Welcome to BI2RENT.
This document sets out the terms and conditions that will govern the use of BI2RENT services, both on the website www.BI2RENT.com, as well as in its applications for iOS/Android (hereinafter "the platform"), owned by BI2RENT RENTALS SL, provided with CIF B05447594, hereinafter "BI2RENT".
- That he/she has read, understands and understands the contents of this document.
- That he/she is a person with sufficient capacity to contract under the conditions set forth herein.
- That he/she assumes, accepts and agrees to abide by all the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all actions and contracts made through the BI2RENT platform.
The registration in BI2RENT attributes the condition of user of the platform (hereinafter the "USER") and implies the acceptance of all the terms included in these general conditions of use and contracting.
The conditions of use and contracting may be subject to change and it is the responsibility of the user to keep informed of them. Therefore, the user should carefully review these general conditions of use and contracting each time he/she uses the platform.
At any time and without prior notice, we may make any modification or update of content and services that will not affect in any way the services or conditions of those contracted prior to such modification.
1.- IDENTITY OF THE PARTIES
On the one hand, the provider of the services contracted by the users is BI2RENT RENTALS SL, with registered office at Calle Pont i Vic, 1 (Palma de Mallorca), Balearic Islands, CIF B05447594, registered in the commercial register of Palma de Mallorca, with customer service telephone number, +34 620 810 660 and email address: info@BI2RENT.com.
On the other hand, the USER, registered on the website by means of user name and password, for which he/she has full responsibility of use and custody, being also responsible for the veracity of the personal data provided to the provider.
For the purposes of these conditions, the following definitions are considered differentiating the two types of users of our services, depending on the use made of them:
- OWNER User (hereinafter: "OWNER"): the one who publishes and offers for rent a property owned by him or over which he declares to have sufficient power of disposal to act as operator or on behalf of the owner, which enables him to advertise, book, manage and process the contracting of such rental entirely through the platform.
- RENTER User (hereinafter: "RENTER"): the person who reserves and contracts the temporary rental of a property published on the platform.
In these general terms and conditions, OWNER Users and RENTER Users are jointly referred to as the "USER" in all matters of common application, and in turn, the particular terms and conditions that bind "OWNER" and "RENTER" Users respectively are included.
OWNER Users may become RENTER Users, or vice versa, at any time and indistinctly, since the platform allows mixed use of the same, so that a USER may use the platform acting simultaneously as owner and tenant.
2.- PURPOSE OF THE CONTRACT
The purpose of these Terms of Service and Conditions of Use is to regulate the access and use of the services offered by the platform by the Users, as well as the relationship between the Users themselves through the platform.
3.- OPERATION OF THE PLATFORM
3.1. ACCESS TO THE PLATFORM AND CREATION OF AN ACCOUNT:
You can browse our platform without registering or opening an account but the use of BI2RENT services is conditional upon prior registration of the user and the verifications required in each case.
Users can register by email and provision of personal data or through the remote registration service enabled for this purpose through Facebook, Google or Apple, so that the user authorizes BI2RENT access to your registration database on Facebook, Google or Apple, as appropriate, allowing to obtain your personal information from these platforms in order to complete the registration process in BI2RENT.
The User is responsible for all account activity and for maintaining the confidentiality of his or her password. If you discover that someone else has used your account without your permission you must report it immediately by email to info@BI2RENT.com, so that we can take appropriate action.
The registered user will be responsible at all times for the custody of your password, assuming the damages that may arise from its misuse, as well as the transfer, disclosure or loss of it, pledging to diligently guard it as an element of authentication on the platform and to change it periodically at least annually.
The access to restricted areas and/or the use of the services and contents under the password of a registered user shall be deemed to be made by such registered user for all purposes, who shall be liable in any case for such access and use.
The services offered by BI2RENT are directed exclusively to persons of sufficient legal age to be able to formalize a binding contract, therefore, to create an account it is required to have a minimum age of 18 years. If we deem it necessary, we may ask any user, at any time, to prove their age. BI2RENT reserves the right to delete the account of users whose age of majority is doubtful or insufficiently accredited.
The user guarantees that all registration information submitted is accurate and truthful. The data entered by the user must be accurate, complete, current and truthful at all times; do not choose names that are offensive or infringe on the rights of another person or register a third party without their express permission and consent. Otherwise, it will be considered a violation of these general terms and conditions and this may result in the immediate closure of the user account and its consequent expulsion from the platform, subject to any legal action that may be appropriate.
The user releases BI2RENT from any liability for any possible claim arising from the inaccuracy or untruthfulness of the data provided in its registration.
3.2. RULES OF USE OF THE PLATFORM:
We expect all BI2RENT users to behave responsibly and make this place enjoyable. To this end, the USER agrees to expressly abide by THESE RULES:
I. Use the platform and all its content and services in accordance with the law, morality, public order and these general conditions. Likewise, you agree to make appropriate use of the services and/or contents of the platform and not to use them for illegal or criminal activities that infringe the rights of third parties and/or violate the legal system or the applicable rental regulations.
II. Not to transmit, introduce, disseminate or make available to third parties any type of material and information (data, content, messages, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these general conditions.
III. Not to perform any action that infringes the law or violates the rights of others or any contract or legal duty you have with any natural person, legal entity or public administration.
IV. Not to incorporate links, email addresses or telephone numbers in communications between users through the platform prior to the formalization of the reservation, either explicitly or encrypted through letters, words or codes, in order to establish direct contact outside BI2RENT.
V. Not to disseminate, transmit or make available to third parties any information, element or content:
- That infringes fundamental rights and public freedoms recognized constitutionally and in international treaties.
- That involves a violation of intellectual and industrial property rights, patents, trademarks or copyrights belonging to BI2RENT or third parties.
- That violates the secrecy of communications and personal data legislation.
VI. Do not introduce or disseminate content of racist, violent, xenophobic, pornographic, advocacy of terrorism or that undermine the dignity of persons.
- Do not use our platform to promote, in any way, exclusion, discrimination, hatred or violence against any person or group based on social or ethnic origin, gender, race, religion, disability, age or sexual orientation.
- Do not post sexually explicit, aberrant, degrading or abusive videos or images of people or animals, or links to sites containing such material.
- Do not carry out, through articles or content, any type of action that promotes death or harm to people or the destruction of private property.
VII. Do not harass anyone. Do not harass, defame, slander or attack other people through actions or violent, threatening, abusive, malicious, offensive, profane or invasive of their privacy.
VIII. Do not lie. Do not publish or disseminate false, misleading or inaccurate information. Do not perform any fraudulent action or introduce ambiguous content in a way that may mislead the recipients of the information.
IX. Do not use the personal information of other users provided to you through BI2RENT for unlawful or unauthorized purposes. When using BI2RENT, specifically when booking a property, you may receive information from other users, such as name, email address, telephone and mailing address.
- Users expressly authorize the disclosure of data to (potential) contractual parties, i.e. OWNERS or RENTERS.
- Users are prohibited from using the addresses, contact data and e-mail addresses obtained through the Platform for purposes other than communication and fulfillment of the lease agreement entered into between the parties. It is especially forbidden to transfer such data to third parties or use them for sending advertising.
X. Not to impersonate others. Do not publish or offer other people's properties as their own or act as an intermediary or on behalf of others, without being reliably qualified to do so. For this purpose, BI2RENT reserves the right to require the document proving such authorization or representation at any time and under penalty of exclusion from the platform if not provided within the time limit.
XI. Not to disseminate, transmit or make available to third parties any information, element or content that constitutes unlawful or unfair advertising.
- Do not Spam the comments sections or other users with offers of goods and services, advertising or inappropriate messages.
- Do not distribute unsolicited or unauthorized advertising or promotional material, junk mail, spam or chain letters. Do not make or use mailing lists or any type of automatic response service or spam.
XII. Do not introduce or disseminate on the network data programs (viruses and malicious software) likely to cause damage to BI2RENT or through BI2RENT.
- Do not interfere with the proper functioning of the Services.
- Do not circumvent the measures we have put in place to protect the Services.
- Do not attempt to damage or gain unauthorized access to any system, data, passwords or any other information, whether owned by BI2RENT or by a third party.
- Do not take any action that imposes an unreasonable burden on our infrastructure or our users (we reserve the right to interpret and determine what is reasonable).
- Do not use any manual or automated software or device to "crawl" any part of the Website.
- Do not disassemble or reverse engineer any aspect of BI2RENT in an attempt to access the source code, fundamental ideas or algorithms, among other things.
XIII. Hold BI2RENT harmless against any possible claim, fine, penalty or sanction that you may be forced to bear as a result of a breach of any of the above rules of use or local regulations that may be enforceable, and BI2RENT reserves the right to seek compensation for damages that may be due as a result of such breach.
BI2RENT reserves the right to terminate the account of those users who make inappropriate use of it or do not respect the observations and prohibitions provided by these general conditions.
4.- GENERAL OPERATION OF THE PLATFORM.
BI2RENT is an international platform dedicated to the ONLINE RENTAL OF TEMPORARY ACCOMMODATION, from 1 month (30 nights) to 1 year (365 nights).
When an OWNER user publishes his/her property on BI2RENT, he/she is offering it to other users (tenants) to book and contract online stays of fixed duration in that property, by means of a seasonal rental contract.
The OWNER is solely responsible for his decision to advertise or reserve his property, to pay the appropriate taxes and to refund the deposit to the tenant at the end of each stay.
The OWNER is absolutely responsible for the management of his reservations through the platform and the RENTER, in turn, is responsible for the reservations he confirms and for the use he makes of the property.
The OWNER exercises direct, absolute and immediate control at all times over how, when and for how much he/she wants to rent his/her property, establishing the rules of use of the house, the available/blocked dates of the calendar, as well as customizing the prices in the same calendar and being able to make discounts for stays longer than 90 or 180 nights, respectively. Likewise, the owner can consult previous evaluations of the tenant and is free to reject a reservation request received and the RENTER, in turn, can consult evaluations of the Property.
If the OWNER, when configuring the ad of his property, activates the instant booking option, his ad will be indicated with a yellow lightning bolt symbol next to the price. This will mean that users will be able to book a stay on available dates without the need to send a previous request, so the reservation will be confirmed for all purposes as soon as the tenant formalizes the payment of the same.
To formally request a reservation, the RENTER must provide a method of payment in order for BI2RENT to retain the established price for the stay, plus the cleaning fee set by the owner, the corresponding security deposit and our service fee.
Bi2Rent is authorized to accept payments on behalf of the owner as an intermediary agent. This means that the tenant's payment obligation is satisfied by payment to Bi2Rent.
The rental cost and deposit are paid to the landlord approximately 24 hours after the time of arrival, once the tenant has verified that the property meets the advertised essential characteristics.
When the RENTER enters the property (scheduled CHECK IN time or 3:00 PM if not specified) he/she has 24h to check the property and notify the owner and BI2RENT of any lack, defect or substantial modification in the property with respect to the features and description advertised on the platform.
If BI2RENT verifies that it is indeed a significant enough reason to terminate the contract, the tenant will leave the property and will be refunded the full cost of the reservation, along with the cost of cleaning and BI2RENT's service fee.
If, on the other hand, it is a defect or deficiency that can be remedied within a reasonable period of time, it will not constitute sufficient reason to terminate the contract and the owner will be required to remedy it in the shortest possible time. If the landlord does not comply with such request, the TENANT may state so in the evaluation after his/her stay, and if this situation is repeated, it may lead to the expulsion of the OWNER from the platform.
If 24 hours after the check in none of the above circumstances occurs, BI2RENT will transfer to the OWNER the price of the stay plus the cleaning fee and the security deposit, through the payment method selected by the OWNER.
If the reservation is cancelled or rejected by the owner, the full amount of the reservation will be automatically refunded to the tenant. However, if the tenant cancels, the tenant will receive a refund in accordance with the applicable cancellation policy. There is no possibility to cancel a stay once the stay has started.
BI2RENT will act as a mediator between the parties and reserves the right to expel from the community users who violate our terms of service or the conditions related to their reservations, as well as to take or participate in the appropriate legal actions, so you should share with us any infringement or disagreement.
We provide Users with some useful resources in our "Help" section and by e-mail: firstname.lastname@example.org.
4.1.- FORMALIZATION OF THE CONTRACT IN ACCORDANCE WITH THE RESERVATION.
By authorizing the payment, the RENTER is accepting the conditions included in the reservation, the house rules and the applicable cancellation policy, being adhered, as "Renter", to the corresponding rental contract, to which the Owner will also be bound as "Renter" when confirming the reservation, either explicitly or implicitly (if it is an instant reservation).
A copy of such contract will be provided to either party by email upon request.
If applicable, this contract shall state the identity of the contracting parties, the identification of the rented accommodation, the agreed duration, the costs, and any other clauses freely agreed upon by the parties.
BI2RENT does not offer legal advice, therefore, in no case can it be considered that the platform is advising the parties, since we only make available a model contract that the parties are free to use.
The parties, OWNER and TENANT, are therefore solely responsible for the scope of the agreements contained therein, without BI2RENT offers no warranties, either express or implied, with respect to the model contract and its content, quality or suitability for specific purposes.
OWNER and TENANT are solely responsible for verifying that the contracts adhere to the legal provisions applicable to them for the conclusion of lease/reservation contracts in accordance with the legal system applicable to them.
BI2RENT shall not be a contractual party to the reservation or lease contract and the contractual relationship of the USERS with BI2RENT shall be limited to the provision of the intermediation services detailed in these Terms and Conditions.
4.2.- SECURITY DEPOSIT OR BOND
The OWNERS may establish the amount of the Security Deposit or Deposit when setting up the advertisement of their property, with the sole purpose of covering possible damages or flaws that the RENTER may cause in the same, not intended to cover the cost of supplies such as water, electricity, gas, etc. or possible defaults, since the total cost of the stay is paid in advance.
Bi2Rent collects the security deposit, together with the rental cost, and pays it to the owner approximately 24 hours after the arrival time, once the tenant has verified that the property complies with the essential characteristics advertised.
During the week following the end of the stay, the OWNER must return the deposit to the RENTER, in whole or in part, as appropriate, by the method of payment provided by the latter, having verified that there is no damage to the property, or, if any, having made a specific and verifiable evaluation and quantification of them.
BI2RENT does not manage the deposits nor can it be held responsible for the management or return of the same, since in certain cities the owners are required to deposit them in a public administration, which is why they must remain at the disposal of the owner until they are returned.
In compliance with its applicable regulations, THE OWNER must be aware of the deposit obligations of the deposit that correspond to him and deposit it in the corresponding agencies if their local legislation establishes such obligation.
Once BI2RENT transfers the Security Deposit or Bond to the OWNER, BI2RENT is not responsible for the administration or acceptance of any Owner's Claim for Damages related to the Security Deposit or Bond.
I- Difference between cancellation of formalized Reservation and unilateral cancellation of contract.
A reservation is understood to be formalized when the RENTER makes the payment and the OWNER accepts it, explicitly or implicitly -in case of having activated the Instant Reservation-.
From that moment on, both accept the conditions contained in the reservation, the rules of the house and the applicable cancellation policy, being adhered, as "Tenant" and "Landlord" to the corresponding lease, which will be consummated when the TENANT takes possession of the property and the OWNER receives the payment.
A copy of the lease will be provided to either party by email upon request.
II.-Cancellation of Formalized Reservation: This refers to the willingness expressed by the OWNER or TENANT to revoke the formalized reservation prior to the consummation of the corresponding lease, that is, prior to the arrival of the TENANT and payment to the OWNER.
In this case, once the cancellation will be manifested by any of the parties, the consequences detailed in the cancellation policy selected by the OWNER, which is applicable to the reservation and to which the OWNER and RENTER are bound, will be applicable.
III.- Unilateral cancellation of the contract: Unilateral termination of the contract.
The unilateral termination of the contract refers to the unilateral will expressed by the OWNER or TENANT to terminate the rental contract in advance when the contract has been consummated and all its effects have been deployed, that is to say, when the tenant has already begun his stay in the property and the owner has received the corresponding payment.
In this case and unless expressly and freely agreed between the parties, Bi2Rent does not provide for the possibility of early termination of the lease or the right to compensation of any of the parties.