Conditions of Service
1. Acceptance of the Contract: In publishing a new property on the discussed website (www.barcelona-home.com) the Owner and/or Manager of the property fully accepts the following terms and conditions.
2. Apartment Information: The Owner and/or Manager will provide Barcelona Home all of the information related to the property, including photos of the space, the available equipment, the number of bedrooms, information about prices, key return procedures and, in general, whatever other information is necessary for the reservation of the apartment and the drafting of the corresponding only profile for the property.
The information provided by the Owner and/or Manager to be displayed on the website of Barcelona Home will in all cases adhere to the standards set by Barcelona Home in the following terms and conditions. This information will in no case contain direct references to the ownership of the property or the telephone, fax, website or any other personal information of the Owner and/or Manager, who reserves the right to dictate which of these data (if any) may be uploaded on the website by Barcelona Home.
The Owner and/or Manager commits to providing only information that is truthful, correct and that is not misleading. Furthermore he or she undertakes to keep up-to-date the calendar of availability and information on rates in a reliable manner (through the use of the Extranet).
Barcelona Home reserves the right to use in a successive manner the rates most recently submitted by the Owner and/or Manager in the case that this information is not updated by the Owner and/or Manager.
The Owner and/or Manager commits to informing Barcelona Home of any changes or modifications that made on the published conditions or equipment of the apartment.
Barcelona Home will take care to diligently process the photos, descriptions and information related to the property before its publication on the website.
The Owner and/or Manager will not use this content in any way, neither as information support, nor in any other type of distribution or dissemination.
All information about the accommodation (equipment, conditions, photos, details, etc) presented online in the reservation portal of Barcelona Home is provided and verified by the Owner and/or Manager, who implicitly accepts the published content after his verification. All consequences (cancellations, compensations, penalties, etc.) resulting from misinterpretations, misconceptions, errors, falsifications and deceptions in the this information, will be the responsibility of the Owner and/or Manager and Barcelona Home will be granted complete indemnity. In no case can Barcelona Home be held responsible for the content of this information.
The landlord or manager of the apartment allows Barcelona home to publish photos and all the information related with the properties published on Barcelona Home, being Barcelona-home.com as well as on other platforms that Barcelona Home uses for advertisement.
3. Legality of ownership or management: The Owner and/or Manager declares under his own only responsibility that he or she is the owner of the apartment or that, in the absence of such owner, that he or she has the rights or authorization necessary for the management of the accommodation advertised on the page www.barcelona-home.com. In the case that Barcelona Home noticed the property advertised does not comply with the legality; for it lacks the licenses, administrative or private authorizations for its publication, promotion or the service rendered by Barcelona Home on the property, or cannot be used for the intended purpose, Barcelona Home will withdraw the announcement. This shall serve as a reminder that each accommodation advertised as a vacation rental must include in its profile the HUTB license corresponding to its exact address. or the Registration Number in the registry of the Tourism Department of the administrative authority were the property is located.
4. Condition of the property: The Owner and/or Manager declares under his own only responsibility that in the moment of publication on the Barcelona Home web portal the property is in top condition (both in its structure, safety conditions, accessibility, habitability and furnishing) in order to guarantee the maximum comfort of guests. Furthermore, the Owner and/or Management declares under his own only responsibility that all of the services of the accommodation are mentioned in the advertisement, that they are to be found in perfect working and maintenance condition and that all of the bills and invoices on them are paid.
5. Typology of stay: The Owner and/or Manager declares under his own responsibility that the property meets all of the characteristics necessary for its operation as a tourist residence or as a residence for seasonal rental, declaring to be aware of the applicable regulation and be in possession of the requirements, permits and authorisations demanded by the public administration where the property is located, and aiming at the intended use foreseen in this contract.
6. Business management: Barcelona Home will promote the accommodation through the website www.barcelona-home.com, offering an intermediation service between the tenant and the Owner and/or Manager, with a percentage which the company will add to the net price indicated by the Owner and/or Management and which will be charged to the client in the moment of booking the reservation.
The reservation becomes effective once the client pays the percentage corresponding to the fees of Barcelona Home established for the property. The Owner and/or Manager receives his payment at the moment of CHECK IN, directly from the client.
The economic margin of Barcelona Home can be modified at any time (both increase and decrease), according to market conditions or in the case that some change occurs that affects the characteristics of the advertised property.
In such a case, the Owner and/or Manager will be notified of these changes, for information purposes only.
7. Services included in commercial management: The margin charged by Barcelona Home includes the following services:
- Publication and promotion of the property on the website web www.barcelona-home.com
- Translation of the description and information about the accommodation in all languages available on the website.
- Management of potential clients and reservations for your accommodation through email, telephone and in person.
- Notification of visits with potentially interested clients.
- Automated system of reservation confirmation through email.
8. Responsibilities of the Owner and/or Manager: The Owner and/or Manager (or collaborators) is responsible for managing and coordinating the following tasks:
- Security deposit: The Owner and/or Manager (or collaborators) is the one responsible for determining the amount that will be charged to the tenant in terms of a security deposit to cover damages.
- The Owner and/or Manager (or collaborators) is responsible for keeping the deposited amount for the client until the day the client leaves the accommodation, aiming at proceeding with its refund, as explained in coming sections n) and p).
- Check in 24/7: Upon receipt of the reservation confirmation, the Owner and/or Manager should contact the tenant to coordinate his arrival and the procedure of handing over of the keys. (The landlord must provide the tenant a minimum of 2 sets of keys per reservation, incase there is an intermediate company which manages the accommodation, they must also be provided with an additional key to guarantee access in the case that the tenant misplaces or loses the key during their stay).
The email address and telephone number of the owner, manager or collaborator by him designated, will be supplied to the tenant at this time.
- From the moment the reservation is made, contact should be maintained between the tenant and the Owner and/or Manager (or collaborators). Said communication will be over telephone or email.
- The Owner and/or Manager (or collaborators) is responsible for charging the tenant for late arrival under the relevant circumstances.
- Cleaning of the accommodation and bedsheets: The cleaning of the accommodation between stays will be the responsibility of the Owner and/or Manager (or collaborators).
- It will be the responsibility of the Owner and/or Manager (or collaborators) to provide at the beginning of each stay: clean bedsheets, towels and kitchen linens in a quantity sufficient for the number of guests staying at the accommodation.
- In no case will Barcelona Home be responsible for the cleaning of the accommodation or for the cleaning (or lack thereof) of the bedsheets and towels.
- Customer care and troubleshooting: It will be the responsibility of the Owner and/or Manager (or collaborators) to attend to whatever need that the tenants might have during their stay, as well as to manage whatever problem may arise during this time.
- All compensations to the client resulting from the lack of services or lack of equipment will be the responsibility of the Owner.
- In no case will Barcelona Home be responsible for attending to the needs of clients, troubleshooting or solving problems that arise from missing equipment, whose resolution is responsibility of the Owner, Manager or collaborator.
- Maintenance costs (water, light, gas, internet) are the responsibility of the Owner and/or Manager (or collaborators).
- The Owner and/or Manager (or collaborators) will establish the precedents for leaving the accommodation and the assessment of damages together with the tenant.
- Return of deposit: The Owner and/or Manager (or collaborators) is responsible for establishing the procedures and coordinating the return of the deposit to the tenant once the tenant has left the accommodation.
- Assessment of damages: The Owner and/or Manager (or collaborators) is solely responsible for assessing the cost of damages and for discounting this amount from the deposit each time damages are caused inside of the accommodation or on the surrounding property.
- In no case will Barcelona Home act in place of or on behalf of the Owner and/or Manager in front of clients to assess unexpected damages caused to the accommodation or property and/or discount this amount or retain this quantity.
- Ordinary and additional maintenance: The Owner and/or Manager (or collaborators) is responsible for the ordinary and additional maintenance and upkeep of all furnishings: furniture (indoor and outdoor in the case of terraces), amenities (water, light, gas, internet, TV), electric appliances, other equipment and pest control.
- Updating the reservation calendar: The Owner and/or Manager (or collaborators) is responsible for updating in a timely fashion the availability of the accommodation in its reservation calendar.
- In the case that the published property is under the status of “booking requested,” the Owner and/or Manager (or collaborators) has 24 hours to respond to the reservation request that will have been sent to him by Barcelona Home. After this time, and without a reply, the accommodation will be considered “unavailable” and the client will be offered other alternatives.
- The Owner and/or Manager assumes all duties that arise from this activity, and commits to being aware of and having requested and obtained as many communications, private and/or administrative authorizations or licenses as were required for the activity and the leasing out of the property (vacation or seasonal rental), including the self-declaration of fees and taxes that the administration requires at any moment, explicitly releasing the company Barcelona Home from all responsibility to that effect.
9. Cancellation of reservations: In the case that a client decides to cancel the reservation of the accommodation cited in this contract, Barcelona Home will retain the total amount of the reservation paid by the client or the difference (in the case that the client has cancellation insurance).
In this case, 80% of the reservation will be paid to the owner. If the client has obtained cancellation insurance, in advance and has informed the company of having this insurance, a percentage of the reservation will be reimbursed to the client. In either of these cases, the owner will receive 80% of the reservation.
In the case that the Owner and/or Manager cancels a reservation, the measures provided in Barcelona Home´s penalty policy for infractions will be applied. The Owner and/or Manager will have the right at all times to be informed about the which is the sanctions’ policy for infractions established by Barcelona Home. The aforementioned sanctions consist of the following: (1) The property is put at the bottom at the bottom of the listings in the website www.barcelona-home.com; (2) The property is temporary set offline; (3) The property is deleted from the website www.barcelona-home.com.
10. Extranet: Barcelona Home will provide the Owner and/or Manager a user number and a password with which to access the Extranet, which the Owner and/or Manager commits to saving and keeping confidential in order to guarantee the correct and safe use of that information by himself, his collaborators or his dependents.
11. Communication between the Owner and/or Manager and Barcelona Home: The Owner and/or Manager should have a contact email address, which he should check daily for new reservations or modifications, as well as for incidents or problems with the accommodation.
Communication between the Owner and/or Manager and the company should always be documented, and any change or deviation in the property (photos, changes in availability and price, etc.) should be indicated in a written document or a confirmed email. In any other case, these changes will not be accepted.
The Owner and/or Manager commits to informing Barcelona Home of any changes or actions, such as construction or any other possible situation, that can affect the comfort of clients, as these can be reasons for canceling a reservation.
The Owner and/or Manager is obliged to inform Barcelona Home of any change in the contact information (email, mobile and fixed phone numbers) of the person responsible of the check-ins, for the purpose of guaranteeing a suitable customer service. The repeated failure to meet this obligation will entitle Barcelona Home to proceed to with the suspension of the Owner´s account or the removal of the property for an indeterminate period of time or until the solving of the issue.
12. Suspension of the owner account: In the case that the Owner and/or Manager does not keep the calendar for his property constantly updated, causing overbookings or cancellations for lack of availability, Barcelona Home reserves the right to remove the property, suspend for an indeterminate period of time the advertisement of the property and the account of the Owner and/or Manager.
Moreover, in the case of frequent client grievances related to the low quality of the accommodation and/or the services offered by the Owner and/or Manager (or collaborators), Barcelona Home reserves the right to remove the property, suspend the advertisement of the property and the account of the Owner and/or Manager until the service is reestablished to how it is reflected in the publication on the portal www.barcelona-home.com, maintaining the same terms and conditions as the announced by the Owner and/or Manager.
13. Deactivating the property: The deactivation of a property on the www.barcelona-home.com website should be communicated at least 15 days in advance, in order to allow Barcelona Home time to make the required changes where necessary.
In all cases the Owner and/or Manager should respect confirmed future reservations until the day on which it is communicated that the property will be deactivated on the website www.barcelona-home.com.
If for greater reasons, or any other cause, the Owner and/or Manager cannot respect future reservations to the day of the deactivation, he or she should compensate the client with double the total amount initially paid for the reservation or with the difference in price (if there is one) in the case that the client chooses another accommodation available on the website www.barcelona-home.com.
14. Tax liability: The Owner and/or Manager assumes as his own only responsibility the payment of taxes, excise duties and related payments at a local, regional and national level; on the rent, or operation on the property for each stay; absolving Barcelona Home of all responsibility of whatever possible damage can result from the partial or total omission of declaration or payment of the corresponding tax settlements.
15. Public and private liability of the Owner: The Owner and/or Manager assumes as his own only responsibility, any risk arising from the operation on his property, as well as any damage that can result from the breach of regulations or of the local and national laws, assuming the Owner and/or Manager all responsibility for the payment of any fines, sanctions, interests and any related legal costs.
16. Cancellation of reservation system: The systematic cancellation of reservations will entitle to Borges Esebe Inversiones (S.L.U.) (Barcelona Home) to demand from the Owner and/or Manager of the property a penalty consistent with the double of the amount of the total cancelled reservations – when a parallel reservation is found to have been arranged directly by the Owner and/or Manager or by third parties on the property subject to this contract -, as a penalty clause expressly agreed to by the parties.
17. Penalization of a property or owner: In the case that an owner performs malpractice with his property service, such as, but not only, the poor maintenance of the property or the cancellation of bookings, Barcelona Home reserves the right to penalize the owner by moving his property to the end of the list of search results, hiding the property for a certain period of time or eliminating it from our list of offers.
18. Applicable law: For any matter concerning the interpretation, compliance or breach of the present contract, the parties submit themselves to the Spanish jurisdiction.