, book 0, sheet 119, page Z50074, date 26/04/2010 - VAT number: ES-B99279622 (hereinafter AVAIBOOK).

By using the WEBSITE, you indicate that you abide all terms established in this document according to each user's profile.

Hereinafter we will refer to the natural or legal person using AVAIBOOK to manage vacation rental accommodations as the OWNER.

Hereinafter we will refer to the person who checks availability or makes a reservation, through an OWNER's WEBSITE or through any of the PORTALS or PARTNERS where the OWNER advertises, as the TRAVELLER.

Hereinafter we will refer to the natural or legal person using AVAIBOOK to manage vacation rental accommodations as the PARTER or PORTAL, which is somehow technically integrated, for instance, a portal displaying the accommodations information on its WEBSITE or application, or any company using AVAIBOOK services in all its solutions..

Owners' clauses

  • Legitimacy: the OWNER guarantees AvaiBook that he has the legal power and the necessary free disposal to manage his accommodations through AVAIBOOK, assuming the responsibility for providing truthful accurate and constantly updated identification, about his/her identity and the properties he/she manages using his/her account.

  • Service definition: AVAIBOOK offers the OWNER an integrated Software to manage holiday accommodations. Among the services offered, the following should be noted (without restrictions):

    1. Centralized availability calendar service (which allows the owner to benefit from an availability calendar for his/her own website or other websites; the calendar will automatically update with those booking channels integrated with AVAIBOOK in which the owner advertises his/her properties)
    2. Booking engine (which allows to enjoy a secure booking engine, where it is possible to receive online bookings from the accommodation website or from some portals integrated with AVAIBOOK, if the OWNER sets it that way)
    3. Channel manager (connexions to portals in order to automatically update dates, prices and reservations. Each portal allows a different update)
    4. Booking Direct Payments BDP and BDP Plus (card payments collection management for reservations managed through AVAIBOOK)
    5. Planning and accommodation management system in general (which allows the owner to manage bookings, planning, check in and check out, etc.)
    6. Some optional modules and additional tools (optional features for the OWNER, for him to manage his accommodations faster, such as a module to generate invoices and receipts, or the BDP Plus module to collect debit or credit card payments)
  • Booking engine - operating modes: the OWNER can set the booking engine in "Direct booking" mode or "On request" mode. In case of setting "Direct booking" an online booking is automatically confirmed if the dates are available. In case of setting "On request", bookings must be accepted or refused by the OWNER in any case. In case the OWNER chooses "Direct booking" mode, it is mandatory to keep his availability calendar permanently updated, in order to avoid duplicate reservations (overbooking). In case the calendar is not updated and a duplicate reservation occurs, the OWNER must give priority to the booking made through AVAIBOOK or, in default, provide the traveller with another accommodation of equal or higher quality for the same or a lower price at the desired dates, he must manage the change and any additional costs this may have (or he may reach a mutually agreed solution with the traveller). The Booking Engine works always according to the settings chosen by the OWNER (availability, rates, cancellation conditions, prepayment...). He shall be liable to keep these settings updated and accept the bookings he receives. When receiving a reservation, a specific amount, determined by the OWNER, is charged as a Prepayment in order to confirm the reservation. This amount will be paid by Card or Bank transfer, depending on what the OWNER has set and the booking mode conditions (on request reservations can only be paid by card). When booking through AvaiBook booking engine, a prepayment is required to confirm the reservation, since full card details are not required. In case of Card Payment, if it is not a CES or 3D secure operation, the OWNER shall be informed and he is responsible to verify the identification and ownership of the payer and the card being used when the traveller arrives to the accommodation, as well as keep documentary evidence of the acceptance of the payment by the traveller (through a booking voucher, a receipt or something similar). Even though the payment is operated through its payment gateways, AVAIBOOK never acts as an intermediary, an agency or a similar figure. It is only a technical tool (Booking Engine) bought by the OWNER.
  • Optional BDP Plus module - operating mode: the OWNER may buy this module which allows him to charge his clients (travellers) any amount related to their stay, via credit or debit card. The OWNER shall always use this module with the express consent and acceptance of the holder of the card in which he charges the corresponding amount and with reference to the concept and the service being offered. And he is always responsible for verifying the identification and ownership of the payer and the card being used, as well as to keep documentary evidence of the acceptance of the payment by the traveller (through a booking voucher, a receipt or something similar), especially when this transaction is not a CES or 3D secure operation. The OWNER is responsible for using this service, according to the security terms related to card data.

  • AvaiBook plans and Costs: AVAIBOOK offers different service packs with different Plans, Modules and Services. Every one of them has specific rates. The OWNER must always be informed of these rates when hiring or using them, and he accepts these rates when using the services. When registering, an OWNER may choose the desired plan, assuming he shall work according to its conditions, features and costs. The OWNER may change his plan from his private area, according to the changing conditions disclosed in the plans section in his AVAIBOOK private area. All costs are displayed without taxes, unless otherwise specified.

    The main kinds of costs the OWNER can have (without limitation, and taking into account that the valid costs are those which appear associated with each service on the website) are the following:

    • reservations cost, made through the engine or any other method we manage

      • 1 € per reservation, as administrative expenses fee

      • 2%* per transaction in concept of financial commission in the payment plans. This commission will be 5% in the free subscription. * there will be an additional commision of 2% for cards outside SEPA, B2B virtual cards and AMEX

        These charges are never refunded in case of cancelled reservations. In case the prepayment must be refunded to the traveller, he must pay for the aforementioned commissions. In these cases, travellers are informed before the end of the reservation.

    • minimum monthly payment (only in some plans, where specified)
    • periodical fee (only in some plans, where specified)
    • particular cost of some of the particular modules or features (for any of the plans in case the OWNER hires any of the optional modules). The modules may have a purchase fee, a periodical fee or even a use fee (such as the BDP Plus module to make credit card payments).

    • other particular fees, like the following:

      • accommodation validation fee (in some of the published validation modules)
      • money transfer to the OWNER's bank account fee when the payment threshold is lower than 125€
      • penalty fee in case the OWNER cancels a booking in certain cases
      • particular fees for any development or adaptation requested by the OWNER (on previous estimate)

    Booking engine fee: this fee may change according to the following conditions (it must be taken into account that the OWNER may use the online bookings for his own website, or activate it for certain portals integrated with AVAIBOOK, that may charge a particular commission -section c-):

    1. An online or on request booking 1€ fee as administrative expenses which, by default, must be paid by the owner, unless he decides to set it for travellers to pay it. The applicable rates will always be displayed in the OWNER's private area (on the section my account>my plan).
    2. A "financial" fee depending on the payment method chosen by the TRAVELLER to pay the reservation. (This commission will be calculated on the amount fixed by the OWNER as prepayment for an online booking, and it will depend on the payment methods activated by the OWNER, among those that AVAIBOOK offers, Each payment method's's fees are displayed on the website area where the owner may set them) .
    3. If, occasionally, a portal integrated with AVAIBOOK offers reservations through our booking engine, it may charge a booking fee. In such a case, this fee will be charged to the OWNER by AVAIBOOK (who will take care of the payment to the aforementioned portal). In any case, if a portal charges any fee, it must inform the OWNER about it. He shall know it and accept it in order to receive bookings through this PORTAL. In this case, AVAIBOOK is a technological tool used by the PORTAL and the OWNER and it works according to the settings determined by both parties. These parties are both obliged to be informed and accept the terms. AVAIBOOK shall not be liable for any of it.

    Channel manager cost: reservations received through portals that are connected can have a fee, the OWNER chooses the portals he wants to connect with, and bears these commissions, as the case may be:

    1. 1€ for each reservation you download and store, whatever the channel (iCal or XML). (VAT excluded)
    2. 2 %* per transaction carried out by the BDP and BDP Plus online tool with the payment plans. This commission will be 5% in the free subscription. (VAT excluded) * there will be an additional commision of 2% for cards outside SEPA, B2B virtual cards and AMEX

    Monthly minimum payment: This option is no longer valid. Only for the owners who have purchased it. It means that a minimum payment will be evaluated at the end of every calendar month, it will be compared against the total amount invoiced by AVAIBOOK to the OWNER during the month. In case the total amount the OWNER is billed by AVAIBOOK that calendar month is not equal or higher than the minimum payment, AVAIBOOK shall charge the OWNER the difference. In order to calculate the amount billed, all the services offered by AVAIBOOK to the OWNER will be taken into account. Except in exceptional cases, in such a case, this must be specified.

    Periodical fee: In the plans where this is specified, there will be a periodical fee charge monthly, semi-annually or annually for hiring the service during a period of time. There is no minimum term. You may unsuscribe whenever you want. However, the plan payment will not be refunded.

  • Money flow and billing options ("Owner's account in AVAIBOOK"): Every owner has an accounting section in AVAIBOOK, also called "owner's account". The OWNER's accounting situation, with regard to AVAIBOOK, is centralised here. The OWNER's revenues ( when he receives some amount through our service) are displayed here, as well as his expenses (which correspond to AVAIBOOK's fees).

    OWNER’S REVENUE: those payments the OWNER receives through those AVAIBOOK services which have integrated payment gateways, such as the Booking Engine and the BDP Plus module (card payment collection). For instance, when he receives an online booking or he charges a traveller some service through the card payments module. Payments made by card paying specific AVAIBOOK's services will also be part of the owner's revenues .

    OWNER'S expenses: (which correspond to AVAIBOOK's services fees).

    Availability: every movement displayed in the "owner's account" will have an availability date, which is determined according to different security parameters, such as the cancellation policy or the anti-fraud measures, for instance. The availability shall always be displayed in this section and before the aforementioned date arrives, the amount will not be available in the "owner's account", being legally protected by AVAIBOOK during that period of time. In addition, the OWNER can see the available amount and the withheld amount in his account.

    Money sent to the OWNER, or direct debit if it be the case: The available balance in the "owner's account" is evaluated every day. If the aforementioned amount is greater than the billing threshold set by the OWNER, this amount is sent via ordinary bank transfer. However, in case this balance is negative (payable to AVAIBOOK), a direct debit will be sent to the owner's bank account in order to pay that amount. THE OWNER must accept these payments.

    The money in the "owner's account" is always the OWNER's money. AVAIBOOK is just a technical tool which protects and manages it according to the conditions specified here.

  • AVAIBOOK service billing: All service costs are automatically charged through our system in accordance with the Spanish and European accounting law and according to the financial data provided by the OWNER, who is responsible for the truthfulness of these data . Bills are available in an electronic format always through the OWNER's private area in AVAIBOOK. THE OWNER is responsible for obtaining the above mentioned bills and managing them according to the corresponding accounting laws.
  • Procedure and conditions to switch Plan in Plans with a minimum payment: the OWNER is responsible for all cost than may arise from the plan he has. This responsibility cannot be rejected. Even though, he can change plans as many times as he desires as long as he meets the conditions for a change of plan: It is possible to move to a higher value plan at any time. The new plan features take effect immediately. It is possible to move to a lower value plan as long as the new plan limitations are respected, (For instance, if the OWNER has 8 accommodations and the plan he wants to move to is limited to 5 accommodations,he will need to cancel 3 of them, so he meets this requirement), and only during the 5 first calendar days of every month.
  • Procedure and conditions to switch Plan in Plans with a Periodical fee: the OWNER is responsible for all costs that may arise from the plan he has and he must undertake every period payment beforehand. The OWNER can change plans as many times as he desires as long as he meets the conditions for a change of plan: It is possible to move to a higher value plan at any time (it is possible to choose if the change takes effect immediately -in which case he waves the amount paid for the last period of the old plan-, or if it takes effect when the last paid period ends -this is taken to mean, in the next renewal-). It is possible to move to a lower value plan as long as the new plan limitations are respected. It is possible to move to a lower value plan, at any time, as long as the new plan limitations are respected. (For instance, if the OWNER has 8 accommodations and the plan he wants to move to is limited to 5 accommodations, he will need to cancel 3 of them, so he meets this requirement). The change will take place immediately, in which case he waves the amount paid for the last period of the old plan.
  • Renewal and cancellation: The service will keep renewing automatically, for the periods that have been hired, unless its cancellation or "not renewal" is requested by the OWNER. Or in case AVAIBOOK considers that the OWNER is not making a proper use, licit and according to the present SERVICE CONDITIONS. In both cases, the amount already collected is not refunded by AVAIBOOK, even if it hasn’t been used, when owners unsubscribe.
  • Anti-fraud feature: This is a security and reliability mechanism for the TRAVELLER against possible false accommodations. The money charged as an prepayment for an online booking through our booking engine shall be withheld in the "AVAIBOOK owner's account" until two days after the reservation start date. This measure allows the accommodations to appear reliable and the TRAVELLER to trust it when booking. If the Anti-fraud feature is activated, AVAIBOOK commits to refund the prepayment (after the commissions are subtracted) to the TRAVELLER, if the accommodation did not exist or was fraudulent. This must be notified within 48 hours from the beginning of the booking start date. AVAIBOOK will refund the amount paid in advance to TRAVELLER (less commissions Booking Engine). This shall not take into account any kind of disagreement between the TRAVELLER and the OWNER about service deficiencies or any other reason different to the non-existence of an accommodation or the irrefutable existence of a fraudulent accommodation. The OWNER will be able to choose if he wishesto activate or not this feature as long as the accommodation is verified. The owner accepts that this feature is activated as long as an accommodation is not "verified".

  • Verification of accommodations: AVAIBOOK offers the OWNERS the possibility to verify the existence of the accommodations he manages, in such a way as the non-existence of the accommodation or the possibility of a fraud are dismissed. For this purpose, AVAIBOOK offers the verification service through different procedures which are disclosed in AVAIBOOK's owner's private area. The OWNER accepts these methodsand their costs (published at any time on AVAIBOOK), and in case of using any of them to verify an accommodation, he is responsible of providing real, truthful and reliable information about it.

    As a security measure, the AVAIBOOK's booking engine works with the Anti-fraud feature activated by default, since a new accommodation is registered until this accommodation is verified. At that moment, it is the OWNER's choice to activate this setting. In such a way, a recently registered accommodation can be booked by the TRAVELLER, counting on the Anti-fraud security feature.

  • Traveller invoicing: the OWNER is liable for invoicing the TRAVELLER with regard to the bookings or any other service offered. In case the OWNER has bought the optional module "invoices and receipts", he will be able to invoice through this tool. However, the service offered as well as the amounts charged and the receipts or invoices generated are his responsibility. AVAIBOOK is only a technical tool used by the OWNER.

  • Cancellations Policy: the OWNER is responsible for determining the cancellation policy he prefers for each one of his accommodations, and for enforcing it for each one of the reservations received through the AVAIBOOK's online booking engine.

    The TRAVELLER accepts the current cancellation policy when making a reservation. He is obliged to read and expressly accept the booking conditions.The current cancellation policy is included in the aforementioned booking conditions.

    There are two different parts in the Cancellation Policy:

    1. Cancellation policy guaranteed by AVAIBOOK: the owner determines the date by which he allows the TRAVELLER to cancel and obtain a refund of the prepayment made when booking.
    2. OWNER's direct Cancellation Policy: It is optional to the OWNER and takes effect after the one "guaranteed by AVAIBOOK". In such a way as once the TRAVELLER cancellation deadline has finished (according to the first policy, type a), the one offered directly by the OWNER takes effect.

    AVAIBOOK acts as a "trusted third party". It shall always make available for both parties the Cancellation Policy, accepting by both parties when booking.

    AVAIBOOK guarantees the TRAVELLER only type A Cancellation Policy. It shall protect the amount paid by the TRAVELLER when booking, until the end of the period while he would have the right to a refund in case he cancelled his reservation. In such a case, AVAIBOOK manages the refund directly, subtracting the booking engine costs (online booking fee, "financial" fee for using the payment gateway and occasionally the portal's commission if there was one and it was "non-refundable").

    The TRAVELLER may cancel a booking via the web form mentioned in the confirmation booking email.

    The OWNER is obliged to always take care of the bookings received through AVAIBOOK's Booking Engine. Sometimes, however, an exceptional situation will arise from events of force majeure. In such a case, the OWNER may cancel the reservation. In such a case, the OWNER must pay some penalties calculated according to each booking and the cancellation reasons. In addition, the OWNER is obliged to communicate the circumstance directly to the TRAVELLER and offer other accommodation of similar or higher quality without any additional cost to him, or reach a particular agreement. In case of a cancellation made by the OWNER, being the money in the "owner's account", AVAIBOOK shall manage the refund to the TRAVELLER as a guarantee of return. It will deduct the booking engine costs (online booking fee, "financial" fee for using the payment gateway and occasionally the portal's commission if there was one and it was "non-refundable").

    Whatever cancellation policy is valid and agreed by both parties when making a reservation, AVAIBOOK shall always admit a bilateral agreement between the parties that may resolve the incident, rejecting any responsibility for this matter with any of the parties.

    AVAIBOOK shall always keep a record of the cancellation policy valid and agreed by both parties when making a reservation, as well as the information proving that both parties admitted it, and since it plays an impartial role, it shall make available for both parties or their legal representatives, as well as for any official organism that so requires, the aforementioned records proving both parties' commitments when making the reservation.

  • ChargeBacks: in case the OWNER receives a chargeback initiated by a customer who has paid through any of the services using AVAIBOOK’s card payment gateway (such as the Booking Engine and the BDP Plus card payment module). The OWNER shall be financially responsible for all chargeback claims (the amount will be charged against his “owner's account”). The owner must also provide any documentation that may be requested proving he has verified and identified the payer and the card. He must provide documentary evidence as a proof of acceptance and understanding by the payer of the service provided corresponding to the aforementioned charge. AVAIBOOK will take care of the representation of such an operation, through the payment intermediaries, AVAIBOOK suppliers, and according to their procedures, in order to protect the owner's interests at all times, using the information provided by himself. If as a result of the aforementioned representation, AVAIBOOK considers the charge suitable, the chargeback will be cancelled and the amount will be refunded directly to the "owner's account".
  • OWNER'S RESPONSABILITIES: THE OWNER shall be solely responsible for complying with applicable legal, fiscal and tributary requirements according to the corresponding laws and regulations. AVAIBOOK assumes no responsibility in this regard.

Travellers' clauses

Those specified in the BOOKING CONDITIONS when making a reservation. Since there is no registration or service offered by AVAIBOOK directly to the TRAVELLER, apart from allowing him to make an online booking of an accommodation property of an OWNER who uses AVAIBOOK.

Portals and Partners Clauses

  • Legitimacy: the PARTNER or PORTAL guarantees AvaiBook that he has the legal power and the necessary free disposal to integrate its service with AVAIBOOK's Platform, assuming the responsibility of providing authentic, accurate and permanently updated information about his identification and the services offered, related to the integration with AVAIBOOK.
  • Services offered: AVAIBOOK offers information synchronisation services (availability calendar, rates, other accommodation data) and booking engine to the integrated PORTAL. These services may be integrated through different options displayed in the PORTAL's private area, such as widgets, web pages, integrable at PORTAL's website iframes, and a number of XML or APL callbacks.
  • Information synchronisation: This service aim is to keep the important information of the accommodation automatically updated (such as the availability calendar) managed through AVAIBOOK, and also to allow advertising or the use of some of the PORTAL or PARTNER services. Bilateral synchronisation is possible.

  • Booking engine: This service aims to allow the PARTNER or PORTAL to send online bookings to an OWNER who uses AVAIBOOK, via the AVAIBOOK's booking engine. This service allows the PORTAL to determine a commission for every online booking confirmed (which can be refundable or not, in case of a booking cancellation). In addition, there are several settings the PORTAL can establish to define how the booking engine works with regard to the reservations made from its service. These settings are mandatory and prevail over those of the OWNER.

    The PORTAL is obliged to inform the OWNER in detail about the commissions(if any) and about its particular settings, when activating the PORTAL's service that may generate bookings via AVAIBOOK'S Booking Engine.

  • Limited liability: AVAIBOOK does not assume any responsibility in case of loss of service it may have due to technical problems, and it shall always try to have the maximum service availability. AVAIBOOK rejects any responsibility, with regard to the PARTNER or PORTAL services, that may be caused by acts oromissions, by any technical failure, loss of AVAIBOOK's service or any incorrect implementation of the services.
  • Particular conditions and services rates: the specific cooperation conditions between AVAIBOOK and the PARTNER shall be contained in a particular conditions document or a contract. The rates and fees of the services shall also be contained in this document.

Legal notice

AVAIBOOK links the present document and the use of the WEBSITE in general to this Legal notice, in which all aspects of the data protection policy, among others, are contained. And the OWNER acknowledges and agrees this Legal Notice.

AVAIBOOK reserves the right to update these terms of use and freely modify them. This acceptance is valid for the conditions contained in this document at any time.