GENERAL TERMS AND CONDITIONS OF USE OF THE WWW.HOMEBELIKE.COM PLATFORM AND ITS SERVICES.
1.1 USER: It is the natural or legal person who is linked to the platform with the purpose of publishing their home for short-term or vacation rental, as well as the person who enters to identify and locate a home for short-term or vacation rental. (Later specified as THE GUEST). Both THE OWNER and THE GUEST are users, as well as everyone who accesses the WWW.HOMEBELIKE.COM website regardless of whether they have opened an account or not, and therefore, the use, reading or exploration of the content of the page made for this, it will be done in strict adherence to these terms and conditions.
1.2 PLATFORM: Is the website www.homebelike.com that makes available to the user the possibility of identifying a short-term rental home, so that they may or may not be interested in renting it. The reference to the platform includes the trading company under which it operates, hereinafter referred to as HBL. HOMEBELIKE is an intermediary between owner and tenant.
1.3 CONTENT: Refers to the testimonial publications of the stay experience or the platform, were users/guests share for the benefit of other possible guests. The location as well as the textual and graphic, commercial or informative information published by HBL addressed to users.
1.4 GOOD FAITH: Is the general disposition of people that their actions are done with a legitimate purpose, without the slightest intention of causing any damage or harm; nor take disproportionate or illegitimate advantages.
1.5 Homebelike, INC is a commercial company incorporated under the laws of Panama, which is the provider of the services of the WWW.HOMEBELIKE.COM platform.
1.6 SPECIFICS: It is expressly understood that HBL does not commit beyond the obligations contained in this agreement and the scope of its services are made in the precise context of these terms, without other obligations that have not been previously agreed upon.
1.7 OWNER: Is the owner of the property or the agent with the authority to rent and make management decisions regarding the property.
1.8 TENANT: The user renting the property.
2. ACCEPTANCE OF THESE TERMS FOR THE USE OF THE PLATFORM OR THE WEB PORTAL.
2.1 The user acknowledges acceptance of these terms by clicking at the end of the document in the "acceptance" section that has fully read this document and has understood and comprehend it, as well as accepted the rules and duties indicated by HBL.
2.2 The linking or creation of a user account - guest - owner – in www.homebelike.com entails by right the acceptance of the terms and conditions established here. You also understand that the platform has no obligation or duty beyond that indicated in these terms and therefore, no imputation of the user as a duty attributable to the platform is valid or will have effect, unless it is judicially proven that it, through of the management and control bodies of the HBL company, has accepted them in advance, in writing and without reservations.
2.3. Modifications to the terms. HBL reserves the right to modify these Terms at any time in accordance with this provision. In relation to the above, HBL in the search for the best customer service, undertakes to carry out the following tasks:
2.3.1 Update the publications on the digital platform with the modifications made to these Terms.
2.3.2 Notify - notify users subscribed to the platform of said changes by email, at least five (5) days prior to them coming into force.
2.3.3 Inform of the right to rescind or terminate the Contract in the content of the notification email. In the case of disagreement with the modified Terms, the client may terminate this Agreement immediately and explicitly. In case of termination, it will be necessary to respect the cancellation terms within these terms for those tenants who have reserved the homes.
2.3.4 Automatically renew the access or use of the HBL platform in the event that the user does not express termination of the contract expressively before the date on which the modified terms come into force, which will be understood as acceptance of the updated terms.
3. STATEMENT OF AUTHORITY AND FREE CONSENT.
3.1 The user acknowledges that he is of legal age in accordance with the legislation of his/her country of origin.
3.2 You acknowledge that you are in full possession of your mental faculties and that you have not been coerced in any way to access and accept the conditions and terms required to enter the platform.
3.3 If the user is a legal person, then the person requesting the services acknowledges and declares that he has the legal capacity to represent said company and is authorized by the management bodies that have the power of business management and administration.
3.4 In the event that the consent is invalid due to violating what is contained herein or the regulations that regulate it, the user acknowledges that his/her act is null and therefore does not generate an effect of any nature against the platform or the HBL company. Therefore, it is considered a fact for which only the undersigned is responsible and declares himself solely responsible for what derives from his/her improper action and negligent behavior.
3.5 THE OWNERS formally acknowledge and declare that they are the owners of the property rights over the properties that they offer or publish. They also have legal authority to manage them, assign them for rent and carry out legal acts that encompass and cover the nature that those referred to in these terms and in the services offered by HBL. In case of not being owners, they acknowledge having the legal capacity according to valid, binding and current powers of attorney, to lease the property, as well as exercise with it, acts of administration and conservation. In case of cessation of their mandates, they are obliged to notify HBL immediately. It is considered that the non-notification of the revocation of the powers, generates for the users in general and for HBL a legitimate appearance that the mandate is in force,
4. CREATION OF THE ACCOUNT.
4.1 The creation of the user account ("HBL Account") to access the platform, will not register more than one person per account, nor may it nor should it be assigned or transferred, which will be filled in with the basic information detailed in the form called MEMBERSHIP FORM, available in the “sign up” or “register” section.
4.2 The properties listed have been previously contracted by HBL or its agents and representatives, so that guests can see the available offer.
4.3 OWNER'S ACCOUNT. HBL staff or agents who will use their best efforts to screen their suitability and list them as short term and vacation rental properties will always contract an owner’s account. HBL will provide the OWNER and/or his/her authorized representative with access to the platform to consult everything related to his/her property.
4.4 GUEST ACCOUNT. THE GUEST will create a personal account by entering his/her/her email, his/her/her password or nickname and the security access code that will be chosen by him/her; will indicate personal data, such as name as it appears on your passport or national identity document, address, telephone, cell phone. The platform may put, at its discretion, a section to upload your identity document and so that the owners can see the users who have uploaded their identity document. However, the veracity, validity or currency of said document cannot be guaranteed by HBL.
4.5 If the tenant has different email addresses, they must use only one for the platform and indicate in their account their alternative email addresses, so that an account is not replicated using a different email.
4.6 Due to the fact that the tenant as a user is the only one with access to his/her/her account and with absolute management of his/her/her username and access code, he/her will be solely responsible for all the operations that would be carried out through the account. The user agrees to notify HBL of any unauthorized use of their account or any breach of security that the user knows or should know about. The right to use the platform is an essential right of the user, granted because of its person; in that sense, THE USER undertakes not to resell market or promote the service, without the express written authorization of HBL.
4.7 The user must notify HBL if the information contained in his/her profile has been stolen, lost, misappropriated or is threatened in any way, as well as any unauthorized use or suspected use of the profile. In cases where the user does not report the aforementioned situations or performs illicit activities with his/her profile, it is completely the responsibility of the person who registered with HBL (and not of this company), and he may take legal action against that user.
4.8 Users are solely responsible for the information they indicate when registering their accounts. They accept that the platform delivers information about IP or any online security trace to any competent authority, to detect any improper use of it. The platform is not responsible for identity theft or any information recorded on it.
4.9 The platform has the right to demand from some users, as appropriate or as necessary, additional information to verify their identity or to confirm the data entered. In the event that a user does not cooperate with the request for additional information or verification of data, the account will be suspended or canceled, as appropriate.
5. OBLIGATION OF INTEGRITY OF INFORMATION. USE OF INFORMATION.
5.1 Users guarantee that they will not use their account to disrupt, affect or violate copyright, industrial property. They will use the account in good faith and in accordance with applicable commercial or consumer regulations, as well as with the care and duty of a reasonable person and a prudent person. The user downloads and consequently declares HBL free and harmless from obligations, responsibilities and claims arising from the misuse or handling of his/her account, or from the violation of these terms or conditions or from the user's negligence, whether by action or omission.
5.2 The HBL platform and the content published on it are protected by copyright and trademark laws. Users accept and acknowledge that the platform, content and services (including all related intellectual property rights) are the exclusive property of HBL.
5.2 HBL will use distribution channels on the Internet to disseminate the content of the offers of homes or rental properties placed on www.homebelike.com so that the searches of potential tenants have a better and greater scope; this includes search engines, social networks, advertising emails, mobile phone applications, property rental pages, other online travel agencies, among others.
5.3 THE OWNER grants in favor of HBL, an irrevocable, perpetual, worldwide and royalty-free license, so that it is perfectly enabled in law and equity to disclose to the general public, directly or using information disclosure services, all the information that has been supplied by it for the rental of the properties.
5.4 Similarly, THE TENANT accepts that HBL uses basic information (without revealing the identity to third parties) to personalize advertising offers and other available options for renting homes or properties.
5.5The user declares and guarantees in the most absolute way possible, that he is the owner by right, license or permitted use, of all copyright or industrial property rights related to the information uploaded to the platform.
5.6 No information provided by users will be made to harm any right of another user, the platform and third parties. Users have a general duty in good faith to use the service in the pristine way possible, taking care of the information as a good parent or reasonable and cautious person.
5.7 Any third party that feels affected will have the right to ask the platform to remove or limit any publication that infringes or violates their rights and will give the platform a reasonable period to take any appropriate action in pursuit of their rights.
5.8 The fraudulent use of the card by an unauthorized third party will be treated in accordance with the policies of the issuing bank and the cardholder. HBL is not responsible for the fact that third parties use a credit card of which it is not the holder, nor for any other type of fraud that is perpetrated physically, materially or electronically.
6. NATURE OF THE SERVICE:
6.1 HBL and its platform is a simple facility for the public to exchange information on offers and availability for rent, housing prices or short-term rental properties.
6.2 HBL may also allow the publication of related offers from third parties such as excursions, fun or entertainment activities, work arrangements for support staff hired for specific services, vehicle rentals, and equipment rentals, among others. HBL is not the manager or administrator of these services, but simply a means of placing said advertisements, therefore, it does not offer any guarantee on these nor will it be responsible for their provision.
6.3 HBL is the administrator of what is offered on the platform; however, the tenant-owner relationships are between them, with HBL being the authorized intermediary because of these terms and the binding contract or agreement. It is not responsible for the existence, quality, quantity, condition, integrity or legitimacy of the goods or services offered, or acquired by users.
6.4. The main role of HBL is the administration of the platform used by users for the short-term rental of properties available on the web portal or mobile application, so that tenants reserve and rent available properties.
6.4.1 Additionally, HBL may offer tenants some services available and whose offers and details will be linked to the searches they carry out, as appropriate. These services will always be outsourced. In case of cancellation of the services scheduled and reserved with our Experience Specialists, no refund applies.
6.5 In this sense, HBL will not be responsible for the effective fulfillment of the obligations assumed by the users. Relations between users only concern them and only between them claims can be made. The platform will be free and unharmed for these eventualities, except in cases where it generates its own fault, which must be established judicially.
6.6 The platform assumes no responsibility for the use of it and is released from any obligation or liability that may result from errors or omissions in the content or information provided by users. This includes, but is not limited to, technical inaccuracies and errors of dates, payment information, and identification, references to other pages or emails, telephone numbers, addresses, as well as others of the same profile.
6.7 HBL will not be responsible for the malfunction of hyperlinks; the unavailability of access to the platform; to any portion of it, caused by necessary maintenance work or actions of third parties, or the use of any equipment or software outside the platform; as well as other related or correlative events to those indicated here.
6.8 The photographs of the homes and services published on the platform provide users with an idea of the characteristics and quality of the properties. Said photographs are not necessarily a valid visual representation of the property, its decoration or peculiarities. Similarly, the content of users that includes photographs of their rooms does not reflect changes to the decoration or any renovation to the home made by their respective owners.
7. THIRD PARTY DATA PROTECTION.
7.1 The advertisements published on the platform must be made in absolute protection of third party data. In this sense, users will not disclose any information of any nature pertaining to a third party, related or not other than the user, such as contact data, financial data, and unauthorized images, among others. Each user will be solely responsible for the information they disclose, even if it is their own decision, negligence or imprudence.
8.1 The platform may cancel or suspend a user's account for violation of one or any of the rules of these terms and conditions, as well as for violation of laws, regulations, good uses and customs, rules of morality or ethics.
8.2 In the event of the suspension or disqualification of an owner or user, all the advertisements that were published will be removed from the platform without the right to compensation or refund of payments for services to the platform, if any have been generated.
9. DAMAGES TO HBL AND INDEMNIFICATION:
9.1 Users acknowledge that HBL has its basis and reason for being in its reputation, good image as well as full compliance with its terms and conditions, as well as respect for the law and regulations, morality and good customs.
9.2 Users undertake not to carry out conduct or acts that tend to undermine the image of HBL, as well as its good reputation, which will be considered a serious offense that activates its obligation to compensate the comprehensive damage caused.
9.3 Users will not compete with the platform in the supply of goods and services it offers. In this sense, users who come into contact through the platform must maintain their future relationships for future rentals or services through it. This violation will entail the payment of the damages that the platform suffers because of direct contracting.
9.4. Users understand, acknowledge and accept that HBL does not guarantee protection against fraudulent and invalid transactions; therefore, HBL will not be liable for any invalid transactions that are processed, on a reservation made through the HBL platform. In these cases, HBL will have the right to collect, reimburse, offset or require payment of any waived charges.
9.5. THE USERS will indemnify and hold harmless HBL (including its directors, officers, employees, parent company, subsidiaries and affiliates) for any damage and harm that it may suffer as a result of any type of third-party claim (including expenses and legal fees of attorneys representing ) that had their cause or origin in this contract and the use of the service. In all cases, this responsibility of THE USERS will survive the termination of this document during the applicable legal prescription period, as the case may be.
9.5.1 THE OWNERS authorize HBL to compensate eventual debts with that, in the event that HBL makes any payment to third parties due to a claim attributable to THE USERS.
9.6 Secure Sockets Layer. In the information technology industry, SSL is the current standard security technology for establishing an encrypted link between a web server and a browser. The link seeks to ensure all data shared by and between the web server and the browser is kept intact and confidential.
9.6.1 Users must defend and hold HBL harmless for any claim, lawsuit, loss; they have that are directly or indirectly linked to the use of the secure socket layer (SSL). It is expressly agreed that the limitation of liability indicated herein will take effect when the damage or loss originates from a cyber-attack or any event that the technology and information sciences could not have foreseen.
10. PRIVACY POLICIES.-
10.1 HBL will ask users and collect basic information that includes:
- 1. Full name
- 2. Email
- 3. Address I
- 4. Phone number
- 5. City or address
- 6. Any data freely disclosed by the user.
10.2 The user acknowledges that none of this information is sensitive and therefore freely accessible. Any information disclosed to the platform is an express authorization for disclosure of such information and a disclaimer by the user to the platform for such use.
10.3 The user will not reveal sensitive data protected by law; if they do so, they are exposed by their negligence to the fact that said data may be discovered or revealed by third parties, discharging HBL from any responsibility.
10.4 The access policy, cookies or IP data, location and similar, will be treated in accordance with the uses and customs habitually accepted on the Internet.
10.5 HBL undertakes to protect reasonably the integrity and security of the platform's database and content. Notwithstanding the foregoing, the user acknowledges that, in the event that the information found in the HBL database is compromised by fortuitous event or force majeure, the latter will be exempt from any liability for the damages that such loss may cause the user.
11. PARTICULAR OBLIGATIONS OF THE OWNERS.
11.1 The OWNER is solely responsible for determining their tax obligations and proceeding to declare and pay the applicable taxes according to their type of rental, the occupancy tax, the tourist tax or any other visitor tax or income tax that may be applicable ( "Taxes").
11.2. It is recognized that there is a possibility that the tax administration may require us to collect appropriate tax information from owners.
11.3. The owner agrees that any claim or request for action regarding the facilitation by HBL of the collection and transfer of taxes will generate a duty to cooperate with the authorities regarding those investigations.
ANNEX A. RESERVATION AND HOUSING RENTAL CONDITIONS.-
ABOUT THE RENTAL OF HOMES OR REAL ESTATE.-
1. Binding contract. Once the tenant enters into a relationship with the property and therefore, the owner, according to the individual housing rental policies indicated on the platform. The housing rental agreement becomes binding and, therefore, both the owner and the tenant are obliged to comply not only with the terms indicated here, but also with the obligations detailed in this "housing rental" section, as well as those specific rules imposed by the owner for the property in question (housing use policies). This in addition to the general terms and conditions of HBL and those derived from the law, uses and customs.
1.2 An accepted reservation must be honored by the owner, if not, it will give rise not only to the refunds and penalties indicated above, but HBL and the tenant may require by the means they understand pertinent in law, compensation for any damage suffered, including damage to image and loss of opportunity.
1.3 In the event that the property cannot be occupied, for unforeseen reasons and not attributable to HBL, HBL will propose to the tenant another housing alternative with characteristics equal to or greater than the one reserved, with payment of the difference in price or reimbursement being unnecessary.
2. Obligation of the owner. As it is a binding rental contract, the owner undertakes to respect the use of the property in favor of the TENANT during the agreed period, from the time the reservation is confirmed. The violation of this obligation will entail the reimbursement of all the travel expenses of THE TENANT, including air tickets, transportation costs to the premises and alternative housing rental costs for not being able to occupy that, plus 50% of those values as compensation.
4. CLAUSE FOR CASES OTHER THAN TERMINATION. HBL may terminate this agreement, at any time and without any justification, with the sole condition of notifying the user within a period of five days prior to the effective date of termination. In no case will said termination imply that HBL commits its responsibility. In case of termination, the confirmed reservations must be honored, which will also be imposed in the event that the termination comes from a cause of the owner, who must necessarily honor and comply with the confirmed reservations.
5. Security deposit. In specific and limited cases, a rental may carry a security deposit. For this, a valid credit card must be provided to HBL to act as guarantee for any loss or damage to the property (including its contents) during the rental period. HBL may charge said credit card for these losses or damages and electricity consumption above the standard daily average.
5.1Prior to charging for loss or damage, HBL will notify and discuss with the owner and tenant. If one is required to pay an additional cash security deposit (indicated in your payment details), the deposit will be refunded after receiving authorization from the owner. Refunds or guarantee applications will be made between 2 and 4 weeks. In some destinations, it may take several months before the owner has authorized the rebate payment.
5.2 It is part of HBL's accounting procedure to reconfirm each payment received. The execution of said process could imply a credit or a debit, as appropriate.
6. Identification of tenants. Before proceeding with the reservation, the renter may be required to provide identification for all persons traveling, as security measures may vary from region to region.
7. Property damage. The tenant will be solely responsible for all damages, losses, injuries and losses in connection with the occupation or use of the rented property and their companions or guests. He must ensure that the property and all furniture, fixtures and effects remain in the same condition and location as when he checked in.
7.1. Insurance. - The owner may equally insure the property against loss or damage, as he chooses.
8. Use of the property. The tenant may not carry out any illegal activity on the property or any activity that could reasonably be considered a nuisance or annoyance to the owner or neighbors. The tenant must behave with civility; avoid disturbing neighbors such as loud music, acts of prostitution within the property, exhibitionism, acts of violence, excessive noise, unacceptable behavior, hygiene and appearance, among others. In that sense, any notorious lack of conduct or violation of good customs, house rules and the rules of decorum, will be a cause for immediate termination of the rental.
8.1 Unless the owner or HBL designates the property as “pet friendly” – friendly for pets. You may not bring any animals into the property.
8.2 The tenant undertakes to ensure faithful compliance with health regulations, taking responsibility for the corresponding infractions.
8.3 The total number of guests cannot exceed the number identified as maximum occupancy in the property offer.
8.4 Parties, weddings, receptions, and activities open to the public, meetings with third parties, guests other than registered tenants are not allowed. Any exceptions will require advance written permission, proof of insurance, and other requirements and fees as deemed necessary.
8.5 The tenant will look after and take care of the rented property as a prudent and reasonable person. He will not carry out acts that threaten his/her integrity; therefore, he will behave with full prudence and caution. He recognizes that he must see to his/her own care and safety.
9. Limitation of Liability. Neither HBL nor the owner will be responsible for damages, losses or injuries caused by conditions beyond their control, including, without limitation, any fire, flood, hurricane, tsunami, war, revolution, terrorism or change to any law, regulation or government policy. That is, any fortuitous event, force majeure or strange cause exempt from liability.
9.1. HBL nor the owner will be responsible for any damage, and in particular, HBL will not be responsible for any special, indirect, consequential or incidental damages, or lost profits, derived from or related to this website and the associated software or the information contained in him. Whether said damages have their origin in this contract, negligence or recklessness on the part of HBL.
10. Situations with the property. The tenant must immediately notify HBL of any problem related to the property. HBL will use reasonable efforts to remedy problems, but will not consider claims submitted after you have checked out.
11. Early Termination. The tenancy may be terminated immediately if the tenant breaches one or any of the terms of the tenancy. You must vacate the property immediately. Staying in it will be considered a direct violation of property rights and an illegal transfer of private property.
12. Particular conditions of the property. The tenant acknowledges that he has read and accepted the section of the particular rules for the use of the home that he is going to rent and therefore agrees to comply with and abide by said rules and conditions.
13. The guest accepts and acknowledges that all satisfaction evaluations will be the sole and exclusive property of HBL, therefore, by accepting these terms and conditions, they assign all rights to the content to HBL.
THE OWNER accepts that the payments towards him for the rent of the house through the platform will be made on a monthly basis. In this sense, every thirty (30th) day of each month, the cut-off report of the income for that month will be made and the payment will be remitted according to the banking instructions that appear in this annex, during the first fifteen (15) days of the following.
HBL will generate a detailed report of the origin of the RESERVATIONS, the amounts, discounts made by HBL for payment to third-party providers in the country and city of destination of the owner's home, for management, arrangements and purchases of the property to maintain the standards and occupations in optimal conditions, which will be delivered or made available to THE OWNER.
These payments will be made based on the occupations already carried out and not on the advances of money for future rents.
It is essential for THE OWNER to accept, assume and acknowledge that it is and will be responsible for the payment of taxes that may correspond to the rental of the home or any income related to its property in the country in which it is located. THE OWNER recognizes that generally the different jurisdictions provide that rental income is taxable income in their country and therefore, THE OWNER must observe and take care of good management in that order of ideas; for which, you must, at your own expense and if necessary, seek the assistance or advice of a professional authorized for this purpose.
In case of doubts or concerns about the privacy policies or about the terms and conditions, do not hesitate to contact us.