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Conditions and Terms

23 July, 2019 by Nadege Mateus

Terms and conditions of the home management partnership between the Owner and Tess Vacation Rentals

FIRST – That Tess Vacacional is a platform that allows suppliers of tourist accommodation to introduce their own accommodation offer, and that this offer can be booked by tourists through the portal itself or through its authorised distributors (hereinafter referred to as affiliates). Tess Vacacional does not provide accommodation services and is only an intermediary between the provider and the tourist. Therefore, by making a reservation on Tess Vacacional a direct contract and legal link is established between the tourist and the supplier.
SECOND – That the supplier has as its activity the management of tourist accommodation and is interested in marketing it through Tess Vacacional and its affiliates with the exception of those already used by the supplier (appendix). The supplier declares that he has a valid legal title to dispose and rent the accommodations. He also certifies that he has the necessary tourist permits and licences to carry out the activity and to market each accommodation that he introduces in Tess Vacacional.
THIRD – In view of the above, they agree to enter into this commercial collaboration contract, whereby Tess Vacacional undertakes to promote the supplier’s accommodation and the supplier undertakes to accept online bookings from Tess Vacacional, in accordance with the conditions and procedures established in this contract.
FOURTH – Tess Vacacional will charge the supplier a commission for the provision of its services consisting of a percentage of the total price of each confirmed booking. The amount, calculation method and settlement procedure is set out in the annex to this contract.
FIFTH – Modifications to the contract may be made without the need to sign a new one, as long as they are agreed in writing and are recorded in a fax or email. In the event of modifications to the general terms and conditions to adapt them to new legal or business circumstances, Tess Vacacional reserves the right to do so by written communication to the supplier, using the email address specified above. If the supplier does not object to this modification within 10 days, it will be understood that he tacitly agrees to it.
SIXTH – This contract shall enter into force on the day of its signature and shall have an indefinite duration. Both parties may terminate the contract at any time by giving at least 30 days written notice to the other party. Reservations already confirmed prior to notification must be honoured by both parties. And for the record, and in proof of conformity and acceptance of the contents of this contract, both parties sign it in duplicate, together with the general conditions and annexes, on the date and at the place indicated.

It is the supplier who, through the computerised means allowed by Tess Vacacional, sets the prices, the extra services, the characteristics of the accommodation, the photos, the minimum stays and rules of occupation, the security deposit, etc. The supplier guarantees that the information provided is correct. The provider is responsible for the correctness and accuracy of the data. The information on the accommodation or photos must not include telephone numbers, fax numbers, web addresses, watermarks, etc. Tess Vacacional reserves the right to edit or delete incorrect data or information that violates the terms of this agreement. Tess Vacacional may also expand this information, include new content and translate it into other languages.
The supplier shall at all times publish on Tess Vacacional the same or better rates and discounts than those offered on other portals or websites that are in competition with Tess Vacacional. The parity of rates does not apply in the case of special promotions for a closed group of users, as long as this promotion is not displayed in a visible and public way on a competing portal.
Tess Vacacional shall in no case be liable for possible damages caused by deficiencies in the products and services contracted or by differences between what is published in the system and what is offered to the client. It shall be the sole responsibility of the supplier to resolve these claims and, if applicable, to pay any compensation. In the case of complaints about the price, derived from the breach of the second clause of rate parity, Tess Vacacional shall immediately notify the supplier of the complaint and the supplier shall rectify the rate published in Tess Vacacional, as well as, if applicable, rectify the price of the reservation made in order to adapt it to the best price.
In the event that it has been agreed that the booking is guaranteed by sending the credit card number, the supplier will be responsible for verifying the validity of the same. Furthermore, in order to avoid fraud, the supplier is obliged to validate the identity of the tenant who has made the payment and to keep proof of this identity for later examination.
The supplier authorises Tess Vacacional to advertise its establishment, products, buildings and accommodation on its portal, its network of authorised affiliated websites and also in online marketing actions, including email marketing or pay-per-click (PPC).
Tess Vacacional will ask customers who have stayed at the provider’s accommodation to comment on their stay and rate different aspects. Tess Vacacional reserves the right to publish these comments on the portal and affiliates. The provider accepts that Tess Vacacional is merely a distributor of such comments and is not responsible for the content. The supplier also accepts that the comments he has on his website may be displayed on Tess Vacacional.
The supplier shall indemnify and compensate Tess Vacacional (or its administrators) for debts, costs, demands and claims that it has paid for the following reasons: claims by customers relating to incorrect or misleading information about the establishment, overbooking costs etc. as well as claims that the supplier has not complied with its legal or tax obligations.
The supplier is responsible for the correct treatment and confidentiality of the client data received from Tess Vacacional and must comply with the applicable data protection laws.
MISCELLANEOUS. – Tess Vacacional reserves the right to stop publishing on the website all or any of the client’s accommodation in the event that, in its opinion, it does not meet the quality criteria or fails to comply with any of the obligations of this contract. In the event that a client requests an invoice, the provider as service provider shall be obliged to provide it. For all disputes arising from this contract the parties submit to the court of Malaga, Spain.

ANNEX: Commission, terms of payment, cancellation and settlement
Tess Vacacional will receive a commission per confirmed booking of 10% of the total amount of the booking. VAT or other taxes, if applicable, will be added to this commission.
The booking will be considered confirmed with the payment of the deposit or advance payment by the tourist. The deposit will consist of the payment to Tess Vacacional of 50% of the total amount of the rental.
The commission will be applied to the total amount of the booking, including any extras that may be sold through our portals, such as cots, cleaning, management fees, etc.
In case of cancellation the following conditions apply:
– More than 1 month before the arrival date, a penalty of 10% of the total amount of the reservation will be charged.
– Less than 1 month before the arrival date, 100% of the total amount of the reservation will be charged.
. In the event that Tess Vacacional manages the cancellation and is responsible for returning the money to the client, Tess Vacacional will be entitled to charge its commission on the amount of the penalty.
Tess Vacacional will settle the bookings with the supplier in the first week of each month. The settlement will include all bookings with an entry date in that month. The settlement will consist of the payment of the deposits collected, minus the invoice for the commissions in favour of Tess Vacacional.