GENERAL TERMS AND CONDITIONS
Welcome to our Community! Please read these General Conditions carefully (hereinafter the “General Conditions” or simply the “Conditions”) as they contain important information about your rights and obligations and describe the contractual relationship between the parties.
OUR GENERAL TERMS AND CONDITIONS
We are transparent and want everyone to understand each other as best as possible worldwide. To make sure we speak the same language, we thought it appropriate to explain our terminology to you.
Except where the context requires, the following definitions shall have the same meaning as indicated below for whatever purpose. The definitions are equally applicable whether they are mentioned in the singular or in the plural.
“Accommodation” means a house for touristic use, in conditions of immediate use, and which, complying with all current and applicable regulations, and having sufficient insurance to protect the integrity of the Guests and their property, is able to be rented by the Host having sufficient title to be able to do so. Any other type of property has no place in our Platform.
“Host” means a User who creates an Accommodation Profile through the Platform.
“Travel Agency” means a professional travel operator, duly qualified and complying with all regulations and requirements to be qualified as a travel agency, which is registered on the Platform in order to request Accommodation and Services acting on behalf of the Guest.
“Host Conditions” means the particular stipulations that the Host establishes in order to contract with a Guest and that include not only the rules of use of the Lodgings (rules of conduct), but also the minimum number of nights to make a Reservation or the cancellation policy. The contractual relationship between Host and Guest is configured by the Host Conditions and these General Conditions.
“Content” means text, graphics, images and, ultimately, any information accessible through the Platform.
“Travel Agency Commission” means the percentage that IN GLOBAL will pay monthly to the Travel Agency for the marketing of the Platform among its clients, the amount of which has been agreed between IN GLOBAL and each Travel Agency in a separate document to these Conditions.
“User Account” means the profile required to access the Platform, (i) by offering to rent Accommodation as a Host, and/or (ii) by making Reservations as a Guest and/or (iii) by booking Accommodation in the name and on behalf of the final Guest as a Travel Agency by completing an online registration form.
“Travel Agency Account” means the profile required to access the Platform in order to book Accommodation in the name and on behalf of the final Guest.
“Guest” means a User who accesses the Platform and, through the Platform, requests a Host to make a Host Booking, without prejudice to contracting with third parties the provision of other Services or not. Any End User who accesses the Platform in order to make a reservation will be considered a Guest regardless of whether it is an individual who accesses the Platform on their own account or is referred by one of the Travel Agencies.
“Tax” means any tax (taxes, fees, etc.) payable by any Administration or competent authority, and that charges in any way the transactions that are made through the Platform, the provision of any of the Services that can be contracted in it or the income that Users can obtain.
“Agency Registration Number” means the numeric code that IN GLOBAL will provide to each Travel Agency once they register as Users in the Platform in order to use it in each of the Travel Agency Reservations that are made.
“Accommodation Profile” means an offer of Accommodation created from a User Account for the purpose of being rented by Guests. When a User creates an Accommodation Profile, they become a Host. A Host can have as many Accommodation Profile as desired.
“Platform” means the website www.inglobalresolution.com, which is owned by IN Global Resolution, which allows Hosts, Guests, Travel Agencies and Service Providers to contact and conduct transactions.
“Price” means the amounts established by the Hosts for the use and enjoyment of the Hosting offered through the Platform. These amounts are determined exclusively by the Hosts and not by IN Global. Hosts may decide, at their sole discretion, that these amounts include an additional fee for cleaning services or a Bail Bond, unless applicable law obligates or prohibits these aspects.
“Total Price” means the sum of the Price, the Host Fare, the Guest Fare and the applicable Taxes according to the regulations in place.
“Service Provider” means a service company that can provide on its own behalf Third Party Services to Platform Users who make a Reservation, and/or offer other services using the Platform as a means to connect with Guests, contracting directly with them.
“Reservation” means the contracting of any Service offered through the Platform by means of the button “Request Reservation”, being necessary the acceptance on the part of the Host and/or the Service Provider so that it can be given as confirmed.
“Travel Agency Reservation” means the contracting of any Accommodation or Service offered through the Platform, by means of the “Request Reservation” or “Immediate Reservation” buttons, carried out by the Travel Agency on behalf of the Guest.
“Immediate Reservation” means the contracting of any Service offered through the Platform by means of the “Immediate Reservation” button, without it being necessary for the Host and/or the Service Provider to accept it in order to understand that it has been confirmed.
“Service” means (i) the Accommodation Bookings made by Hosts to Guests and (ii) the provision of Third Party Services available to Guests, all through the Platform, whether or not for financial remuneration.
“Third Party Services” means, but is not limited to, the following:
- “Tidy-up Service” means that service offered directly by a Service Provider through the Platform, and whose provision will be made at the address of the accommodation specified by the User at the time of booking through the Platform, which consists of cleaning the accommodation and includes but does not limit: (i) cleaning surfaces, (ii) making beds, (iii) washing dishes, (iv) organization and ordering of objects in each room, (v) general quality control of the accommodation, (vi) scrubbing floors, and (vii) cleaning bathrooms.
- “Transfer Service” means that service offered directly by a Service Provider through the Platform, whose provision will be made at the address of origin and destination specified by the User at the time of booking through the Platform, and consisting of private passenger transport.
“IG Services” means those services included in the Reservation provided to Guests by IN GLOBAL through its collaborators, and which include:
- Service of delivery and pick-up of keys by our IG Concierge
- IG Concierge Service: consists of a personal service provided by IN Global employees that includes (i) review of the apartment prior to the Guest’s arrival, (ii) welcome the Guest at check-in, (iii) communication coordination service between Host and Guest, (iv) contact during the Guest’s stay in the city for consultations, and telephone contracting of Services on behalf of the Users.
“Host Fee” means the fee that IN Global charges and retains from Hosts for the use of the Platform, which shall be equal to 10% of the Price. The Host Fee will be indicated in the process of creating an Accommodation Profile.
“Accommodation Rates” means the addition of the Host Fee and the Guest Fee.
“Service Fee” means the fee charged and retained by IN Global from Service Providers for the use of the Platform, which will be agreed with each of them in the process of registration on each Service Provider’s Platform.
” Fees” refers to the addition of the Service Fee and the Accommodation Fees.
“User” means a natural or legal person who completes the registration process and creates a User Account at IN Global, including but not limited to Hosts, Guests, Travel Agencies and Service Providers.
“Referred User” means the natural or legal person referred by a Travel Agency, who completes the registration process as a Guest, creating a User Account and making a Booking of Accommodation or Services at IN Global using the Registration Number provided by the Travel Agency.
1.1. The following General Terms and Conditions will be applied to the Users of the Platform www.inglobalresolution.com, belonging to the mercantile IN Global Resolution, S.R.L. (Limited Liability Company) (hereinafter “IN GLOBAL”), with NRC 1-3170172-8 and domiciled in Dominican Republic, 23000, Paseo del Sol Oeste. Villas del Sol 2. Villa 110. Residential Costa Bávaro. Bavarian. Sector Verón Punta Cana. La Altagracia. Company registered in the Mercantile Registry of the province of La Altagracia, Registry No. 9226LA dated January 3, 2018.
1.2. This Platform may be used by any legal or natural person of legal age in full development of their mental faculties or, in the absence thereof, a person with sufficient right of representation. By accessing the Platform the User declares and guarantees to be over 18 years.
1.3. Also, in the case of acting on behalf of the Owner or Host, the User states and guarantees to have sufficient powers to commit on his behalf (including both acceptance of these general conditions and payment of the Price). In this regard, if the owner or a third party expresses the intention to be bound by these General Conditions on the same Accommodation as the Host, IN Global shall be entitled to remove the Host from the Platform unless it proves that this representation is fully valid and binding. In such cases, IN Global will not register the Hosting on the Platform under the name of the Owner or a third party representing the Owner.
1.4. No condition binding IN Global that deviates from these General Conditions will be accepted unless expressly agreed in writing.
- SERVICE DESCRIPTION.
2.1. IN Global is neither a travel agency nor a real estate or any other kind of intermediary, we only act as a content hosting platform (the “Platform”) as defined by Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market.
2.2. The Platform allows to put in contact providers of accommodation services (Hosts) or other (Service Providers) and their potential clients (Guests), who can act both on their own account and through Travel Agencies, being able to agree between them different benefits, binding in the way they freely and voluntarily establish. IN Global does not, in any case, intermediate or intervene, on its own behalf or on behalf of others, in the contracting of the Services offered or contracted, limiting us to making the Platform available to Users and charging for the use of this electronically provided service.
2.3. Hosts are allowed the possibility to advertise their Hosting on the Platform with a description, images, price(s), availability calendar and a personal user profile (create an Accommodation Profile). Prices may be different for certain periods of time, as well as vary by charging for additional services, such as cleaning services, use of the washing machine, etc., as long as they are not mandatorily included in the Price according to the applicable regulations or are prohibited by it.
2.4. Guest agrees that any contract will be entered into directly with Host, Travel Agency and/or Service Provider and IN Global is not a party to such agreement. Therefore, we cannot be liable to either party for the performance of the relevant contracts and the fulfilment of their contractual obligations is not guaranteed. The conditions of these contracts must be agreed between the parties that sign them, respecting at all times the present General Conditions and, in the case of Accommodation, the specific conditions (Host Conditions) that each Host establishes in its Accommodation Profile, and in the case of Services, the specific conditions that each Service Provider establishes.
2.5. IN GLobal offers Users on the Online Platform a valuation system through which they can value each other.
2.6. Guests can take out different insurances.
2.7. In order to complete the experience of the relationship established between Guest and Host, IN Global includes in its Platform the possibility for Service Providers, who share the same philosophy of service and excellence, to provide certain Services to the Guest. These Services are contracted by the Guest or Travel Agencies directly with each Service Provider and are directly and exclusively linked to them.
2.8. Should it be necessary to interrupt or modify the service of the Platform, IN Global reserves the right to do so without prior notice and without assuming any responsibility to Users or third parties.
- USER REGISTRATION AND NEWSLETTER.
3.1. In order to access the Platform, offering Hosting services, as Host, and making Reservations, as Guest, a “User Account” must be created by filling out the online registration form, in which certain information and data will be requested, which will be different depending on the legislation applicable to each User. This information will be requested in the process of creating a User Account. Only natural persons of legal age and with unlimited legal capacity are allowed to register.
3.2. Also, to access the Platform in order to request Accommodation in the name and on behalf of a Guest, a “Travel Agency Account” must be created by filling out the online registration form in which certain information and data of the interested Travel Agency will be requested.
The Travel Agency must fill in each Booking that it makes on the Platform the complete information regarding the Guest it represents, as well as identify itself with the User number that IN Global will provide to the Travel Agencies when registering the Travel Agency Account, which will serve and will be necessary for the validity of the Bookings and the payment of Agency Fees.
3.3. By registering, it is accepted that all information provided in the registration data is true, complete and accurate and that any future modifications will be corrected in order to keep the registration data up to date, complete and accurate.
The User may delete the User Account at any time by sending an email to firstname.lastname@example.org. IN Global will proceed with the deletion in the shortest possible period of time and, in any case, within the maximum period established by the applicable legislation, where applicable.
3.4. During registration, you will be asked for an email and a password (hereinafter referred to as the “Login Data”), which will be used in the future for the login. IN Global will facilitate the exchange of (additional) personal data between Guest and Host, only in the case of a binding Reservation between both parties. IN Global is not responsible for the data set out in the User Account, and the User is solely responsible for such data.
3.5. The User agrees to keep the chosen password secret and to inform IN Global immediately if he suspects unauthorized use of the User Account.
3.6. IN Global allows Users to register by logging in with information from certain third party social networking sites (hereinafter, “TPSN”) such as Facebook or Google + (not limited to them) through the Platform itself in two ways: (i) by providing your TPSN account login information to IN Global through the Platform; or (ii) by allowing IN Global to access your TPSN account in accordance with the applicable terms and conditions governing your use of the TPSN account.
User declares that it has the right to disclose TPSN account login information and/or grant access to IN Global to its TPSN account without breach by User of any of the terms and conditions governing User’s use of TPSN account. By granting this right of access, the User understands and accepts that IN Global will access, make available and store (if applicable) any content that the User has provided and stored in his/her TPSN account so that it is available on the Platform. The User declares that all the content of the TPSN is considered to be proprietary content.
3.7. We reserve the right to delete the User Account immediately if the account is shared or transferred, or if it is proven that the access data provided are inaccurate or incomplete. In the same way, the User Account will be deleted when these General Conditions are not complied with, as requested by any Administration or competent authority, when IN Global becomes aware of the illegality of any Content or information provided by the User or when the User does not access the Platform through his User Account for a period of more than six (6) months. We shall not be liable for any damages resulting from abuse or loss of Access Data.
3.8. Registration for the use of the Online Platform is currently free of charge for the User.
3.10. The Platform may host links to websites or resources of third parties to develop its corporate purpose. You accept and agree that IN Global is not responsible to Users for any content, products or services found or available on such websites or resources.
4.1. When the Host publishes a Hosting Profile on the Platform, it will be considered a proposal subject to availability, which will be subject to these General Conditions, and the Host’s Conditions. Therefore, the Host shall ensure that:
– the description of the dwellings and the images used do not violate the law or the rights of third parties and only refer to the offer of Accommodation.
– the information provided does not include references to third party content.
– it complies with all legal regulations, specifically and without limitation, with all regulations relating to the rental of housing between individuals, tourism regulations and tax regulations.
4.2. There are two ways to contract the Services offered in the Platform:
4.2.1. Reservation Request:
- a) Guest or Travel Agency shall be deemed to be contracting this Service when clicking the Request Reservation button.
- b) When the Guest or the Travel Agency makes the Reservation, IN Global will request the details of the means of payment used by the client.
- c) The Host shall be obliged to confirm or reject the request for a Reservation within 24 hours. In the case of cancellation by the owner, or if there is no response on his part, the request for Reservation will be canceled automatically, and the amounts charged by IN Global must be reimbursed.
4.2.2. Request for Immediate Reservation:
- a) It shall be understood that the Guest or Travel Agency is contracting this Service when clicking on the button called Immediate Reservation. The Guest or Travel Agency receives an email confirmation of the reservation immediately.
- b) Immediate Reservation allows the Guest or Travel Agency to make a reservation instantly without having to wait for the Host to confirm the reservation.
- c) When the Guest or Travel Agency makes an Immediate Booking request, IN Global will charge the total amount of the reservation to the payment method used by the client.
- d) In the case of Immediate Booking, the Host may not refuse the request except in the cases contemplated in clause 6.5.2 of these General Conditions.
4.3. The Host may include security deposits (hereinafter referred to as ” Deposit “) in its Accommodation Profiles. Each Accommodation Profile shall state whether a Deposit is required for that particular Accommodation. IN Global does not arrange for the payment or refund of the Deposit. The Deposit can be requested in cash upon arrival of the Guest, by credit card or through PayPal. This deposit will be collected upon the Guest’s arrival and will be returned upon their departure.
4.4. IN Global communicates Booking requests made by Guests, or Travel Agencies on their behalf, to Hosts through the online Platform, email and/or SMS.
4.5. IN Global will facilitate the exchange of personal data between Users only in the case of a confirmed Reservation between both parties. IN Global is not responsible for the data established in the User Account, the Users being solely responsible for them.
4.6. With the confirmation of the Reservation request -and with the mere contracting of the Service via Immediate Reservation- a valid contract is established between Host and Guest for the assignment of a certain Accommodation from the Host to the Guest, during a certain period of time. At the same time, a charge for the amount of the total Price is made on the Guest’s or Travel Agency’s credit card and establishes the Guest’s or Travel Agency’s obligation, acting on behalf of the Guest, to accept all terms, conditions, rules and restrictions associated with such Accommodation and imposed by the Host (Host Conditions).
4.7. IN Global offers Users some Services provided by Hosts or other Service Providers, subject to availability. We attempt to keep such services always accessible, however, maintenance work, upgrades, or technical failures may temporarily limit, or interrupt, their operations.
- SERVICE MANAGEMENT AND PAYMENT PROCESSES.
5.1. In the cases of Accommodation Reservation, and once it has been confirmed by the Host through the Platform, the Guest or the Travel Agency must proceed to the payment of the amount agreed with the Host for the cession of the Accommodation, which will be charged to the credit card previously requested to be able to reserve; as well as the rest of the stipulated payments, which will have been reflected in the characteristics of the Accommodation prior to the Reservation request.
In the case of Immediate Reservation, as confirmation by the Host is not required, the total amount will be paid at the time the Guest hires the Service by clicking on the “Immediate Reservation” button.
5.2. Guest shall be responsible for fulfilling obligations to the Host. Users accept and declare that, with the exception of the payment obligations contracted in this act, IN Global is exempt from all responsibility in relation to agreements between Guests, Travel Agencies, Hosts and Service Providers.
5.3. Guest acknowledges and agrees that although IN Global is not a party to the agreement between Users, it acts as a collection agent for the Host and Service Provider for the sole purpose of accepting payments made on Guest’s behalf. For these purposes, by subscribing to these T&C, the Host and the Service Provider expressly agree that IN Global may issue invoices on their behalf to the Guest as part of its role as collection agent without prejudice to the fact that both the Host and the Service Provider will coordinate with IN Global the accounting aspects to be included in such invoice (i.e. serial number, etc.).
5.4. IN Global charges Fees for the use of the Platform. Where applicable, taxes or fees (municipal, regional and/or state) (typically but not exclusively indirect consumption taxes) may also be charged in respect of the Rates, which are included together with such taxes, where applicable, in the Total Price shown to the Guest prior to requesting a Reservation. IN Global deducts the Host Rate from the Price before remitting the balance to the Host.
5.5. IN Global commits to issue a payment to the Host, between days 1-5 of the month following the reservation, for the amount of the Price after deduction of the Host Fare and applicable indirect taxes, if any. In any case, payment will be made to the account indicated in the Accommodation Profile. IN Global is not responsible for Host’s errors in entering these data or for third party technical problems that hinder or prevent the transfer of these amounts.
5.6. IN Global may benefit the Host with special promotions and/or discounts subject to conditions unilaterally imposed by us, in which case you will be notified of the possible discounts and/or special promotions mentioned above, through the User Account, Travel Agency Account and/or by email.
5.7. IN Global will request regular billing information such as name, billing address and credit card information. Users authorize IN Global to forward invoices issued by IN Global in electronic or digital format. To this end, IN Global will make such invoices available to Users in their User Account.
5.8. If there is any error in the processing of payments, IN Global will take the necessary measures to try to correct them, provided that it has knowledge and is in its power. Among these measures, IN Global may make payments or debits by the same means of payment used for the transaction that gave place to the initial error.
5.9. IN GLOBAL may, at its sole discretion, round up or down the amounts payable to/by Users to the nearest whole functional figure in which the corresponding currency is expressed. For example, IN Global may round the amount from 99.49 USD to 99USD and from 99.50USD to 100USD.
- CANCELLATION AND COMPLAINTS POLICY.
6.1. The conditions of cancellation are established by the Host itself and are a binding part of the contractual relationship between the Host and the Guest.
6.2. A Reservation is not officially cancelled until the Guest clicks on the button on the cancellation page that you will find in your control panel.
6.3. The Host may choose from one of the following cancellation policies:
– IN Global Cancellation.
– If the Guest or the Travel Agency on their behalf cancels at least 24 hours prior to 12am on the day of entry of the Reservation, they will be refunded 100% of the total Price minus the amount of the applicable Service Fees and taxes.
– If the Guest cancels with less than 24h with respect to the 12am of the day of entry of the Reservation, he will not be refunded the amount of the first night, but 100% of the remaining nights.
– If the Guest or the Travel Agency on their behalf decides to leave the Accommodation early, the nights not enjoyed will not be reimbursed.
– Cleaning costs will be reimbursed if the Guest has not arrived at the Accommodation.
– NORMAL Cancellation.
– If the Guest or the Travel Agency on their behalf cancels at least 5 days prior to 12am on the day of entry of the Reservation, they will be reimbursed 100% of the total Price minus the amount of the applicable service fees and taxes.
– If the Guest or the Travel Agency in his name, cancels with less than 5 days with respect to the 12am of the day of entry of the Reservation, will not be refunded the amount of the first night, but 50% of the remaining nights.
– If the Guest or the Travel Agency on their behalf decides to leave the Accommodation early, the nights not enjoyed will not be reimbursed.
– Cleaning costs will be reimbursed if the Guest has not arrived at the Accommodation.
– STRICT Cancellation
– If the Guest or the Travel Agency on their behalf cancels at least 15 days prior to 12am on the day of entry of the Reservation, they will be refunded 50% of the total price minus the amount of the applicable service fees and taxes.
– If the Guest or the Travel Agency on their behalf, cancels with less than 15 days from the 12am of the day of entry of the Reservation, you will not be reimbursed for nights not enjoyed.
– If the Guest or the Travel Agency on their behalf decides to leave the Accommodation early, they will not be reimbursed for the nights not enjoyed. In the case of Bookings for more than 28 nights, the Guest must pay the corresponding payment for 30 days from the date of cancellation, or until the end date if the remaining time is less than 30 days.
– Cleaning costs will be reimbursed if the Guest has not arrived at the Accommodation.
– SUPER STRICT Cancellation.
– If the Guest or the Travel Agency on their behalf cancels at least 45 days prior to 12am on the day of entry of the Reservation, they will be refunded 50% of the total price minus the amount of the applicable service fees and taxes.
– If the Guest or the Travel Agency on his behalf, cancels with less than 45 days with respect to the 12am of the day of entry of the Reservation, he will not be reimbursed for the nights not enjoyed.
– If the Guest decides to leave the Accommodation early, they will not be reimbursed for unused nights.
– Cleaning costs will be reimbursed if the Guest has not arrived at the Accommodation.
6.4. Cancellation by Guest:
6.4.1. In the event that the Guest or the Travel Agency on its behalf, has contracted a Service by Reservation, it shall be differentiated whether or not it has been confirmed by the Host:
- a) Before the Reservation is confirmed by the Host: IN Global will cancel the pre-authorization of your credit card and/or refund the nominal amounts charged to your credit card in relation to the Reservation requested within a commercially reasonable period of time, or, if there is legislation applicable to this case, within the period granted by it.
- b) After the Reservation has been confirmed by the Host: both before and after arrival at the Accommodation, the Host’s cancellation policy will apply, which will be subject to one of the options set out in clause 6.3 of these General Conditions.
6.4.2. In case the Guest has chosen to use the Immediate Booking, the Host’s cancellation policy – clause 6.3 of the present General Conditions – will be directly applied, since the Service is understood as confirmed from the moment the Guest hires it on the Platform.
6.4.3. The terms and conditions of refund of Accommodation fees and other amounts charged will depend on the applicable cancellation policy.
6.4.4. The Guest Fee is non-refundable.
6.5. Cancellation by the Host:
6.5.1 Cancellation in case of Reservation: if you cancel a confirmed Reservation, IN Global will reimburse the Guest the total Price, offering information about alternative accommodations with similar prices and conditions within reason, so that the Guest can contract with another Host.
In this case, IN Global may apply sanctions or corrective measures to the Host in order to avoid the recurrence of cancellations of confirmed Reservations, unless they are due to a duly justified reason of force majeure. Such measures may include, but are not limited to: publishing an assessment indicating that a Reservation was cancelled; keeping your calendar unavailable or blocked during the dates of the cancelled Reservation; deleting the Accommodation Profile or even deleting the User Account. In this case, the Host must pay IN Global the Host Fee.
6.5.2 Cancellation in the event of Immediate Reservation: the Host may not cancel any Immediate Reservation unless it contacts the IN Global support department at email@example.com, justifiably proving reasons of force majeure, fortuitous case and all those provided for in current legislation.
In this case, IN Global will apply the following sanctions or corrective measures:
- a) If the Host cancels the Immediate Reservation without justified reason, IN Global will deduct the amount of FIFTY AMERICAN DOLLARS (USD- 50) to be received in the following Service.
- b) If the Host cancels an Immediate Reservation for the second time without a justified reason, IN Global reserves the right to remove the offer from the Platform without prior notice to the Host and without giving rise to any right to claim IN Global for its performance.
6.6. If, due to defects in the Accommodation, the Guest submits a complaint to IN Global, in writing, within 24 hours of check-in (agreed entry time into the Accommodation), the information will be transferred to the Host by IN Global so that it can contribute or resolve the appropriate incidents as soon as possible. If not resolved, the Reservation will be treated as a Cancellation by the Host, until the incident is resolved.
6.7. In the event that the Host agrees to apply a reduction in the Price of the Service, the Host must notify IN Global in writing to proceed to pay the Guest the difference between the original Accommodation Price and the later determined Price.
6.8. Although there may be a reduction in the original Price, this shall not affect the Host Rate initially agreed for IN Global.
6.9. If Guest and Host do not reach an agreement, they will assert their rights in the manner they deem appropriate, leaving IN Global free from any dispute.
6.10. Claims against IN Global, for the use of the Accommodation Booking Platform, must be presented within one (1) year from the moment in which the cause that originated them occurred, as long as no other period of obligatory compliance has been legally established.
- HOST’S BENEFITS AND OBLIGATIONS.
The Host, in the terms and conditions set forth herein, agrees to:
7.1. Comply with the provision of the Accommodation Service, offering correct, truthful and updated information, with images that correspond to reality, giving the Guest the opportunity of correct choice and according to their needs and expectations.
7.2. Comply with current legislation on copyright, trademark or personal rights, both for the materials used (photographs, graphics and videos) and for the texts, assuming full responsibility in the event that it is contrary to law. Assigning, during publication, to IN Global for an indefinite period of time, the rights in a free, exclusive, temporary and spatial manner, worldwide for the fulfilment of the services or for the advertising of said services on the Internet or in mobile applications on posters, in all types of written media, or in radio and television advertising, as well as the right to edit or transform the materials and the right to transmit said rights to third parties, whenever this is required for the fulfilment of the purpose.
7.3. Indicate and break down the full price of the offer, including taxes or any other concept that forms part of the total amount, and the Host may not subsequently demand any payment for the service that has not been duly specified.
7.4. Make available to the Guest the conditions of cancellation, prior to confirmation of the Reservation, these being part of the contract made between Host and Guest.
7.5. To inform of those facilities or elements that, within the Accommodation service, are not at the Guest’s disposal for their use and enjoyment; likewise providing the Guest with Standards of Conduct that must be scrupulously respected and established in each specific case. These Rules of Conduct together with the Conditions of the Host and these General Conditions, will govern the agreements between Hosts and Guests.
7.6. To accept or reject the requests of Reserve of the Guests, within the term of 24 hours, remaining the Reserve, in opposite case, cancelled automatically.
7.7. Comply with all the regulations applicable to the rental of tourist accommodation and, in general, with all that which refers to or has as its object the activity carried out through the Platform.
7.8. The Host, by subscribing to these Conditions, declares and guarantees that both the Host and the Property comply with all the regulations (present or future) of a state, regional and local nature applicable to the rental of housing and/or tourist accommodation and, in general, with all those that refer to or have as their object the activity developed through the Platform.
In particular, the Host declares that (i) it has all the licenses and authorizations, including those of its community of owners, required for the development of its activity, (ii) it complies with all the administrative and registration requirements that are demanded in its city for the exploitation of vacation homes and/or tourist accommodations, (iii) that its home is properly conditioned and complies with the habitability requirements that the applicable regulations demand of it and (iv) that it has subscribed the mandatory insurance policies that are legally required of it.
In addition, the Host acknowledges and declares to have complied with the regulations applicable to housing and / or tourist accommodations in its city and / or autonomous community.
7.9. Comply with tax regulations, providing IN Global with the documentation it deems necessary to, in turn, comply with legal tax obligations, and issuing an invoice to the Guest, according to the corresponding legislation, if required.
7.10. Make sure that the identity and data of the other contracting party are correct, and IN Global cannot be held responsible for the veracity of the identity and data of the Users.
7.11. Cooperate and collaborate with IN Global when required, offering necessary information, in relation to a complaint filed by a User related to the Hosting or an investigation into possible fraudulent use or abuse of the Platform, application or services.
7.12. Comply with the applicable local, national or international laws, regulations and standards, as well as any tax obligations that may apply to you and that are applicable to the use of the Platform.
7.13. To have in force those insurance policies obligatory by law to be able to offer services of rent of Accommodation, protecting the integrity of the Guests and their goods.
7.14 The Hosts, by accepting the present terms and conditions, accept that the Hosting be published by IN Global in third party marketing channels, establishing in any case the legal relationship directly between the Host and the final guest.
- GUEST’S BENEFITS AND OBLIGATIONS.
The Guest, in the terms and conditions set forth herein, agrees to:
8.1. Comply with and abide by these Terms and Conditions, the Host Conditions and the cancellation policy established by the Host.
8.2. Provide contact and payment information, accurate and current, being the only responsible for the possible consequences that may result.
8.3. Accept and respect the Rules of Conduct established in each case by the Host, as part of the contractual relationship between them, with the Guest being solely responsible for their proper compliance.
8.4. To leave the Lodging in perfect state and in exact conditions to when it arrived, assuming the responsibility of the acts and omissions so much own, as of companion and third invited.
8.5. Proceed to the payment of the corresponding payment for the Services requested.
8.6. Make sure that the identity and data of the other contracting party are correct, and IN Global cannot be held responsible for the veracity of the identity and data of the Users.
8.7. Comply with local, national or international laws, regulations and norms, as well as any applicable tax obligations that may correspond to it.
- CONDITIONS FOR THE SERVICE PROVISION
The person responsible for the sale of the Third Party Services is always and in any case the Service Provider.
The legal relationship corresponding to the provision of Third Party Services is established exclusively between the User and the Service Provider. IN Global has no control over the provision of the Third Party Services or the Products offered by each of the Service Providers, and consequently IN Global assumes no liability that may correspond to the Service Providers.
In the case of transfer services, the transport of passengers or delivery of the product to the User will be the responsibility of the Service Provider.
By using the Platform, the User accepts and acknowledges, without limitation, that IN Global is not responsible for, nor does it offer any guarantee that the Third Party Services are of the characteristics, quality or quantity expected by the User. In the event of any incident, the User must immediately notify the Service Provider.
9.2. Claims for Defective Services
Any claim must be processed by the User before the Service Provider responsible for the Third Party Service. Therefore, if the User is not satisfied with the quality of the services provided by a Service Provider and wants a refund, proportional reduction of the price or any other type of compensation, the User should contact the Service Provider directly, following the complaint procedures available to them. The Service Provider shall provide in its offers a postal address and/or a telephone number and/or an e-mail address to which the User may contact in the event of an incident.
If the User is unable to contact the Service Provider or if the Service Provider refuses to respond to the User’s complaint, the User may contact IN Global’s Customer Service within 48 hours after the Service is provided. IN Global will manage and process as an intermediary any claim that Users make against a Service Provider with respect to the services provided. In any case, IN Global will not be responsible for the resolution of the claim. In order to process the claim, it is essential to keep the ticket, invoice or proof of the service.
- OBLIGATIONS OF TRAVEL AGENCIES.
10.1. Reservation Procedure
In case the Reservation is requested by a Travel Agency, by means of Direct Reservation with its User.
Once the request is received, we commit to respond within 24 working hours indicating several properties that meet the requested characteristics. Once this list of properties has been received, the Travel Agency may contract through its Travel Agency Account or, alternatively, urge that the Reservation be made directly by the Referred User as established in the following point, such Accommodation being always subject to availability and acceptance by the Host at the time the Reservation is made.
10.2. Obligations of Travel Agencies
- In order to make the Reservation in the name and on behalf of the Guest, the Travel Agency ensures that (i) it has all the permits, authorisations and sufficient power to contract accommodation through the Platform in favour of any of its end users, keeping IN Global harmless against any expense and/or claim arising from non-compliance with these requirements, (ii) it complies with all the administrative and registration requirements that are demanded in its city to carry out its activity, (iii) it has subscribed the mandatory insurance policies that are legally required of it.
- The Travel Agency together with the Accommodation request will send to IN Global all the Guest’s identification data in order to comply with the regulations regarding accommodation.
- The Travel Agencies accept that IN Global does not guarantee the availability of the Accommodation in the period between the sending of the request by the Travel Agencies and the corresponding Reservation.
- Comply with tax regulations, providing IN Global with the documentation it deems necessary to, in turn, comply with legal tax obligations, and issuing an invoice to the Guest, according to the corresponding legislation, if required.
- Ensure that the identity and data of the other contracting party are correct, and IN Global cannot be held responsible for the veracity of the identity and data of the Users.
- Cooperate and collaborate with IN Global when required, offering necessary information, in relation to a complaint filed by a User related to the Hosting or an investigation into possible fraudulent use or abuse of the Platform, application or services.
- During the process of making the Request for Reservation or Immediate Reservation, the Travel Agency will fill in the corresponding request with the complete information of the Guest that it represents.
10.3. Payment of the Reservation
The Reservation of the Services offered on the Platform may be made under the same procedure set out in Article 4, through either of the following two possibilities:
- The Travel Agency, through the Travel Agency Account, will make a Reservation on behalf of the Guest, in which it will include all personal data and relevant information in order to clearly identify (i) the person who will stay in the home or who will enjoy the contracted Services and (ii) the Registration Number of the Agency that uses the Platform to make Reservations.
Once the Reservation has been confirmed by the Host or Service Provider in accordance with article 4 of the Terms and Conditions, IN Global will charge the Total Price of the Reservation to the Travel Agency making the payment in the name and on behalf of the Guest.
IN Global, on a monthly basis, will settle the Travel Agency Commission for all Bookings made in the immediately preceding month directly from the Agency Account using the Agency Registration Number.
- In addition to the form foreseen in the previous point, a Reservation can be requested in the Platform directly by the Referred User. In this case, it will be the Referring User who pays the Total Price of the Reservation according to the procedure included in article 4 of these Terms and Conditions, using the Registration Number provided by the Travel Agency.
IN Global, on a monthly basis, will settle the Travel Agency Commission for all Bookings made in the immediately preceding month directly by Referral Users using the Agency Registration Number.
- VALUATION SYSTEM.
11.1. Users may rate the satisfaction of the service through a rating system, available on the online Platform.
11.2. The provided information will be truthful, objective, without offensive criticism and will respect the legal dispositions; otherwise, IN Global reserves the right to withdraw those valuations that do not meet the established requirements and even eliminate the User Account of the person who provided them.
11.3. IN Global is not responsible for the valuations exposed, leaving only the valuator as responsible for their valuation and comments, except when the applicable legislation or the competent bodies or authorities establish otherwise.
- UNAUTHORIZED ACTIVITIES AND CONTENT.
12.1. The Host and Guest must ensure that the Content provided by them, on the Platform, meets and complies with the requirements of current legislation, as well as the stipulations of these General Conditions.
12.2. IN Global establishes those activities and contents that do not comply with the above – by means of a list that is merely enunciative and not limitative – and therefore, its publication is not permitted, and the User is considered to be the only and exclusive responsible party:
- Offenses, assertion of uncertain facts, libel, defamatory statements, statements and images typified in the penal code (racism, child or violent pornography, invitations to criminal acts, etc.) or any other that could be considered illegal, threatening, abusive, harassing, defamatory, offensive, insulting, deceptive, fraudulent, invasive of privacy, damaging to another person or persons in any other way or that violates our rules and policies.
- Any content of sexual subject matter or representation not suitable for minors, reproduction, disclosure or publication of materials protected by intellectual property, provided that the user does not have their rights of use.
- Publication of photographs in which people are recognized, without the corresponding authorization.
- Use of the Platform for own commercial purposes that exceed the real purpose of this Platform, except with prior written permission of IN Global.
- Publication of personal data of third parties.
- Use of the Platform for political or religious activities.
- Sending “junk mail”, “chain letters” or unsolicited bulk mail, instant messages, “spim” or “spam”.
- Alteration, interruption or excessive overloading of IN Global services.
- Use of another member’s account, username or password.
- Use of mechanisms, software or other scripts in combination with the Platform, which could impair the correct and regulatory function of both the Platform and the web page belonging to it, as well as any modification of the content of IN Global without our prior consent.
- Use of computer programs, devices, robots or other means or automatic and manual procedures for the purpose of extracting, compiling, storing or analysing the content of the Platform owned by IN Global, its Services or the information hosted by Users.
- ACCOUNT BLOCKING AND CONTENT DELETION.
13 .1. It is understood that there is a right to reimbursement of the amounts paid by the Guest, as long as these amounts remain in the possession of IN Global, as long as they are in any of the following circumstances, the Guest having not participated directly or indirectly in their occurrence and having made the necessary efforts to try to solve them with the Host directly:
- The Host cancels a Reservation shortly before the scheduled start date of the Reservation.
- The Host does not provide the means necessary to access the reserved Accommodation (e.g. keys, security codes, electronic means of access, etc.).
- The description of the Accommodation contained in the Accommodation Profile is manifestly inaccurate as to its essential characteristics such as location, number of rooms, bathrooms, beds, existence of kitchen or electrical appliances, etc.
- Any other that impedes the enjoyment of the contracted Accommodation in the terms specified in the Reservation.
13.2. In the event of any of the conditions described in the previous paragraph, IN Global will reimburse the Guest for the total Price of the Reservation (except the Guest Rate) and will provide alternative accommodations, within reason, encouraging the Guest to contract with another Host whose Accommodation meets IN Global’s requirements.
13.3. In the event of any of the circumstances described in point 13.1, the Guest must contact IN Global by telephone within 24 hours from the start of the Booking, providing the necessary data (including photographs) on the Accommodation and circumstances and remaining available to IN Global to complete such information and maintain the excellence and confidence that we seek in our Platform.
13.4. The Host agrees to be available or to make a third person available within 24 hours of the commencement of the Reservation in order to be able to resolve any setbacks the Guest may have.
13.5. If the occurrence of any of the circumstances described in 13.1 is determined, and the Guest decides to stay for part or all of the stay in the Accommodation, the Guest will receive a refund which will be subtracted from the payment to be made to the Host.
13.6. In the event that the Host does not agree with the circumstances alleged by the Guest, IN Global should be contacted by telephone providing us with the information necessary to mediate and find a solution. In the event that no agreement is possible, Guests and Hosts agree that IN Global will decide the destination of the amounts in its possession, giving the reason to one of the two parties. In case of discrepancy, users declare and agree to hold IN Global harmless from any liability.
- DISCLAIMER AND LIMITATION OF LIABILITY.
14.1. For various reasons beyond IN Global’s control, such as maintenance work or interference with third party communication networks, data transfer over open networks such as the Internet cannot be fully guaranteed to be available at any time and error-free. Not being able to be guaranteed and not being responsible, therefore, for the availability of our Platform, absence of technical failures, existence of viruses, inaccuracies, typographical errors, loss of data, connection with the use of the website or any reference website or links from the Platform.
14.2. The use of the IN Global Platform is made at the exclusive risk of the User, and IN Global has no obligation to check the information provided by the Users or their background. The Users themselves must take all the necessary security measures to avoid problems in their computer system or loss of data.
14.3. IN Global is exonerated from any claim made by Users or third parties for violation of their rights, through offers and content published by the User or a third party in the use of the Platform website, including the valuations provided.
14.4. IN Global will only be liable for damages caused by the breach of an obligation, which prevents the proper execution of the contract, since by not participating in the contractual relationship between Host and Guest, it cannot assume any guarantee or liability for the services deriving from the contract on the Accommodation.
14.5. IN Global’s obligation to pay damages is limited to damages that are considered foreseeable and typical of the contract and are the direct cause of IN Global.
15.1. Host, Guest and/or Service Provider agree to defend, indemnify and hold IN Global harmless from all liability, claims and expenses, including attorneys’ fees, arising out of their use or misuse of the Platform.
15.2. IN Global reserves the right to assume the exclusive defense and control over any matter subject to indemnification on its part and that could harm its legitimate interests and expectations, committing Users to cooperate in any defense available.
- APPLICABLE LAW AND JURISDICTION.
16.1. IN Global expressly declines to voluntarily submit to the Consumer Arbitration Boards as well as to any other arbitration procedures not expressly accepted.
16.2. The present General Conditions and the use of the Platform will be governed by Spanish legislation except in the event that the applicable regulations designate a different one.
16.3. The Users accept that the claims that come from or are related to the operation of this Platform, will be resolved by the Courts and Tribunals of the Dominican Republic as long as the applicable regulations allow it.
17.1. All content shown on the Platform and especially designs, texts, images, logos, icons, buttons, software, source codes, trade names, trademarks, or any other signs susceptible of industrial and / or commercial use are subject to intellectual property rights, and all rights of intellectual property on the contents and / or any other elements inserted in the page, are the exclusive property of IN Global or, where appropriate of individuals or companies listed as authors or holders of these rights, who have the exclusive right to use them in the course of trade.
The owner is such of the elements that make up the graphic design of the Platform, menus, navigation buttons, HTML code, text, images, textures, graphics and any other content of the Platform or, in any case has the corresponding authorization for the use of such elements.
17.2. Violation of the foregoing rights shall be prosecuted in accordance with the legislation in force. The reproduction, exploitation, alteration, distribution or public communication by any title or means of all the contents of the IN Global Platform for uses other than those described in these General Conditions is therefore prohibited.
17.3. It is also forbidden to delete, evade and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that may contain the contents. Users agree to respect the rights set forth and to avoid any action that could harm them, reserving in any case the owner the exercise of all means or legal actions that correspond in defense of their legitimate intellectual and industrial property rights . Only for personal and private use is allowed to download the contents, copy or print any page of the Platform. It is forbidden to reproduce, transmit, modify or delete the information, content or warnings of the Platform without the prior written permission of IN Global.
18.1. If any of the clauses, of these General Conditions, were declared null, voidable or inapplicable, by a Court or competent Authority to the effect, it will be considered, provided that this does not contradict the established by the applicable Legislation, that the validity, legality and applicability of the rest of the clauses, and of the part of the one declared null or ineffective that is valid, remains in force. The invalid clause shall be replaced by a new one or shall be interpreted in accordance with current legislation.
18.2. The impossibility of requiring or exercising any provision of these Terms and Conditions or related rights shall not constitute a waiver.
18.3. The original version of these General Conditions is written in Spanish and has been translated into different languages. In the event of a dispute over the content or interpretation of these General Conditions, as well as in the event of conflicts, contradictions or discrepancies between the Spanish version and the rest of the versions in different languages, the former shall prevail whenever permitted by the applicable Law. The Spanish version is available to Users who simply have to request it by email to firstname.lastname@example.org or access the Spanish version of the Platform.
18.4. These General Terms and Conditions constitute the complete and exclusive understanding and agreement between IN Global and the Users on the Platform and the Services offered through it. These Terms and Conditions invalidate and replace any prior written or oral agreement between IN Global and Users in relation to the Platform.
18.5. All communications required or necessary in accordance with these General Terms and Conditions will be in writing and IN Global will provide them either via email to the address designated by the User in his User Account, or through publication in the Platform. The communications made by e-mail will be understood to have been received on the effective date of transmission.
18.6. Any communication to IN Global must be made in writing, either by conventional mail to the address indicated, or by e-mail to email@example.com