1. On the End-User Service Agreement
The present Terms and Conditions ("End-User Service Agreement") applicable by ABRent Booking SL, shall govern the entire scope of the services provided through the Internet by any means and devices including but not limited to as follows: PC, mobile phones and tablets, as well as any other communication devices. ABRent grants access to use its system, databases and any other available content pursuant to this End-User Service Agreement only.
Visiting and using website www.abrent.com (further referred to as the "Website") shall mean immediate and absolute consent of the User to the terms and conditions of the present End-User Service Agreement that shall have the same legal force as any signed agreement executed in writing.
ABRent Company reserves the right to any time amend and modify the display, configuration and content of the present End-User Service Agreement, as well as terms and conditions necessary for the User to access and use Website depending on the Company financial and legal reasons aimed at improving its work efficiency. Access and use the content of the Website upon any amendments or modifications shall mean the acceptance of the said amendments in full.
If you visit or use our Website to book units offered thereon or just look through the content, you admit that you have read and understood the End-User Service Agreement below and accept our terms and conditions in full, as well as our Confidentiality Policy.
Any data located in our Website, as well as texts and photos, media-content and any other content, including the service of booking the property units posted on our Website, is owned and managed by ABRent Booking SL Company ("ABRent ", "we", "us", "our", "service") and are provided solely for your individual and nonprofit usage under terms and conditions listed herein, in our End-User Service Agreement. Personal use means that you have no right to copy or distribute any data we have for the purpose of sale or any other commercial purpose.
The only official and original version of the present End-User Service Agreement shall be the one in Spanish (Castilian) language. This version is published and available on our Website and may be translated into other languages to facilitate understanding by our users. Any versions in other languages are recognized as unofficial additional translations, the users may not claim us based on any unofficial translated version of our End-User Service Agreement. Should any disputes related to interpretation of the present terms and conditions, rules and information component of the Website occur, should any conflict between Spanish version and any other language of present translated End-User Service Agreement occur, the version of the text in Spanish (Castilian) language shall prevail to the extent of applicable legislation.
Compliance of the provisions of the present End-User Service Agreement is compulsory for any person who looks through or uses our Website. In case of any disagreements with terms and conditions stipulated herein, you may not use or browse our Website and shall quit our Website immediately.
2. Description of services
Our website is an online system wherein any user may exhibit and offer their rental properties such as apartments, houses, individual rooms and any other premises suitable for temporary accommodation of any people ("property units"). Any user of our service may either lease property units (the "Owner") or rent property units by means of our online service (the "Guest").
Posting his or her real estate property unit for lease through ABRent, the owner encourages other users to accept his or her offer ("formal offer"). Another user, the guest, may accept the offer of the owner in order to execute а Rental Agreement. The Agreement shall come into legal force automatically as soon as the guest transfer advance payment for his or her reservation. Otherwise, the offer is recognized as void.
Book property unit through our service You enter into a direct contractual relationship with the owner whose property unit you are booking. Since that, ABRent acts solely as a mediator between You and the owner. ABRent shall not be part of any agreements signed between users of its service. However, ABRent may act as a representative of either owner or guest with right to sign any required agreement and contracts with our users of the service. The Owner and the Guest as the immediate parties of any agreement shall be liable for contract obligations execution. Should any conflict in terms of performance of the obligations arise, problem settlement shall be discussed between the owner and the guest. ABRent delivers to the parties of the agreement any necessary contact details upon agreement execution by means of e-mail or by any means of communication available on our Website.
When posting the property units, the owners shall, at their own discretion, by means of granted access to the database of our Website, input the data on their property units. Thus, the owners shall be fully liable for submitted information, its accuracy, prices and other additional data related to the property units. It is not available for ABRent to get clearance and to guarantee to the users the accuracy of information with respect to certain property units. Yet we are not responsible for prospective technical and technology errors related both to the content of our Website and its performance ability and any possible running failures that may occur due to modification of software or/and failure/recover the service equipment, DOS-attacks and so on so forth. Each owner shall be fully and solely liable for the accuracy and reliability of submitted information on the property units, quality of the services provided therein and compliance of the units and services to description. ABrent shall not be liable for reliability and accuracy of information submitted by the users, for inaccurate information, delays related with its delivery, as well as failure to delivery information that may arise due to quality of communication means or due to communication errors.
3. Warranties and Responsibility
ABRent can’t guarantee reliability, usability and accuracy of the entire information and/or services on the Website, as well as the integrity of information at its disposal, and more specific, absence of any errors and mistakes in the content, absence of any viruses and other hazardous components located on the Website, Website non-susceptibility, absence of income, loss or damage caused to third parties or any ABRent user that violate the terms and conditions, as well as the instructions established by the provider with respect to its Website, due to the Website safety system failure.
In any circumstances, ABRent declares that they have committed any reasonable measures in their power to ensure ongoing functioning of the Website and to minimize possible errors or system errors, both in terms of technique or in terms of content posted on the Website, and shall be liable for direct damage only caused by ABRent obvious and deliberate violation of the obligations to the users accepted pursuant to any executed agreement, and solely to the extent of advance payment transferred by user.
Our service shall not be liable for accuracy of information posted by the users; each user shall check and verify contact details provided with at reservation. The Users may not use contact details, as well as data received through our service for any purpose other than to fulfill its obligations under the agreement, such as for advertising, spam, commercial activity or transferred to third parties.
Each owner has a right to apply terms and conditions of his or her owns with respect to owned property united, unless said terms and conditions contradicts to present End-User Service Agreement and rental options of the property units described by the owner in the official offer.
The owners and the guests shall be liable for the observance of the provisions of public and civil legislation with relation to rented property pursuant to current legislation of the host country.
Nevertheless, ABRent reserves the right to suspend, amend or cease, for a while or on permanent basis, an access, review, use, post or/and download of content of the users violated directly or indirectly, in whole or in part the terms and conditions of the present End-User Service Agreement .
Additionally, ABRent shall not be liable to the extent established by legislation for:
Nevertheless, property unit owner shall be solely and fully liable for settle any tax payments related to the rent of a property unit facilitated through our service.
ABRent shall not be liable for tax collection, delivery, payment and tax deductions to the extent of the owner’s and his or her property units area of responsibility.
Currency converter, posted on the Website, serves for preliminary assessment the conditions of foreign currency exchange, shall be recognized as advisory and approximate, shall not be regarded as actual as far as the exchange rates of foreign currency may differ a lot.
Any errors, evident and not obvious (including any possible typos) shall not be regarded as legally bounding.
ABRent shall not be liable for the links to other Internet resources owned by third parties. Said links serve for the users’ convenience and navigation, and, by no means, ABRent sustains or has sustained the content posted on the pages of the Website the said links may lead to. The owners shall be solely liable for the content the links from ABRent may lead to.
4. Access and Registration
Registration is free and is recognized as completed upon the user’s receipt registration verification at his or her e-mail address.
Private capable person only can be registered on the Website. Legal entity, partnership or private entrepreneur may also offer through our service, however, they can be registered through a private person who acts on behalf of the said entities as their authorized representative. Just alike, any registered user assumes that any user profile is a personal profile and is not transferable to any third party.
Upon registration, the user shall provide with most accurate and precise information that is recognized as compulsory for the purpose of registration in our Website: name, last name, e-mail address, contact telephone number, actual residential address, TIN and other necessary information. Actual residential address, as well as property unit address cannot be accepted as P.O. Box. Should any compulsory information is subject to any amendments, the user shall update this data in his or her account as soon as practically possible from the event of actual change of said data. Registered user agrees to receive our service online newsletters to his or her e-mail address by default. The user may optionally withdraw from the receipt of non-compulsory information not directly related with offers or reservations.
Any user, any owner or a guest shall be liable for any content published on ABRent service and shall have no right to post the content of illegal nature or content violating copyrights of third parties, as well as shall have no right to act violating legislation.
The owner agrees on regular and timely basis to bring any possible amendments related to the property unit, update any guests-important information of either practical (rules, terms and conditions, commodities etc.) and commercial nature (rent price, cost of prospective deposit, cost of final cleaning of the property unit, booking cancellation procedures and cost of any payable services such as Internet, bed linen and towels, etc.). If booking had been performed prior to the amendments accepted by the owner, the agreement is recognized signed on terms and conditions understood and accepted by the guest prior to his or her reservation.
Password is personal and is not transferrable. The user agrees to duly use the password and to keep it safe, as well as not to transfer it to either any third parties or the service provider. Consequently, the users shall be liable for password safety and agree not to pass it to any third parties for a time or continuously. While password is personal and is not subject to transfer, it shall be created by the user following the rules of reliability and complexity, that may be established by the service provider at any time.
The user shall bear sole responsibility for keeping his or her account and password, as well as any actions performed on behalf of his or her account. When user becomes aware of the theft, loss or unauthorized access to his or her account or password, he or she shall immediately notify the customer support service of ABRent service to commit actions necessary to restore the control over his or her account. If the service provider does not receive such notifications, the provider shall be recognized as free from any liability that may arise as a result of unauthorized use of identifying information or passwords by unauthorized third parties.
Upon user’s violation of his or her obligations pursuant to the present End-User Service Agreement, ABRent, acting as an owner of the service, is entitled to manage the account of the user violated the provisions of the End-User Service Agreement at its sole discretion, as well as to perform any actions and measures within legal framework.
5. Reservation and Payment procedures
Each owner is entitled to provide the users of its unit a choice of two reservation options:
In case of online reservation or upon positive response from the owner in terms of the delayed reservation, the guest may see a detailed payment commercial invoice for his or her reservation. ABRent Service is absolutely free for its guests, and the guests shall not pay any fees for any use or reservations.
Rental payment is subject to be covered through two steps. When booking through ABRent Website, the guest shall pay from 10% up to 30% of total cost of the rental agreement ("advance payment") by any mean he or she selects during the payment process. Advance payment amount, as well as reservation cancellation terms and conditions are stipulated by the property unit owner at his or her sole discretion in his or her user account and prior to reservation. Upon termination the process of reservation, the service informs either its guest or the owner on necessary details of this reservation, such as total cost, cost of possible additional services, terms, dates and check-in and checkout time, number of people on behalf of the guest etc. The notification is displayed by showing the voucher on the screen of the PC and other user’s mobile device, further the voucher can be printed our or/and saved in the memory of the device, as well as may be sent by e-mail address to the e-mail address of the party of the agreement. As additional way to the notification (shall be selected by the guest), the user may choose the receipt to his or her cell phone text messages or the messages of the network IP-mobile operators.
ABRent shall receive advance payment from the guest upon the owners’ assignment and shall keep it on behalf of the owner in the deposit interest-free account. If by any reasons money has not been transferred, the guest shall be liable for any expenses associated with unsuccessful transaction. This rule is not applicable in case when unsuccessful transaction is not the fault of the guest.
Signing the agreement, the guest by default assigns ABRent service to transfer money to the owner’s account within 24 hours from the beginning of the next day after arrival. Upon violation of the terms and conditions of the agreement by the owner and in case when the guest does not receive the property unit in accordance with the terms and conditions of the agreement, the guest may call back his or her payment from the owner’s account through ABRent assignment. Payments call back instructions shall be delivered to ABRent Service immediately upon the conflict situation between the owner and the guest, and by means of contacting our support service. Upon failure to receipt any agreement objections either from the owner or from the guest until 12.00 am of the next day from the date of the arrival, any further claims ort objections shall not be accepted. The time of the terms and conditions of the agreement means current time of the territory wherein the property unit locates.
At the second stage of payment process, the guest shall transfer to the owner payable agreement amount on the day of his or her check-in while getting the keys (receipt for use) of the property unit. Additionally based on the mutual agreement with owner, the guest may transfer the remaining part of payable amount to the personal bank account of the owner at least three working days prior to his or her check-in day or even earlier. In the latter case, the guest shall provide the owner with backing extract or another banking document verifying banking transfer of the remaining payable amount under the agreement to the owner immediately during check-in process of check-in day.
The owner shall perform his or her obligation to pay for the banking transfer costs (direct costs of ABRent), by means of these costs deduction when transfer money from ABRent deposit account to the account of the owner in order to avoid any other additional transactions. The cost of bank transfer within the European Economic Space (EES) is equal to 0.9% of the amount payable by the guest as advance payment.
The owner at his or her sole discretion and prior to the receipt of advance payment may choose to remunerate ABRent for the work with some fee of the cost of offer, and by payment means stipulated by the owner’s account. Remuneration for work of the service and its expenses as a result of reservation are not compulsory for the owner. Thus, the services of ABRent Service may be considered as free for the owner.
If applicable, the owner shall provide the guest with a detailed commercial invoice for the accommodation. ABRent may provide the owner with invoice of the bank transfer received on behalf of the owner as advance payment, as well as may provide the owner with invoice revealing the cost of the expenses associated with baking transfer, however, said invoice shall not include sales tax or another indirect tax applicable pursuant to the provisions of the tax legislation, unless otherwise expressly provided in this End-User Service Agreement.
Unless the owner fails to provide with specific notification, it is rebuttable to consider that the owner is aware of his or her tax liabilities in terms of the rent and the amount of these taxes (amount, interest rates), yet it is rebuttable to consider that the owner’s offers are legal and do not contradict to local legislation. When applicable the service is entitled to insist and make the owner to submit relevant documents, such as tourist license etc., verifying legitimacy and legal capability of his or her business.
The owner shall not be entitled to charge any additional payments with the guest beyond the said stipulated by terms and conditions of certain property unit posted in our Website or beyond the scope of the guest’s agreement (voucher). The guest shall cover just final amount stipulated in the agreement for the entire period of his or her accommodation. The guest only upon mutual agreement with the owner may pay additional expenses beyond the scope of the agreement. For example, in case when bed linen, towels, Internet etc. are described by the owner as payable, these additional services shall go beyond the cost of the rent and shall not be compulsory for the guest, however, at his or her choice, the owner may provide the guest with these services under prices list referred to in the rental agreement (voucher).
Voucher provided by ABRent to the guest is applicable solely with respect to a certain property unit and within certain period. The users of the service may not attempt to cheat during reservation and payment process.
Upon the receipt of booking notification, the owner shall ensure that the property unit of the agreement is marked in the booking calendar as the reserved one and shall make sure that any contact details of the guest, number of visitors and agreement conditions are available for the owner. The owner shall also ensure that his or her official offers do not violate any public rights, commercial and/or tax liabilities, such as sales tax or other taxes stipulated by the legislation of the country wherein a certain property unit locates.
Deposit shall be beyond the cost of the agreement and shall be referred to through either terms and conditions of the official offer of the owner, or the voucher of the guest as a separate paragraph describing deposit amount and payment procedure. Deposit is subject to be discussed prior to booking process and guest’s advance payment. When the owner fails to mention the deposit in his or her rental offer prior booking the unit but insists in deposit later, and the guest announces disagreement, it means the owner’s failure to observe the terms and conditions of the agreement, and, thus, ABRent reserves the right to cancel reservation and to cut the rating of the owner’s property unit in the service. On this case, the owner shall pay the full price of the reservation cancellation and the agreement terms violation. The similar procedure is applicable to any additional and payable services that are beyond the cost listed in the agreement.
It is assumed that, in case of the deposit being stipulated as a warrant of property safety, the guest shall give the deposit to the owner upon the check-in and shall be returned by the owner to the guest at the checkout and keys return. ABRent shall not be liable for deposit safety, as well as for other deposit-related claims of the guest.
7. Reservation cancellation procedures
When reservations are subject to cancellation, our Reservation cancellation procedures shall be applicable. There are five fixed options within the scope of reservation cancellation procedure (light, extra-light, mean, rigid, extra-rigid) that can be individually selected by each owner per each of the property unit, these options are subject to detailed description in the guest voucher or e-verification of reservation send to e-mail address immediately upon finalization of booking process. Upon executing the agreement and reserving a property unit, You agree and accept current reservation cancellation procedure, rules governing your failure to check-in, as well as other terms and conditions provided by the owner in his or her offer prior to booking.
We recommend You to carefully study the description of a property unit, terms and conditions, as well as reservation cancellation procedure in terms of the selected property unit prior payment.
If You wish to cancel your reservation, You can do that by addressing to our support service. Please, be advised that depending on the applicable cancellation procedures, You advance payment may be subject to charge with partial or entire amount and You are not entitled to claim back the refund of any (nonrefundable) amount of your advance payment. However, one of the most obvious advantages of our service is that, when cancelling reservation, our guests may no fees to our service, except the reimbursement of our expenses for the cost of the bank transfer.
Upon return the advance payment in case of cancellation of your reservation, according to the current End-User Service Agreement the return shall be made to the guest by the mean the guest has selected when covered the advance payment.
When applying to our support services in order to cancel your reservation, please, mind to write down your reservation code, as well as, please, be advised, that e-mail address you use to send cancelation request shall coincide with the e-mail address you gave us with upon registration/property unit reservation. Property units owners may send the request to cancel reservation from their own accounts, section “My Reservations”.
Reservation is officially recognized as cancel as soon as You receive our verification on the event to your e-mail address or as soon as you see notification on reservation cancellation in your account. We will examine Your reservation cancellation application as soon as practically reasonable and will do our best to notify another party of your agreement and to settle financial liabilities in accordance with applicable cancellation procedures.
Guest amount to be return is subject to reservation cancellation procedure and the advance payment applied by the owner pursuant to the present agreement and is directly connected with date and time when the guest send his or her reservation cancellation application. Anyway, it is the guest responsibility to prove absence of the owner’s financial losses resulted due to cancellation of the guest reservation.
The amount (sum) of advance payment shall stand aside and independently from the reservation procedure and shall be approved by the owner prior to reservation (and displayed on the page of the property unit description), as well as in the course of reservation process. Advance payment may be equal to 10%, 20% or 30% of the total cost of the agreement. Guest liability to compensate prospective losses of the owner related with reservation cancellation or failure to check-in, shall not exceed and shall be within the limits of the advance payment transfer pursuant to the agreement.
When the full amount is returned to the guest upon the reservation cancellation, ABRent expenses to perform bank transfer pursuant to the agreement shall be accepted by the guest and shall be subject to deduction from the guest advance payment. Otherwise, ABRent expenses, related to bank transfers pursuant to the agreement, shall be deducted [in favor of the owner of the reservation.
Reservation cancellation procedure:
Owner’s reservation cancellation and force majeure circumstances
Upon owner’s withdrawal from the verified reservation, ABrent reimburses the guest with advance payment with the paid scope, as well as assists with searching for another property unit with similar features and cost. Payment of ABRent expenses related to bank transfers pursuant the agreement shall not be the guest’s liability in this case. The guest is not entitled to claim for any other compensation from either ABrent or other party of the agreement, except for the advance payment. However, to cope with the situation, the owner shall assist the guest and ABRent in terms of searching for and offering similar or better (both in price and in description and conditions) property units located close to the unit of the agreement. The situation is regarded settled by the parties, when similar unit is offered to the guest and the guest accepts it as adequate replacement.
The owner shall pay to ABRent reservation cancellation equal to 15% of the total cost of the agreement. This amount is deductable from advance payments pursuant to the agreement executed by the owner in future thought ABRent service. Additionally, as penal provision ABRent reserves the right to drop down rating score and ranging of the owner’s property unit in searching, to automatically leave negative feedback, and upon recurrent violation of the agreement obligations – to delete each and every property units of such owner, as well as his or her account and hold this owner aside from any registration in the system.
The owner is released from liability for reservation cancellation in case of force majeure circumstances of either natural origin (floods, earthquake, tornado, blizzard, avalanche, hurricane, landslide soil, lightning) or other (war, act of terrorism), preventing the owner from performing his or her obligations under the agreement and from the guest accommodation. Loss (death) of a close relative supported by the relevant documents and occurred 1 to 7 days from the check-in date (until 12:00 p.m. of Central European Time) is also recognized as force majeure circumstance. This last rule (loss of relative) is also applicable toward the guest. In this case, both parties cannot claim any compensation under agreement, and the guest’s advance payment shall be returned to the guest in full, except for ABRent expenses related to banking transfers pursuant the agreement, that is recognized as the guest’s obligation and shall be deductable from his or her advance payment.
You can learn the instructions to cancel reservation, as well as options of cancellation procedure in section Frequently Asked Questions (FAQ).
8. Feedback and Rating System
ABRent provides the guest with an option to post his or her feedback, to estimate the quality of the owner’s execution his part of the obligations under agreement. Yet, any owner has a chance to provide prospective guest with his feedback on his or her property unit or services or to comment any feedback received. Feedbacks are posted on our Website solely to provide other users with impression on reliability of our services, feature and services quality of either certain property units, or users.
Any feedbacks are preliminary reviewed by ABRent to define their compliance to current legislation and to detect inaccuracy, if any. ABRent reserves the right, at its sole discretion, to decline, delete or modify any submitted feedbacks.
When submitting feedback, the user must comply with legal, ethic and moral rules and standards. A feedback may not contain offensive, vulgar, racist manifestations, as well as expressions not suitable for minors, as well as may not contain any contact details, telephone numbers, location, personal information on the users or other information that may violate the rights of third parties and the right to privacy.
Any published feedbacks shall not be deleted or modified by any reasons, except for legal ones. A feedback may be deleted upon mutual and free will consent of both parties of the agreement.
ABRent may use any published feedbacks, at its sole discretion, as addition to advertisement actions and offers, yet to improve the quality of the services provided, as part of the new letters or for the similar actions and events.
Any published feedbacks are the part of rating system of offering property units. This rating system is completely automated one and is created based on a number of criteria such as the quality of the content description, quality and number of the attached photos, level of the user’s responsibility, score based on the feedbacks etc. property unit rating score, as well as any feedbacks, are only intended to inform the users one the features, expected service quality and compliance with actual condition of the unit (products and services) to its description.
9. Intellectual property rights
ABRent owns or, when applicable, holds the rights to use intellectual property of the Website and the entire content posted on the Website, including, website platform, text, photos, images, logos, trademarks, graphics, design, interfaces and other content and information, or information necessary to ensure serviceability of our Website.
It shall be understood that the access, review and use of the Website by a user, as well as purchase of the services through the Website shall imply neither transfer of intellectual property rights, nor full or partial cession of such rights by ABRent. Law protecting the user provides him or her with a right to use content and/or service of the Website at home and under the terms and in the manner ensuring availability of the services provided by the Service.
Should user send the data of any type to the supplier through any communication channels, the user represents and warrants that he or she has a free right to do that, and that data he or she submitted to ABRent, does not violate any intellectual property rights, industrial property rights trade secrets and any other rights of third parties, and that such information is not confidential and/or shall not lead to harm to any third party.
Should user is aware on any illegal content or any content contradicting to legislation that may lead to third parties’ intellectual property or industrial property rights violation, the user shall immediately inform ABRent through the Website feedback form “Contact Administration” to facilitate ABRent actions to eliminate the concern.
10. Data protection policy
ABRent cares on the protection of Your personal data and makes any possible efforts to protect them. Use and process of Your personal data submitted by You to use our services is performed in strictly compliance with European and Spanish legislations on personal data protection.
Pursuant to the provisions of the Law 15/1999 as of December 13, 1999 “On Personal Data Protection”, any personal data submitted while using the Website shall be recognized in accordance with the Confidentiality Policy that each user shall accept to be registered and to be able to use the system.
11. Term of the Agreement
The present End-User Service Agreement shall last for an indefinite period.
Use may, at any time and at the sole discretion, delete the object or account without prior notification of ABRent. However, any agreements previously signed with other users shall remain the legal force and the parties of the agreement shall perform the obligations under the signed agreements.
ABRent reserves the right to terminate the agreement with user at any time upon two weeks prior notification. Failure, especially systematic one, to perform the obligations under the agreement to other users, violation of the terms and conditions of the End-User Service Agreement may serve as a cause of termination.
12. Applicable legislation and competent jurisdiction
Any claims, disputes arising out of our services, the conditions of the present of the present End-User Service Agreement at the owner’s discretion may be submitted solely to the competent courts at the location of the owner or to the court of Denmark, Spanish.