Terms and conditions of CoSpace Canarias service

Last update: 02/03/2022

Welcome to COSPACE CANARIAS! We developed an online platform which allows you (HOST & GUEST) to use the services within the platform. From the HOST point of view, it allows you to add your spaces, manage your reservations through the dashboard and from the GUEST point of view, it allows you to book through the different spaces, to communicate with the HOST and to manage your reservations via the web platform. The following are our home rules and enjoy the service!!

1. Introduction

1.1 Welcome to the COSPACE web platform (www.cospacecanarias.com). We will refer to our web platform and other services as our “Services”, and COSPACE CANARIAS will be addressed individually or collectively as “COSPACE”, “We”, “Us”, or “Our”. Read the following Terms of Service carefully before using the platform COSPACE CANARIAS or any of our services. By accepting these terms of service, you are entering into an agreement between COSPACE CANARIAS SL, having its administrative seat at JOSE RODRIGUEZ MOURE, 17 2 - 38008 Santa Cruz de Tenerife and with provisional company number (B16679383) and yourself. Please note that the use of this platform is restricted to legal entities and professionals and is specifically not intended for consumers unless they are acting in a capacity of host/guest as defined below.

If you are an individual (“Host”) or you are a (“Guest”), or (“Organization” or “Business company”) accessing or using our web platform then you agreeing to this agreement on behalf of yourself and you are warrant that you have the legal authority to bind yourself to this Agreement. References to “you” and “your” in this agreement will refer to both the individual using the web platform cospace and host, guest and organization/company.

1.2 Our “Services” include (a) the Platform, (b) the Services provided by the Platform, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted or provided to us by Users using our Services will be “Your Content”. Your Content includes your usernames, profile pictures, listing photos, listing description, reviews, comments, videos, messages between the (“Host”, “Guest”, “Companies”) and us.

1.3 Our services include (without limitation) an online web platform service that provides a site and opportunity for the:

“Host”: to register,modify,delete,edit one or multiple spaces of coliving, coworking and co-experience in the web platform and to manage and monitor the reservations of the guests via the dashboard provided from (“COSPACE”) and also to be a “Guest” of the service as well. The service provided from us includes also to switch from the guest status to host status via the platform.

“Guest” can access to the service via our platform and navigate and browser the different spaces added by the hosts, guests can access also the details of the spaces added and check the different offers and the details of the space and can make the reservation and manage it via their personal dashboard provided form us as a service of cospace.

The actual contract related there to (“a booking”) is concluded directly between the guest and the host. We are not a party to that contract and as such not liable in any way for any breach related to said contract or any other ancillary contract between guest and host. We do not pre-screen users and any of your content . We cannot ensure that Users will actually complete a booking.

1.4 We reserve the right to change, modify, suspend or discontinue all or any part of this platform or services at any time. We may release certain services or their features while they are still considered to be a beta version (first version of our web platform, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limit on certain features or restrict your access to parts of, or the entire platform or service at our sole discretion without notice or liability.

1.5 We reserve the right to refuse to provide you access to the platform or service or to allow you to open an account without any requirement on our part to state reasons.

2.Privacy

2.1 We know and we understand that your personal information is important to you, so it’s crucial and important to us. Our privacy policy details how your information is used when you use our Services. When using our Services or providing information on the platform, you consent to our collection, use, disclosure and processing of your content and personal data as described in the privacy policy. You represent and warrant that any information you provide in connection with our platform and services is and will remain accurate and complete, and that you will maintain and update such information as needed. To the extent that there is any contractidition between the provisions of this agreement and the privacy policy regarding personal data, the provisions of the privacy policy shall prevail.

2.2 Users in possession of another user’s personal data obtained through the use of the services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of its personal data) the right to remove its collected data from user (receive of personal data) from our database upon first request.

3. Your Account

3.1 You will need to create an account with Us to use our Services or COSPACE may create one for you (including appropriate content) if you grant us permission to do so by email or any other text digital version that we can proof this interaction, which establishes your consent to the extent required by applicable law. Here are a few rules about accounts with us (“COSPACE CANARIAS”):

3.1.1 We may reject, or require that your change, any username, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential and accounts are not transferable; you, and not Us, are responsible for any use or misuse of your user name or password, and you must promptly notify Us of any confidentiality breach or unauthorized use of your user name or password or your account.
3.1.2 If you are sharing an account with other people, then the person’s name on the account will ultimately be responsible for all activity.
3.1.3 The rules set out in this section are applicable for all Users. Host accounts can however be managed by Us and check them when they register the space, in order to validate or verify their information for the improvements of the User’s services. The Hosts hereby grant us permission to do so.
3.1.4 We may (but have no obligation to) monitor, evaluate, alter or remove Your Content before or after they appear on the platform, or analyze your access to or use of the platform. We may disclose information regarding your access to and use of the platform, and the circumstance surrounding such access and use, to anyone for any reason or purpose without prejudice to the Privacy Policy.

4.Limited Rights

4.1 We grant you limited and revocable rights to access and use of our platform and of our services, subject to our terms of service. All proprietary content, trademarks, service marks, brand names, logos, algorithms, architectures and other intellectual property displayed on the platform are the property of COSPACE CANARIAS and where applicable, third party proprietors identified as such. All trade names, trademarks, service marks and logos on the platform not owned by us are the property of their respective owners. Nothing contained on the website should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

4.2 You agree not to copy, distribute, republish, mirror, frame or create derivative works without Our prior written consent.

5. Your content

5.1 Content that you post using our Services is your content. This includes usernames, profile pictures, space photos, listing descriptions, reviews, comments, video, etc.

5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you’re not infringing or violating any third party’s rights by posting it and you fully indemnify US and will hold Us harmless at your sole expense in the event that Your Content infringes upon the rights of a third party.
5.1.2 In connection with our Platform, you must not:

– Post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
– Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, time/logic bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
– Harvest or collect information about Users of the Platform or the Services.
– Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, including by hacking or defacing any portion of the Platform; or violate any requirement, procedure or policy of such servers or networks.
– Restrict or inhibit any other person from using the Platform.
– Restrict or inhibit any other person from using the Platform.
– Reverse engineer, decompile or disassemble any portion of the Platform, except where such restriction is expressly prohibited by applicable law.
– Remove any copyright, trademark or other proprietary rights notice from the Platform.
– Remove any copyright, trademark or other proprietary rights notice from the Platform.
– Remove any copyright, trademark or other proprietary rights notice from the Platform.
– Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Platform content, or reproduce or circumvent the navigational structure or presentation of the Platform, without Our express prior written consent. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Platform.

5.1.3 If you believe in good faith that content that you own or have rights to, has been made available on the Platform without your permission and you want it removed, please contact Us. If content on our Platform infringes another person’s intellectual property, we will remove it if we receive proper notice substantiated by evidence.
5.1.4 For Our Hosts we can offer (if requested and for a fee) the service of a professional photographer taking pictures of the Host’s rooms, premises or venue. The pictures will be provided to you so you can publish them as part of your profile. They will be yours, but when publishing on our Platform, are subject to Our Terms including the license grant contained therein.

6. Your Use of Our Services

6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you.

6.2 You are responsible for paying all fees that you owe us, You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.

6.3 Violations of this policy may result in a range of actions on Our part at Our sole discretion, including any or all of the following: listing deletion, account suspension or deletion or legal action.

6.4 If you believe a User on Our Platform is violating these Terms, please contact Us.

7. Purchase and Payment

7.1 Currently we only support Credit Card payments. These payments are processed through third-party payment channels, their terms and applicable fees may vary depending on the jurisdiction you are in.

7.2 All transactions concluded through the intermediary of our Platform are legally binding. The Host is obligated to complete the Booking with the Guest in a prompt manner unless an exceptional circumstance arises in which case the Host and the Guest may agree to annul the transaction. This will not have any impact on any Commissions which are due to Us pursuant to these Terms.

8. Cancellation Booking

All the remboursement fees (host and guests) will be charged by the payment system fees (PAYCOMET), our third-party payment channel.

8.1 Cancellation of the reservation by the guest

8.1.1 If the cancellation is less than 24h with respect to the reservation, the guest will receive a cospace voucher spendable for Cospace services. If the time of the cancellation is between 24h and 72h then the guest will receive a partial remboursement of 50% with respect to the original offer at the moment of the reservation. If the cancellation is before 72h then the guest will receive a total remboursement of his/her reservation. If the guest doesn’t show up the day of the reservation, the guest will not receive the remboursement and the Cospace voucher and the cancellation will be automatic after 00h of the next day. If the guest communicates to us (by the different channels provided for the technical support) this delay, then the days before his arrival will be removed automatically from the reservation, but the guest could anyway continue his reservation from his arrival date and there is no remboursement to the guest for the day missed.

8.2 Cancellation of the reservation by the guest

8.2.1 If the guest cancels the reservation before 24h, the host will receive 80% of the entire price offer. If the cancellation is between 72h and 24h, the host will receive 40% of the entire price offer. If the cancellation is above 72h, the host will receive 100% of the entire price offer. The host cannot cancel a reservation manually. In order to cancel a reservation, you should fill a form indicating the motivation of the cancellation and Cospace will review this form and can give the host a visibility penalty regarding the space depending on the motivation given in the cancellation form. The maximum penalty is 3 month of no visibility on the platform.

9. Host’s Responsibility

9.1 Hosts will properly manage and ensure that relevant information such as the price and the location, the description and capacity of premises offered for Booking and will not post inaccurate, out of date or misleading information. The Hosts are solely responsible for updating any relevant information such as description and capacity of premises, location and pricing.

9.2 Pricing is determined by the Host at its own discretion, but We expect transparency about pricing for Our users. Therefore, the Host is not allowed to increase the pricing in relation to the Host’s commission fee set by the Platform. If our Users or We find out the Host is quoting lower prices on their own website or any other way, the Host will refund the User the difference. We will limit access to its account to investigate if this was intentional or not. Pricing should include any taxes applicable at the time of Booking. Hosts shall not charge a Guest such amounts additionally and separately or add additional hidden charges.

9.3 Hosts will issue additional receipts, credit card slips or tax invoices to a Guest on request as per the applicable regulation.

10. Disputes with Other Users

10.1 If you find yourself in a dispute with another User of our Services or a third party, We encourage you to contact the other party and try to resolve the dispute amicably.

10.2 Should you be unable to resolve the dispute between you and another user, We may step in to help resolve the dispute. If you would like Us to get involved, please contact Us. We will help in good faith based on our policies. However, We will not make judgments regarding legal issues or claims nor do We guarantee in any way that Our involvement will lead to a satisfactory outcome. We may at any time, at our sole discretion, end Our involvement in an ongoing dispute without any requirement on Our part to motivate such a decision but which will most likely be related to the fact that we do not have sufficient evidence to settle the matter.

10.3 Whether you are a Guest or a Host, you must cooperate in good faith with Us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request. Such requests will be directed to your designated email address. If we are unable to get a response from you, We may close the investigation.

10.4 Disputes as a Guest

10.4.1 You may raise two types of disputes, one where the service is not rendered and the Host is not responding to any of your attempts to communicate. The second type of dispute is whenever the premises or location deviate substantially from what was represented to you by the Host.
10.4.2 You may pursue a report about a Booking or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same Booking. If you raise a dispute with Us and subsequently file a chargeback with your card provider, we will end our involvement immediately.
10.4.3 If you have received a refund/exchange from the Host, you may not report that Booking.
10.4.4 If the service is not rendered, We will ask the Host to provide proof that the service was rendered.
10.4.5 If the premises or location deviate substantially from what was represented to you by the Host, and both parties cannot come to an agreement, We will make a fair decision based on all the information in Our possession. We will exercise our decision-making authority based on numerous factors, which include the description as represented, communications between you and the Host as well as any documentation provided. All decisions made by Us are final and legally binding for both the Guest and the Host.

10.5 Disputes as a Host

10.5.1 As a Host, We encourage you to communicate actively with your Guest especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your Guest in order to avoid any unnecessary disputes.
10.5.2 With respect to a claim that services were not rendered, we will contact you to request proof that the services were rendered. We will make a fair decision based on all the information in Our possession. We will exercise our decision-making authority based on numerous factors, which include the description as represented, communications between you and the Host as well as any documentation provided. All decisions made by Us are final and legally binding for both the Guest and the Host.
10.5.3 With respect to disputes relating to a substantial deviation from the description represented by the Host, We will be reviewing description and images that were provided at the time of Booking. If both parties cannot come to an agreement, We will make a fair decision based on all the information in Our possession. We will exercise Our decision-making authority based on numerous factors, including the description at the time of Booking, communications between the Host and the Guest as well as any documentation provided. All decisions made by us are final and legally binding for both the Guest and the Host.
10.5.4 If the Guest attempts to pursue any chargeback options, we end our involvement.

11. Disputes with Us

11.1 If you are displeased with our Services, please let Us know and hopefully We can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:

11.1.1 Governing Law. The Agreement incorporated into these Terms is governed exclusively by Spanish and European law.
11.1.2 You agree that any dispute or claim arising from these Terms (including, without limitation, any disputes related to the interpretation, the performance, the validity, the termination of these Terms as well as any torts closely associated with these Terms) will be settled exclusively by the Tribunal de Justicia de Canarias which shall have exclusive competence to hear any such disputes regardless of your location or domicile.

If you need to contact Us, please click on “contact us” for Our contact details. We value hearing from Our users and are always interested in learning about ways We can improve our Services. By providing your feedback you agree that you are giving up any rights you have in your feedback so that We may use and allow others to use it without any restriction and without any payment to you.