Terms and Conditions of Services

[ French version will follow ]

Our website "www.Calafell.App" is an online platform who provide services and functions which enable property owners and managers "Host" to establish a relationship and interact with individuals/users and potential "Guest" in order to rent or book a vacation rental such as an apartment or a home

If you use our website, you are considered a user or as potential "Guest" and this implies full acceptance without any reservation of any point of the “Guest T&C" Terms and Conditions of Services

Short terms or vacations rental/services contracts are concluded only between the "Guest" and the "Host". Our company, the Vacation Division "VD" of Nox Europe Ltd is not, and does not become, a third party to any contractual relationship between the "Guest" and the "Host" and in its web-hosting status it is not obliged to mediate between the "Guest" and the "Host" in the event of any dispute arising between them.
We are not acting as an agent on behalf of “Host” and disclaim all liability arising from any such agreements, even if our website facilitates the booking or cancelation for a vacation property or the use of other tools such as services or certain responsibilities related to payment handling and dispatch of legal documents required by government and local authorities.
All services provided are in digital form and no hard copies of data or services will be made available.
Our website is operated by “Us” or "We", the Vacation Division "VD" of Nox Europe Ltd, Registered in Ireland. Registration no.688612, 13 Upper Baggot Street, Dublin 4, D04 W7K5.
"VD" of Nox Europe Ltd is not a real estate broker, a travel agency or an organizer/retailer of travel packages under Directive (EU) 2015/2302 and not acting as a trader for the purpose of linked travel arrangements.

Booking and booking payments and safekeeping are operated by an independent certified third party provider (certified and fully PCI-DSS Compliant) and by a certified Electronic Money service provider in accordance with EU laws and regulated by the national central bank regulator.

"VD", of Nox Europe Ltd, do not recommend nor guarantee any information obtained by a link through a third party which comes from a web to our website, neither is it responsible for any loss, claims or damages derived from the use or bad use of a link or the information obtained through it, including other links or webs, interruption of service or in the access, or trying to use or incorrect use of a link, even if the connection is via our website
To the extent permitted by mandatory consumer law, we’ll only be liable for a direct result of a failure on our behalf, to the extent permitted by applicable protection laws and regulations.
The information, the availability and services included in the Website could include errors or spelling mistakes. Periodically changes in the contents will be made. We may introduce improvements and changes in our services or contents at any time, without further notice
The structure, design, and way of presenting the elements (graphs, images, files, logos, brands, trademarks, color combinations or intellectual property or any protected element) are property of their respective owners

Please note that, we do not sold your personal data to anyone, we only use it to book your reservation and ensure the payment.
Security is a priority and therefore we make the maximum effort to assure that our process in terms of transactions is secure and in order to keep your personal information safe. Be aware of any identity theft or false Email scheme (Spoofing or Phishing), Do not let anyone else use your username or your password, keep it secret.
If you have any questions concerning the usage of the site or Legal or Security issue, please use the web site page " contact us "

“Guest T&C"

1. General understanding

These terms and conditions rule and determine the relationship between “VD” and the "Guest". If you do not fully agree to theses “Guest T&C” and you’re not over 18 years, you are not authorized to access or use our website.
It is Guest’s responsibility to read carefully and understand all related terms, the cancellation policy and the requirements prior to book/reserve an apartment, a home or a service. The “Guest” is responsible for its actions and must agree to abide by, all laws, rules, and applicable regulations.

2. Price

When you make a reservation (or a booking), you agree to pay the price and any charges that may apply during your stay. To make a reservation, you may need to create an account.

It's your responsibility as a "Guest" to make sure that all your information are correct including your Email, contact phone number and ID’s or you might not be able to access to it.
If a “Guest” is be able to make an online reservation, it shall be approved or declined by the “Host” within 48 hours, except in the case where the “Host” has authorized instant booking.
When the “Guest” receives a confirmation of a reservation, a contract between him and the “Host” is formed directly.
The “Guest” has the privilege to enter and occupy the property after 14h00 (Check-In) and must leave and vacate it before 10h00 (Check-Out). If the “Guest” overstay after the Check-Out, the “Host” may apply penalties.
The “Guest” acknowledges that all properties are non-smoking areas and animals are not allowed. A strict “Cleaning Policy” will be applied in this case.
The “Guest” also agrees to pay any damage to the “Host”, caused by him or by the persons accompanying him during his stay, even if he was not fully there in accordance with the “Damage Policy”.
The “Guest” is not authorized to exceed the maximum number of allowed persons in the apartment or in the home. If so, the “Host” may apply penalties and shall be calculated on a pro-rata basis to the number of days booked by the "Guest".
The “Guest” agrees to leave the property in the same general clean and undamaged condition it was when he arrived, you’re are responsible during your stay for maintaining the cleanliness of the property. The “Host” reserve the right to charge the “Guest” for additional cleaning fees in accordance with the “Cleaning Policy”.
As “Guest”, you can report any eligible cleaning issues to “ Us ” by taking circumstantial photos immediately after entering in the property.
Noticeable errors and mistakes are not binding “Us" and may happen, so if the “Guest” books a luxury apartment for ridiculous low price, we may simply cancel and stop this reservation from happening and refund the “Guest” the paid amount

3. Prepayment & Deposit

For some reservations, the “Host” will require a prepayment or a deposit. Hence, if the “Guest” cancels, not show the day of the stay, or be in late arrival situation, it may have consequences on your booking and your non-refundable rates. You’re required to carefully read the “Cancellation Policy” as displayed in the booking process, before making any reservation and submit your payment.

4. Cancellation Policy

There are several types of prices and accordingly, several cancellation policies related, the most common are describe hereby:

• Free cancellation until 15 days before arrival, No payment before, less than 15 days ;
• 30 % Deposit and Free cancellation until 7 days before arrival, Remaining balance the day of the entrance. Less than 7 days, you will receive no refunds ;

Some reservations can’t be cancelled for free, while others can be cancelled before a specific deadline.
If you think you won’t arrive on time, " Contact-Us ", to arrange your arrival, so the “Host” will not apply a “No-Show” penalties. In any case, the “Host” is not liable, if you are found to be late during your arrival.

5. Refunds

The online payment service is subject to the terms and conditions of a third party payment provider. Refunds will be always in EUR and handled immediately, however the timing to receive refunds depend on the payment method used and the third-party payment provider. Currency conversion will be, undoubtedly, different from the exchange rate used during the initial booking process paid initially.
Furthermore, certain financial institutions and the third-party payment providers may apply certain fees to issue a refund, which are not refunded

6. Internet & WI-FI Policy

By using the “Host” property Wi-Fi, the “Guest” must agree and comply with the "Wi-Fi Policy". This agreement is intended to prevent unacceptable uses of the internet on behalf of the “Host”.
The "Wi-Fi Policy" does not enumerate all possible inappropriate uses, but the following activities are strictly forbidden:
• Illegally downloading music, films, software, and other digital goods… (“Piracy”)
• Gaining unauthorized access to programs, systems, websites… (“Hacking”)
• Accessing content that considered adult-oriented (“Pornography”) or violent imagery
• Attempting to bypass the Web filter to access blocked materials
Those found to be in violation of inappropriate use of the “Wi-Fi Policy” may be subject to banishment. The “Host” may reserve the right to share data with local authorities and government regulations in case of unlawful or criminal activities.
Wi-Fi Access will be password protected, the “Guest” will then be provided with the appropriate password

7. Damage Policy

Damage policy is due, if the “Guest” or anyone who accompanying him during his stay, abuse or misbehave (such as theft), or damage any furniture or equipment of the property.
It also includes all negligent care, reckless and unlawful behavior during the stay.
After reviewing the lawfulness of the claim, and if it’s legitimate, the “Guest” will be charged for the costs of replacement and repairs that occur.
Any payment you make to settle the damage would be between you, the “Guest” and the “Host”. Our platform will only organize it on your behalf

8. Cleaning Policy

The “Guest” agrees to leave the property in the same general clean and undamaged condition it was when he arrived, you’re are responsible during your stay for maintaining the cleanliness of the property.
You’re required to return tables and chairs to their original arrangement, dispose of trash into an outside city dumpster, remove any decorations and clean off all surfaces, completely lean out the fridge, and clean dishes (or run dishwasher), clean bathrooms and all bedrooms and should include vacuuming.
The “Guest” agrees to reimburse the “Host” for any expense incurred resulting by an additional cleaning service: 80 EUR, 120 EUR, 150 EUR and 380 EUR, subject to the nature and the scope of cleaning.
The “Guest” acknowledges that animals are not allowed in the property. By bringing a Pet, the “Host” will apply penalties for extra cleaning at the maximum rate (380 EUR)
As a “Host”, you can report any eligible cleaning issues to “ Us ” by taking circumstantial photos immediately after entering in the property

9. No Smoking Policy

A No Smoking Policy is in effect. Smoking is prohibited in all areas, including terraces and balconies. The “Guest” shall not smoke or permit others to smoke. The “Host” will apply penalties for extra cleaning at the maximum rate (380 EUR)

10. Legal requirements

Rental contracts are concluded only between the “Guest” and the “Host” and they are responsible for performing their obligations. In our web-hosting status, we do not ratify or guarantee the veracity and the accuracy of any information in the listing, please note that “Host” is entirely responsible for all provided services, information and images.
Local jurisdictions may require that all Guests must be registered with local/central authorities during their stay, for legal requirements, “Guest” must comply and provide IDs and information. “Host” must fulfill this obligation
In certain jurisdictions, the “Guest” is liable for the payment of “Stay Taxes” or "tourist taxes" per day that take in place by local authorities
In accordance with Article 14.1 of Regulation (EU) 524/2013; the European Commission provides a platform for online dispute resolution which is available at the following link: http://ec.europa.eu/consumers/ ; Consumers can submit their claims through the platform online dispute resolution.

“Host T&C”

1. General understanding

If you publish/list your property using our platform, you are considered a property owner/manager and as a "Host" and this implies full acceptance without any reservation of any point of the “Host” Terms and Conditions "Host T&C".
When a "Host" publishes a listing in our website in order to establish a relationship, he interacts with "Guest" in order to rent an apartment or a home; he shall fix the rules, set the price and the availability.
When a "Host" receives a confirmation of a reservation via our platform, he accepts to enter into a contract with the “Guest”. He becomes responsible for delivering the services agreed upon at the price set minus our applicable fees subsequent to a Non-Disclosure Agreement* “NDA” -Annex 1

"VD" of Nox Europe Ltd will deduct amount of our fees from your payout. Therefore, the contract is concluded only between the “Guest” and the “Host” and they are responsible for performing their obligations.
The “Host” is independent and responsible and must agree to abide by, all laws, rules, and applicable regulations
The “Host” is responsible for determining and fulfilling all occupancy tourist taxes, income and the other applicable taxes.
The “Guest” has the privilege to enter and occupy the property after 14h00 (Check-In) and must leave and vacate it before 10h00 (Check-Out). If the “Guest” overstay after the Check-Out, the “Host” may apply penalties.
The “Host” must guarantee that calendar availability is up to date, in order to be instantly booked online by the “Guest”. Also, above all, the “Host” must guarantee the veracity and the accuracy of all information in the listing accessible in our platform.
The “Guest” must also allow “Us” to use this information and amend related pictures and details for web-hosting and commercial purpose.
Local jurisdictions may require that all Guests must be registered with local/central authorities during their stay, for legal requirements, Guests must comply and provide their IDs and information. “Host” must fulfill this obligation.
In certain local jurisdictions, “VD”, may comply to report some information about “Guest”, for legal requirements.
“Host” and “Guest” are responsible for any Booking Alterations they agree to make.
The agreement between the “Host” and “VD” is valid after signed by both parties and is entered into effect, for an indefinite period, unless agreed otherwise

2. Termination Policy

In case of termination, no matter of which reason, the “Host” will remain accountable to deliver the services agreed upon at the price set minus our applicable fees subsequent for all confirmed reservations.
The “Host” or “VD” may terminate this agreement at any time by sending us an email or by blocking your calendar availability for more than 90 days by giving a 30 days’ notice.
These terms and conditions are subject to change without notice; changes made will be posted into this website.

3. Cancelling Policy

As a “Host”, you should not cancel a confirmed reservation without a valid reason, except in the case of force majeure or exceptional circumstances.
Cancellations undermine confidence in our platform. For that reason, if the “Host” is found to be responsible, a penalty shall apply
The penalty shall not exceed 1000 EUR and not less than 80 EUR, withheld from payouts or after noticing and invoicing.

^{*Non-disclosure agreements are legal contracts that prohibit someone from sharing information deemed confidential, which includes, but not limited to, proprietary business information, commercial and trade secrets, and any other details which may include personal information or events.}

Conditions Générales de Vente et de Services

Notre site Web " www.Calafell.App " est une plate-forme en ligne qui fournit des services et des fonctions permettant aux propriétaires et aux gestionnaires "Host" d'établir une relation et d'interagir avec des individus/utilisateurs potentiels "Guest" afin de louer ou de réserver une location de vacances tel qu'un appartement ou une maison individuelle

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