CONDITIONS FOR CONTRACTING THE RENTALIA SERVICE

RENTALIA GENERAL TERMS AND CONDITIONS

Last updated: 13 February 2024

Table of contents

1. Ownership of the Website and Apps
2. Purpose of these General Terms and Conditions
3. Access and acceptance of the General Terms and Conditions
4. Conditions for use of services on the Website and in the App
5. Rentalia’s liability
6. Data protection
7. Notices
8. Jurisdiction and applicable law

 1. Ownership of the Website and Apps

1.1. RENT ALIA HOLIDAYS S.L.U. (hereinafter referred to as “Rentalia”), with registered office in Madrid, at Plaza de las Cortes 2, 5ª – 28014 and assigned Tax Identification Number (NIF) ESB83467613, recorded in the Companies Register of Madrid, in Volume 18,424, book 0, folio 200, section 8, sheet M-319796, entry 1, is the owner of the domain www.rentalia.com and the respective subdomains and mobile applications thereof (hereinafter referred to as the “Website and Apps”) and makes them available to internet users, in order to inform, advertise and provide information on properties used for seasonal or short-term rentals (hereinafter referred to as the “Property” or “Properties”) both in Spain and abroad, along with a range of information associated with tourism, and to allow certain tourism-related services to be rendered through the Website and Apps.

1.2. By browsing and using the Website and the Apps you are considered a user of the Website and Apps (hereinafter referred to as the “User” or “Users”), which implies your acceptance of these general terms and conditions (hereinafter referred to as the “General Terms and Conditions”).

1.3. We reserve the right to expand, modify, replace and/or cancel our services and/or these General Terms and Conditions at any time. While we will do our best to notify you of any significant changes sufficiently in advance, we advise you to read these General Terms and Conditions carefully each time you intend to use the Website and Apps. To the extent permitted by law, Rentalia cannot be held liable for any changes to the General Terms and Conditions or the services it provides.

1.4. Some of the services on the Website and Apps which are accessible to Rentalia Users may be subject to specific terms and conditions, regulations, guidelines, policies and instructions which, where applicable, replace, supplement and/or amend these General Terms and Conditions and which must also be accepted by the User before provision of the relevant service begins.

1.5. By way of clarification, these General Terms and Conditions shall be applicable to the owner or manager and/or authorised representative (hereinafter referred to as the “Owner” or “Owners”) of a holiday accommodation (hereinafter referred to as the “Accommodation”), and the travellers (hereinafter referred to as the “Traveller” or “Travellers”).

2. Purpose of these General Terms and Conditions

These General Terms and Conditions govern the conditions of access to and use of the Website and Apps and their paid and free content and services made available to Users; which includes Travellers and Accommodation Owners who use the services provided by the Website and Apps. However, the provisions of these General Terms and Conditions shall not affect the statutory rights held by consumers and users.

3. Access and acceptance of the General Terms and Conditions

a. User status

By simply accessing and/or using the Website and Apps, the User fully and unconditionally accepts the General Terms and Conditions set out in the version published at that time. By way of clarification, these terms shall be understood to be accepted by the simple fact of visiting the pages of the Website and Apps and, in any case, by using the services offered on the Website and Apps.

The User represents that he/she is of legal age and that he/she has the legal capacity to be bound by and accept the General Terms and Conditions set out herein.

b. General rules for the use of the Website and Apps

In general terms, the User agrees to comply with these General Terms and Conditions and, where appropriate, any special terms and conditions that may be applicable, and to comply with any special warnings or instructions for use included in these terms and conditions or on the Website and Apps; to act always in accordance with the law, good customs and in good faith, using the diligence appropriate to the nature of the service he or she is using, refraining from using the Website and Apps in any way that may prevent, harm or undermine the normal operation thereof or the property or rights of Rentalia, its suppliers, other users, or in any third party in general.

Specifically, but without this implying any restriction on the obligation undertaken by the User, in general terms, the User undertakes to do the following in the use of the Website and Apps:

(i) To provide his or her details truthfully and to keep them up to date.

(ii ) Not to introduce, store or disseminate on the Website and Apps, any information or material (opinions, videos, images, inter alia) that:

i. is defamatory, offensive, obscene, threatening, xenophobic, incites violence or discrimination on the basis of race, sex, beliefs or religion or in any way breaches morality, public order, fundamental rights, public freedoms, the honour, privacy or image of third parties and, in general terms, the laws in force.

ii. transmits junk mail, spam, chain letters or mass mailings that are unsolicited, false, misleading or promote illegal activities or conduct that is vulgar, threatening, obscene, defamatory, offensive or a flagrant affront to the honour, personal or family privacy of third parties or provides practical information about illegal activities.

iii. contains personal data relating to third parties which must not be made public or disclosed without the consent of the Owner or rightholder.

(iii) To communicate appropriately and respectfully with other Rentalia Users or clients.

(iv) Not to introduce, store or disseminate through the Website and Apps any software, data, viruses, code, hardware or telecommunications equipment or any other electronic or physical tool or device that is likely to cause damage to the Website and Apps or any of the services, equipment, systems or networks of Rentalia, any User, Rentalia’s suppliers or, in general terms, any third party.

(v) To appropriately keep safe the “username” and “password” provided by Rentalia, as identifying elements enabling access to the different services offered on the Website and Apps, undertaking not to make them available for use by or allow access to them to third parties, accepting liability for any damages that may arise from improper use thereof. The User also undertakes to notify Rentalia as soon as possible of any loss or theft and of any risk of access to the “username” and/or “password” by a third party.

(vi) Not to carry out advertising, promotional or commercial activities through the Website and Apps; not to use the contents and in particular the information obtained through the Website and Apps to send advertising, messages for direct sales purposes or for any other commercial purpose, nor to collect or store third-party personal data.

(vii) Not to use false identities or impersonate others in the use of the Website and Apps or in the use of any of the services offered on the Website and Apps, including the use of third-party passwords or access codes or in any other way.

(viii) Not to introduce, store or disseminate through the Website and Apps any content in breach of the intellectual or industrial property rights or business secrets of third parties, or in general terms, any content for which he/she does not legally hold the right to make it available to third parties.

Furthermore, the Website and Apps allow the transmission and publication by the User of content and, in particular, of positive or negative opinions, images or videos about the Accommodation and its surroundings. As stated in section 5 of these General Terms and Conditions, the Website and Apps do not moderate the contents introduced by Users, which are posted directly and under the sole responsibility of such Users. Rentalia does not accept any liability for, and does not guarantee, the truthfulness and accuracy of the content that may be posted by Users on its Website and Apps.

The User shall be held liable to Rentalia or any third party for any damages that may be caused as a consequence of a breach of these General Terms and Conditions, any special terms and conditions that may be applicable, and the law in force.

c. Breach of the general rules for the use of the Website and Apps

• What happens in the event of any of the above actions, breaches of our terms and conditions, or illegal content being posted in general terms?

If a User undertakes any conduct that is unlawful or in breach of these General Terms and Conditions, such User will be held liable for any damages that may arise and shall hold Rentalia harmless.

Moreover, in the event of a direct or indirect breach of these General Terms and Conditions, any special terms and conditions that may be applicable or the law in force, we may remove, block or restrict the visibility of the User’s listings and/or content, and following prior notice, we reserve the right to delete such User’s account, and to suspend or limit access to and use of our Website and Apps and our services, without this giving rise to any compensation from us.

When determining the scope and timeframe of the measure taken in such cases (e.g. relegation of the listing to the bottom of the results list for a period of 30 days), we will take into account the number of breaches and/or unlawful uses made, the seriousness and nature of the infringements, and the presence of a deliberate intention, among other factors.

If the User disagrees with the decisions taken by Rentalia in relation to the moderation and content control policy on the Website and Apps, the affected User may state his or her reasons by contacting us directly at the same email address used to inform him or her of our decision. The term for raising an objection is 6 months from the time we notify the User. In addition, the User in question may contact any certified out-of-court dispute resolution body. He or she may also take court action pursuant to the provisions of section 8 of these General Terms and Conditions.

• What happens when a User becomes aware of a breach committed by another User?

If a User observes a breach of these General Terms and Conditions or any special terms and conditions or if he/she becomes aware of any unlawful action or infringement of his/her rights, Rentalia’s rights or any other third party’s rights, we request that he/she informs us as soon as possible, through the channels provided for this purpose on the Website and Apps (contact form).

In addition, any law enforcement representative or authority may request information from us or report any improper or unlawful action by emailing us directly at [email protected].

Rentalia takes very seriously any report of illegal or inappropriate content. When we receive a report, whether it is received from other Users or from the competent authorities, we immediately conduct a thorough review of the incident in question.

If we receive such a report and are provided with contact details, we undertake to report as soon as possible our final decision and any action we may take with respect to the content or conduct reported. In case of disagreement with our decision, the reporting party is invited to inform us, providing arguments against it, at the same email address from which we contacted him/her. The term for doing so is 6 months from the time we send notification. There is also the option of contacting any certified out-of-court dispute resolution body or taking direct action in court pursuant to the provisions of section 8 of these General Terms and Conditions.

• Which tools does Rentalia use to detect illegal or inappropriate conduct?

Maintaining a safe and respectful environment for all Users is our priority. This is why, in addition to the contact points mentioned above for reporting any illegal or inappropriate content on the Website and Apps, we have a team of professionals who are responsible for ensuring the quality of the listings posted and that they comply with the laws in force and our policies.

To this end, we have implemented tools to help us detect, through specific keywords, comments in listings that may be in breach of the law and/or these General Terms and Conditions.

Fundamentally, we are committed to ensuring transparency, security and compliance with the law on our Website and Apps. These measures, along with the reporting mechanisms available to our Users, are an integral part of such commitment.

d. Industrial or intellectual property

The compiled data that Rentalia makes available to the Users (the “Databases”) and all the contents of the Website and Apps, including, but not limited to, texts, agreement templates, images, videos, photographs, distinctive signs, trademarks, graphics, logos, symbols, technology, software, links and other audiovisual or audio content, as well as the graphic design and source codes thereof (hereinafter referred to as the “Rentalia Content”), or any other signs that may be used industrially or commercially, are the intellectual property of Rentalia or third parties, and no exploitation rights of any kind are transferred to the User beyond what is strictly necessary for the proper use of the Website and Apps. The rights to exploit the brands are also exclusively owned by Rentalia.

The User represents that he/she is the owner of the content he/she publishes, or represents that he/she has the authorisation of the author or Owner, and grants Rentalia, free of charge, for an indefinite term and without limitation in time and worldwide, the rights to reproduce, distribute and publicly disclose such content through websites, digital newsletters and other similar publications, and expressly authorises Rentalia to transfer such content to third-party websites and other digital or physical media with which Rentalia has entered into a partnership agreement.

Any reproduction, distribution, public disclosure or transformation of any element owned by Rentalia is strictly prohibited unless expressly authorised by Rentalia.

Any unauthorised use of the Databases, the Rentalia Content or any other element that is part of Rentalia’s intellectual or industrial property will give rise to criminal and/or civil liabilities or any other type of liability established by law.

Under no circumstances will Rentalia be liable for any infringement by the User of the rights of third parties and the User shall hold Rentalia harmless against any claim.

The Owner authorises the reproduction, distribution and public disclosure of the photographs included in his or her listing in order for the content of the listings to be published. The Owner also grants Rentalia a licence to use the content included on the Website or Apps for the sole purpose of providing the requested service, in accordance with the General Terms and Conditions.

Where Rentalia is commissioned by the Owner to take photographs of the Accommodation, Rentalia will be the owner of the photographs and this will be specified in the photographs, although Rentalia will grant a licence to the Owner to use them for an indefinite term and without geographical limitation for the purpose of being included and published in the listings on the Website and Apps.

e. Database and Rentalia Content

The User undertakes to use the Databases and the Rentalia Content included in the Website and Apps in accordance with the law and these General Terms and Conditions. For illustrative purposes only, the User, in accordance with the applicable laws, must refrain from:

• Reproducing, copying, distributing, making available, publicly disclosing, transforming or altering the Rentalia Content other than as authorised by law or with the express consent of Rentalia or the owner of the exploitation rights, as appropriate.
• Reproducing or copying for private use any Rentalia Content that may be considered as software or a Database in accordance with the applicable intellectual property laws, along with public disclosure thereof or making it available to third parties when these acts necessarily involve reproduction by the User or a third party.
• Extracting and/or reusing all or a material part of the Rentalia Content included in the Website and Apps, and of the Databases that Rentalia makes available to the Users.

f. How do we rank the listings on Rentalia?

If you would like to learn about the main parameters we use for the ranking of listings on the Website and Apps in the search results, you can find out more here.

4. Conditions for use of services on the Website and in the App

4.1. Contracting of the Accommodation listing service

4.1.1. For the purposes of this section, the contractual relationship between the Owner and Rentalia is comprised of the following documents, which collectively will be referred to as the “Agreement”:

i) These General Terms and Conditions.

ii) The specific promotion plan that the Owner agrees to for the Accommodation.

iii) Other special terms and conditions set out, where applicable, in the forms that need to be completed in order to use a specific service.

4.1.2. The Owner must publish the listing on the Website and Apps in accordance with the procedure stipulated by Rentalia from time to time. The Owner must fill in the form provided on the Website and Apps, and complete the required information process. The current steps to be followed in order to enter into the Agreement are explained in the section “Listing accommodation”.

4.1.3. The Owners must provide Rentalia with all the information requested during the process of engaging the services for the publication of listings on the Website and Apps. Where Rentalia has sufficient reason to believe that the information provided is inaccurate, incomplete or outdated, it will request the Owner to correct such information and may suspend the provision of the services until such request has been duly fulfilled in full. The Owner may object to Rentalia’s decision within 6 months from the date it was notified, if he/she does not agree, by writing to the same email address from which he/she was contacted, as well as to any certified out-of-court dispute resolution body or directly to the courts.

4.1.4. The Owner represents that all the information included in the listing is truthful, releasing Rentalia from any liability. Notwithstanding the foregoing, Rentalia will carry out any verification and due diligence checks it deems appropriate in order to provide accurate and reliable information to the users of the Website and Apps. In any case, the Owner represents that he/she has sufficient title and authorisation, where applicable, to include the properties in the listing.

4.1.5. The prices, description, location and any other information appearing in the listing are the sole responsibility of the Owner, who also undertakes to update them as often as may be necessary to ensure that the information is accurate. Therefore, Rentalia accepts no liability whatsoever for any inaccuracies in this type of information.

4.1.6. Upon completion of the publication process, the Owner will receive a notification confirming the listing at the email address specified in the form. In addition, the Owner may, at any time, access his or her listings through the user area set up for such purpose. Rentalia will also supply the Owner with access codes to be able to directly amend the content related to the Accommodation. The Owner must keep safe and protect the confidentiality of the codes and shall be solely responsible for any use made thereof.

4.2. Price of services

4.2.1. Rentalia’s promotion plans are set out in detail at the following link: http://rentalia.com/owner/prices.php, including, inter alia, the taxes applicable from time to time. The promotion plans are exclusively intended for “holiday” accommodation that the Owners decide to make available to third parties through the Website and Apps.

4.2.2. The Owner must make the payment through the payment methods offered by Rentalia on the Website and Apps. Except where payment is made by direct debit, Rentalia does not have access to the bank details linked to the payment methods and does not have knowledge of or record these details during the payment transaction. Rentalia or its payment providers, if any, will apply all technical and organisational measures necessary to ensure the security of the payment.

4.2.3. Rentalia will issue an invoice for the services rendered to the Owner.

4.4. Pay-per-booking plan

4.4.1. As an alternative to the promotion plans outlined in the previous section, the Owner may choose the pay-per-booking plan, as described on http://rentalia.com/owner/prices.php.

4.4.1. In order to be able to publish a listing using the pay-per-booking plan, the booking engine offered by our partner AvaiBook On-line, S.L.U. (hereinafter referred to as “AvaiBook”) must be activated in the listing of the Accommodation. To do so, the Owner must accept AvaiBook’s Terms and Conditions of Use, which will be shown before activating the booking engine.

4.4.2. Under the pay-per-booking plan, listing the Accommodation will be free of charge and the Owner will only pay a commission to Rentalia if a booking for the Accommodation is confirmed. The commission is shown on http://rentalia.com/owner/prices.php.

4.4.3. In addition to the commission mentioned in the previous section, the aforementioned pay-per-booking plan is subject to the following costs:

• 1% (not including VAT) of the total amount of the booking as a fixed administration fee for each confirmed booking. This fee is applied by AvaiBook.
• 2% (not including VAT) of the advance payment or any other amount charged through its gateway, as bank fees (with an additional 2% for non-SEPA international cards, AMEX and B2B). This fee is applied by AvaiBook.

4.5. Cancellation policy

4.5.1. The Owner is responsible for determining the preferred cancellation policy for each Accommodation, and for complying with it for each booking received through Rentalia. In case of cancellation, the following cases will apply:

• Cancellation by the Traveller within the term allowed under the cancellation conditions determined by the Owner. AvaiBook is responsible for refunding the amount paid to the Traveller, deducting administration and bank fees (1% of the total amount of the booking + 2% of the deposit or any other amount charged through its gateway and an additional 2% for non-SEPA international cards, AMEX and B2B, not including VAT).
• Cancellation by the Traveller outside the term allowed under the cancellation conditions determined by the Owner. The Traveller bears the full amount paid at the time of booking, which will be paid to the Owner (minus the administration and bank fees charged by AvaiBook and the commission charged by Rentalia) in accordance with the applicable terms and conditions.
• Cancellation by the Owner after the booking has been confirmed. The Owner bears the administration and bank fees charged by AvaiBook (1% of the total amount of the booking + 2% of the deposit or any other amount charged through its gateway and an additional 2% for non-SEPA international cards, AMEX and B2B, not including VAT) and the commission charged by Rentalia: http://rentalia.com/owner/prices.php.

4.5.2. In the event of force majeure (e.g. natural disasters or any other event or circumstance that could not be prevented or foreseen), the Owner may amend the reservation, with the obligation to immediately inform the Traveller of the situation and offer them relocation to another Accommodation of a similar or higher category at no additional cost to the Traveller, or to reach a specific agreement with the Traveller. Where such alternatives cannot be offered to the Traveller, the Owner may cancel the booking, with the obligation to pay a fee to be calculated by Rentalia depending on each booking and the reasons for the cancellation.

4.6. Online booking modes of operation

4.6.1. Rentalia’s online booking system has the following modes of operation:

• On-Request. Upon completion of the booking request by the Traveller, the Owner has 24 hours to confirm or reject the request. Once this term has elapsed and there is no confirmation from the Owner, the request will be automatically cancelled.
• Instant Booking. Upon completion of the request by the Traveller, the booking will be confirmed immediately without the need for confirmation by the Owner. To use the Instant Booking system, the Owner must keep the availability calendar continually updated in order to avoid overbooking. If overbooking occurs as a result of not having updated the calendar, the Owner must give priority to the booking received through Rentalia or, alternatively, provide the Traveller with accommodation of equal or higher quality for the same or lower cost for the requested dates, with the Owner taking responsibility for handling the booking and paying any additional costs incurred (or, alternatively, finding another solution by mutual agreement with the Traveller).

4.6.2. The mode of operation of the online booking system must in all cases be accepted by the Owner, and it is the Owner’s responsibility to keep these settings updated based on his/her preferences and to honour the bookings received, holding Rentalia harmless against any third-party claims that may arise from the selected mode of operation.

4.7. Owners’ obligations

4.7.1. The Owner must pay the price set by Rentalia for the provision of the services.

4.7.2. The Owner represents that he or she holds the legitimate title to use the property or, as the case may be, authorisation to do so, and that he or she holds all the licences and administrative authorisations that may be required for the lawful performance of the activity.

4.7.3. The Owner must present true, up-to-date and accurate information about the features of the Accommodation offered on the Website and Apps. The Owner is responsible for the information and content he or she publishes. In order to provide Travellers with the best possible service, the Owner undertakes to keep the information about the Accommodation up to date and to clarify and supplement, if necessary, the information published on the Website and Apps.

4.7.4. Rentalia authorises the Owner, who must notify Rentalia thereof at the outset, to incorporate the html codes offered by Rentalia in his or her own website, provided that no modification whatsoever may be made to these codes, except for changes to formatting in terms of colour and font. Rentalia reserves the right to refuse the use of such html codes to the Owner and in particular to any Owner who makes unauthorised changes.

4.7.5. Notwithstanding the foregoing, the Owner authorises Rentalia to arrange the information and Content published by the Owner in order to improve the use of the Website and Apps and the information published about the Accommodation.

4.7.6. The Owner undertakes to always honour online bookings confirmed through Rentalia.

4.7.7. The Owner authorises Rentalia to collect all sums owed under the Agreement, without any further action required: (i) by debiting the payment method associated with the relevant booking, or any other registered payment method, if any, or (ii) by withholding the amount from future bookings. The Owner specifically authorises Rentalia to collect from him or her any amount related to, if applicable, i) the booking, ii) the provision of services, iii) Rentalia’s and AvaiBook’s service commissions, iv) the cancellation policy, v) bank fees, if any, vi) any amount arising from the agreed commissions and vii) any other amount resulting from the execution of the Agreement. Any amount owed that is not paid for any reason whatsoever shall be subject to, inter alia, appropriate legal action.

4.8. Term of service

4.8.1. The Owner may contract the specific promotions that appear under https://rentalia.com/owner/prices. The payment promotions that the Owner may contract are for the term stated in the aforementioned section from the moment the service is contracted and after acceptance of the request by Rentalia. Such date will be specified in the email and the invoice that Rentalia will send to the Owner.

4.8.2. Free promotions may be withdrawn or amended by Rentalia at any time and without prior notice. The Owner may also request to opt out of such promotions at any time.

4.8.3. Regardless of the term of the promotion contracted for the Accommodation, the Agreement shall be deemed to be extended indefinitely, unless previously terminated by either party.

4.8.4. Rentalia reserves the right to review the price or other terms and conditions for any of the promotions. In such cases, the automatic extension will not apply, and Rentalia must give sufficient prior notice and request the express acceptance of the new terms and conditions by the Owner. The new terms and conditions will only come into effect from the end of the previous term contracted by the Owner.

4.8.5. The Owner may withdraw his or her Accommodation from Rentalia at any time. If the Accommodation was booked online, our partner, AvaiBook, will continue to process any bookings that were made prior to the Accommodation being withdrawn from Rentalia.

4.9. Termination of service

The Agreement shall be terminated early if either party is in serious breach of any of the obligations set out in the Agreement, including, but not limited to, the following serious breaches:

• Where, despite warnings, the Owner provides patently inaccurate information on the Website and Apps or misrepresents the features, location or ownership of the Accommodation.
• Where, if requested by Rentalia, at any time during the term of this Agreement, the Owner fails to provide documents relating to the truthfulness of the information provided with respect to his or her identity, occupation, as well as ownership and conditions of the Accommodation.
• Where the Owner refuses to allow input, opinions or content from Travellers in relation to his or her Accommodation to be freely submitted.
• Where the Owner does not pay or is more than 5 days late in the payment of the promotions agreed with Rentalia.

4.10. If the service provided under the Agreement is disrupted due to force majeure, this obligation shall be suspended for as long and to the extent that is justifiable. Force majeure is deemed to be any event or circumstance that is beyond the control of the parties or any other unforeseeable or, if foreseeable, unavoidable occurrence in accordance with the provisions and case law of Article 1105 of the Spanish Civil Code.

4.11. The right of withdrawal set out in Royal Legislative Decree 1 of 16 November 2007, approving the revised text of the Spanish General Consumer and User Protection Act, shall not apply. The exception set out in Article 103 letter m) shall apply as the listings published on the Website and Apps are considered digital content and the publication, i.e. their execution, has begun with the Owner’s prior consent.

4.12. Anti-Fraud Guarantee

4.12.1. Accommodation listings come with an anti-fraud guarantee. This is a security and reliability mechanism for Travellers against possible fraudulent Accommodation (hereinafter referred to as the “Anti-Fraud Guarantee”). Under this mechanism, the amount charged as an advance payment for an online booking managed by AvaiBook is withheld in the Owner’s AvaiBook account until 48 hours after the start of the Traveller’s stay. With the Anti-Fraud Guarantee active, AvaiBook undertakes that, if the Traveller starts his/her stay and the Accommodation turns out not to exist or to be fraudulent (and this is notified within a term of less than 48 hours from the start of the stay), AvaiBook will refund the amount paid in advance to the Traveller (minus the applicable booking engine fees).

4.12.2. By way of clarification, disagreements between the Traveller and the Owner due to shortcomings in the service or for any reason other than the non-existence or the proven existence of fraudulent Accommodation will not be deemed to be covered by the Anti-Fraud Guarantee. The Owner may decide whether or not to keep this Anti-Fraud Guarantee provided that the Accommodation is validated, and accepts as part of the operation of the service that this Anti-Fraud Guarantee remains active as long as the Accommodation is not validated.

4.12.3. Owners may not request advance payments from Travellers by any means other than through Rentalia and the booking engine provided by AvaiBook. Failure to do so may lead Rentalia to take any measures it deems necessary, including the cancellation of the service, after warning the Owner.

4.13. Users may contact Rentalia by sending an email to [email protected] for any information regarding the Agreement or the services offered on the Website and Apps.

5. Rentalia’s liability

5.1. Rentalia is not a service broker, it only and exclusively offers the information service as it appears on the Website and Apps. The User-Travellers may contact the User-Owners of the Accommodation directly through any of the means offered on the Website and Apps. Rentalia is not a party to such contracting or payment for the Accommodation and is not liable for the accuracy, quality, price, content or availability of the services sought to be contracted or contracted.

5.2. Rentalia is not responsible for any administrative authorisation of the Accommodation in the event that such authorisation is required, which is the sole responsibility of the User-Owners.

5.3. The Users acknowledge and accept that the use of the Website and Apps and the provision of the services offered therein is undertaken entirely at their own risk and responsibility.

5.4. Rentalia merely publishes the Accommodation listing provided by the User with the information provided by the User. Notwithstanding the foregoing, Rentalia will use all reasonable efforts to provide a high standard of service, including anti-fraud measures, the validation of property photographs and the publication of feedback from users about their stay at the Property listed on Rentalia. Where such a warning is given or the Accommodation does not comply, despite the warnings, with any of Rentalia’s internal quality and control criteria, the Accommodation may be removed from the Website and Apps. The relevant Owner may object to Rentalia’s decision pursuant to the provisions of section 3 of these General Terms and Conditions.

5.5. Rentalia gives recommendations for a satisfactory rental and precautionary warnings to Travellers, and the Owner declares that he/she is aware of them and accepts them. Rentalia may issue new recommendations and implement new control measures aimed at enabling a satisfactory rental free of irregularities and fraud between Travellers and Owners. Some of these current or future measures will require the Owner to provide documents regarding the truthfulness of the information provided with respect to the ownership, conditions and location of the Accommodation in order to increase the trustworthiness of an Accommodation. The Owner undertakes to provide such documents upon Rentalia’s request. Where Rentalia has sufficient reason to believe that the information provided is inaccurate, incomplete or outdated, it will request the Owner to correct such information and may suspend the provision of the services until such request has been duly fulfilled in full. The Owner may object to idealista’s decision within 6 months from the date it was notified, if he/she does not agree, by writing to the same email address from which he/she was contacted, as well as to any certified out-of-court dispute resolution body or directly to the courts.

5.6. Among other measures, any Accommodation that has been listed for fewer than 6 months will be marked as “Not verified” on the Website and Apps. The Owner may remove such warning from the Accommodation by meeting any of the following conditions or any other conditions that Rentalia may implement in the future:

• At the Owner’s request, Rentalia may send an alphanumeric code by post to the address of the Accommodation. The Owner must enter this code in their User account, call Rentalia by phone or write an email to Rentalia to report the alphanumeric code received by post at the Accommodation; or
• The Owner may contract a photo book. In this case, a photographer authorised by Rentalia and hired by the Owner will visit the Accommodation and take photos of the Accommodation for the price stipulated from time to time. In the latter case, the message “Photo taken by Rentalia” will be added to the Accommodation. Use of this service is subject to the terms and conditions set out by Rentalia.

5.7. As one of the means for Users to contact each other (contact between Travellers and Property Owners), the Website and Apps allow communication via email through Rentalia’s own web domain. Such emails are reserved exclusively for the management of the holiday rental or the service in question, and the use thereof for restricted personal activities in which there may be any expectation of privacy or secrecy in communications is expressly forbidden. The use of email through rentalia.com enables Rentalia to warn the User in the event that a holiday rental or service that is being arranged or contracted through this channel does not comply with the quality and internal control criteria implemented in the Website and Apps’ system, in which case Rentalia may warn the User of a potential risk of irregularity or fraud.

5.8. Rentalia may provide Users with template agreements and/or other legal documents, advice on successful rentals and how to avoid fraud, information on different tourism regulations and/or other recommendations of different kinds on the Website and Apps. Rentalia provides this information for the purposes of information only and is not responsible for its content, the updating thereof, the use made of it by the Users, or any undesired outcome of the relationship.

5.9. In any case, Rentalia will not take part in or be responsible for the contracting of services between Owner and/or Traveller and is not responsible for any decisions made on the basis of the information provided by the Website and Apps.

5.10. Use of artificial intelligence

5.10.1. Rentalia uses artificial intelligence technologies to improve the efficiency of certain services. By using our services, Users accept and understand the implications of such artificial intelligence tools and agree to use them in a responsible manner that respects the law and the rights of third parties. While Rentalia makes every effort to be as accurate as possible, we cannot guarantee the absence of errors in the use of artificial intelligence technologies, as this is a matter beyond our control (we do not provide these tools and we do not manage the operation or development thereof).

5.10.2. Any interaction with our systems involves the processing of data and information of all kinds, which Users must use with due care in order not to infringe the rights of third parties (i.e. they must not use the text, data or confidential information of third parties unless they have express prior authorisation to do so). With respect to personal data, we are committed to protecting the privacy of the Users pursuant to our Privacy Policy, which is regularly updated, along with the measures we have adopted for such purpose. The Users may not use personal data of third parties if the latter have not expressly consented to such use.

5.11. Quality and availability of the service

5.11.1. Access to the Website and Apps does not imply any obligation for Rentalia to guarantee the absence of viruses, worms or any other harmful IT programmes. The User is responsible, in any case, for the availability of suitable tools for the detection and disinfection of harmful computer programmes.

5.11.2. Rentalia does not accept any liability for any damage caused to the computer equipment of Users or third parties during the provision of the service offered by the Website and Apps.

5.11.3. Access to the Website and Apps requires services and provisions from third parties, including carriage through telecommunications networks whose reliability, quality, continuity and performance is not the responsibility of Rentalia. Therefore, the services provided through the Website and Apps may be suspended, terminated or become inaccessible, before or at the same time as the service is provided through the Website and Apps.

5.11.4. Rentalia accepts no liability for any damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks resulting in the suspension, termination or interruption of the services offered on the Website and Apps during or prior to the provision of these services.

5.12. Sites linked to via the Website and Apps

5.12.1. Access to the Website and Apps includes technical linking devices, directories and also search tools that allow the User to access other internet pages and websites that may be of interest to them (hereinafter referred to as “Linked Sites”) such as, for example, car rental or travel insurance, etc.

5.12.2. Rentalia does not accept any liability for the connection to or content of third-party Linked Sites linked to via the Website and Apps and shall not be liable for any damage caused by the unlawfulness, quality, outdatedness, unavailability, failure or unusability of the content and/or services of the Linked Sites or for any other damage that is not directly attributable to Rentalia.

5.13. Traveller comments, opinions, reviews and votes

5.13.1. The opinions, reviews, images, videos and other information forming part of the content entered by Travellers to describe an Accommodation (hereinafter referred to as the “Reviews”) are a crucial element for the success of the Website and Apps and for the Owner to receive new bookings or contacts with Travellers through Rentalia.

5.13.2. Rentalia does not interfere in the Reviews, which are posted directly and under the sole responsibility of the Travellers. Regarding such Reviews:

• Travellers submitting Reviews must identify themselves and will always be logged in Rentalia’s files.
• Rentalia allows Reviews of any nature and with any rating to be published on the Website and Apps, without being involved or interfering with them in any way. However, Rentalia reserves the right to review such opinions or comments, in order to prevent:
  • The use of offensive, abusive or insulting language.
  • The use of unintelligible expressions.
  • Comments being posted by the Owner about his or her own Accommodation.
  • More than one comment from the same Traveller being posted for the same Accommodation.
  • Reference be made to other comments on the same Accomodation.
• In any of the foregoing cases, Rentalia may remove all or part of the opinion or commentary posted or take any other action it deems appropriate. In such cases, the relevant Traveller may object to Rentalia’s decision and action taken pursuant to the provisions of section 3 of these General Terms and Conditions.

5.13.3. Rentalia cannot guarantee that the Reviews posted on the Website and Apps are only from Travellers who have actually booked the Accommodation. In any event, where the Review score is 3/5 or less, Rentalia undertakes to take reasonable steps to attempt to verify this.

5.13.4. The Owner may reply to any Review submitted by a Traveller, providing that he/she identifies himself/herself by the name of the Owner under which he/she is registered on the Website and Apps and that he/she respects the same conditions as those required for Traveller Reviews, as set out above.

6. Data protection

6.1. Rentalia processes certain personal data of the Users in order to provide them with access to the Website and Apps and to render the requested services. We recommend that Users consult our Privacy Policy for detailed information on how and for what purpose we process the Users’ data.

6.2. We also advise that we may use cookies when the User browses the Website and Apps. We recommend that Users consult our Cookie Policy for more detailed information about our use of cookies.

7. Notices

For the purposes of these General Terms and Conditions, and for any correspondence that may be required between Rentalia and the User, the User must contact Rentalia through the contact form provided for such purpose, or by post to Rentalia, at Plaza de las Cortes 2, 5ª – in 28014 Madrid, by telephone, calling (+34) 917 698 060, or email by sending an email to [email protected].

8. Jurisdiction and applicable law

8.1. As regards the provisions of these General Terms and Conditions, as well as the interpretation and settlement of any disputes that may arise between the parties, Spanish law shall apply.

8.2. The parties agree to be bound by the jurisdiction of the Courts and Tribunals of the city of Madrid or by those of the User’s place of residence, expressly waiving any other jurisdiction to which they may be entitled by law.

8.3. Notwithstanding the foregoing, if the User is a consumer resident in the EEA, the User may also use the European Commission’s Online Dispute Resolution (ODR) platform, as specified here.

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