Terms and conditions
Terms and Conditions
1.- PURPOSE
These general conditions (hereinafter, the “General Conditions”) govern the provision of consulting services and management of revenue management and big data (hereinafter, the “Services”) offered to the client tour operator (hereinafter, the “Customer”) by Tourdata tech s.l. (B02933802) with registered office at C/Ambar 7, 29.004 Malaga (Spain) (hereinafter, “Turbosuite”).
These General Terms and Conditions supplement, insofar as they do not conflict with them, the covenants set forth in the corresponding Service Order given by the Customer (hereinafter, the “Service Order”).
The General Conditions should be read in conjunction with those on privacy and other issues that are published on the website www.turbosuite.com. The Customer may check in each case the General Conditions in force and applicable on the website, in accordance with the provisions of the section “Adhesion to the General Conditions”.
2.- ADHERENCE TO THE GENERAL CONDITIONS
The completion and telematic sending of the Service Order expresses full and unreserved adherence to each and every one of the General Conditions described below, as expressly stated in the Service Order. In this sense, when the customer accepts the hiring of any service through the Turbosuite platform or send the service order via email to the company, the customer is accepting all the General Conditions published on the web.
The customer will subscribe to the first Order of Services that he/she orders from the Company by sending an e-mail or by subscribing telematically through the SaaS www.turbosuite.com immediately accepting all these General Terms and Conditions.
To this effect, in case of contracting services subsequent to the original Service Order, from that moment on, you will be able to issue new and fully valid Service Orders through the e-mail address specified in the original Service Order or by simply extending the original telematic subscription with the extension of the different services you wish to use in the Turbosuite.com platform.
The Client acknowledges and accepts that Turbosuite may consider as validly placed any Service Order coming from the e-mail address specified by the Client, as well as any indication made by the Client from the e-mail address specified in the original Service Order. Turbosuite declines all responsibility with respect to Service Orders or instructions that may be issued from said e-mail account by parties other than the Client, since the custody of said e-mail account corresponds exclusively to its owner.
The Customer agrees that the General Conditions corresponding to the original Service Order shall be those applicable to subsequent Service Orders except as provided in the Modifications to the General Conditions clause.
3.- SERVICE ORDERS
By signing the Service Order, the Customer requests and consents to the provision of the Services under the terms described in Clause 4 below. The Service Orders shall be sent to Turbosuite duly completed by the Customer through the e-mail address indicated in the Communications section or through the subscription forms on the website www.turbosuite.com. In particular, the Customer must have correctly and fully provided each and every one of the data requested as mandatory. The Services chosen will be provided in the property/s designated by the Client in the Service Order (hereinafter, the “Accommodation or establishment”) without being transferable to other properties, unless the parties sign a new Service Order.
Services in addition to or different from those contracted through the Service Order shall not be provided unless a new Service Order is signed. Service Orders must be submitted at least 48 hours prior to the time the Service is to be provided.
If reasonably necessary, Turbosuite may request from the Client additional information about the Accommodation, accounting data, booking data, rates, reports or any other information that is reasonably necessary for the provision of the Services. The Client agrees to provide it as soon as possible and, in any case, before the time of the provision of the Service to enable the work of Turbosuite. In the event that the Customer fails to provide the requested information, Turbosuite shall not be obliged to provide the corresponding Service.
4.- SERVICES
4.1- General description of the Services
The main purpose of the Company is to assist the client in the management of the establishment’s reservations, the realization of activities such as consultancy of the reservations department, advice on reservation and reputation management, yield & revenue management actions such as price changes, rates or promotions that help to improve the performance of the establishment.
4.2- Client’s Purpose
The Lessor declares that the purpose of this contract is to improve the quality of the accommodation booking service in order to obtain better returns from its economic exploitation and the provision of complementary services that the Client cannot or does not wish to provide directly.
4.3- Description of services
4.3.1. CUSTOMIZED HOTEL CONSULTING SERVICE
The consulting service will involve the provision of the following services with the specialties indicated, if any, below: Turbosuite will perform a series of studies and analysis based on the data provided by the client in relation to the establishment:
Consulting on hotel distribution mix, rate plan, cancellation terms and conditions, promotional programs and offers in the different distribution channels.
Analysis of the book of reserves, last year to day, pick up, forecasting and backcasting.
Analysis of the different local demand generators of the destination where the lodging is located.
Diagnosis of the current situation and drafting of a new strategic plan with a proposal for market segmentation and marketing mix actions to be implemented.
The minimum contract period for the hotel reservation management audit service shall be 12 months.
METHOD OF PAYMENT
A) LOUBLE CHARGE: The price for the services of the Hotel Reservation Management Consulting Service 4.3.1 shall be 3,000 euros (three thousand euros) per hotel establishment or 500 euros in the case of a tourist apartment per contracted unit (including all services described in clause 4.3.2 of these general conditions).
B) HOURLY CHARGE: Being the hourly rate of 37€/hour, it will be calculated according to the number of hours dedicated to the development of the contracted services and that will be accredited by means of the opportune weekly liquidations in which the tasks developed and the number of hours consumed are detailed.
The contracted service is listed below:
● ●____Consulting on hotel distribution mix, rate plan, cancellation terms and conditions, promotional program and offers in the different distribution channels.
● ●____Book analysis, last year to day, pick up, forecast and current backasting.
● ●____Analysis of the different drivers of local demand in both destinations.
● ●____Diagnosis of current situation and drafting of new strategic plan with proposed market segmentation and marketing mix actions to be implemented.
4.3.2. Yield & Revenue Management Service – PLAN TURBOSUITE VRPS (Vacation Rental Pricing Suite )
Turbosuite will perform the following functions:
Turbosuite will advise on the agencies (OTAs, GDSs, B2B, VVRR, etc.) or channels it considers most suitable for publishing the establishment.
Turbosuite will establish the rental conditions of the Lodging, as allowed by the web platforms on which it is advertised. Turbosuite may give indications to the client about the rules to be published in the advertisement of the Accommodation, the minimum periods of reservations, restrictions, applicable rates, as well as promotions, offers and any other conditions that may be set on web platforms on the Accommodation and whose determination is not expressly contained in this contract. In this sense, the Client acknowledges and accepts that these modifications required by Turbosuite are necessary to boost sales and improve the profitability of the establishment whose final result is not entirely guaranteed and therefore is not the responsibility of Turbosuite that the results achieved are those that have been projected for a given period. In the absence of criteria expressly indicated by the Client, the Client shall consider the criteria followed by Turbosuite in the establishment of the aforementioned conditions, terms, prices and restrictions to be correct.
The Customer may indicate to Turbosuite the policy of cancellation of reservations that you wish to maintain in relation to the Accommodation on the web pages on which it is promoted, but it will be advisable to adopt the paradigm designed by the company with respect to the tariff plan and the terms and conditions associated with each rate, offer or plan determined by the micro segment to which it is directed. Therefore Turbosuite, unless otherwise stated, will determine the different cancellation policies and terms, especially regarding restrictions, promotions, discounts or marketing actions, elaborated by Turbosuite once the first onboarding phase is concluded.
In the absence of criteria expressly indicated by the Client, the Client considers the criteria followed by Turbosuite regarding the cancellation policy and other terms to be correct.
Turbosuite is not responsible for cancellations that may be made by guests in accordance with the cancellation policy defined for the Lodging.
Turbosuite will acquire the status of “administrator or co-host” provided by the property rental web platforms and the client undertakes to complete all the formalities required by the web platform to enable it to do so. In the same sense the Client will give access to the PMS, Channel Manager, GDS and booking engine to be able to manage the sending of prices, as well as the modifications of the tariff structure, price plans, offers, restrictions and all the necessary actions to boost sales or to improve the obtained income.
The Client authorizes Turbosuite to act in its name and on its behalf through the web platforms to, without limitation in relation to the management of reservations, in particular in relation to sending prices, special offers, restrictions and organize the calendar at its discretion in the various channels allowing closures at the entrance or exit, as well as blocks to improve parity; deal with the platform owner company for any management related to the reservations and revenue of the tourist rental; and any other issues that may be required within the web platforms on which the accommodation is published associated with its yield & revenue management task, as well as reputation and improvement of customer loyalty via digital channels.
The customer will receive access to the Turbosuite SaaS in the :
Multidashboard , Multiprice MP4 and Smart Suite Calendar
Once the initial onboarding process is completed, TurboSuite will begin to perform the recommended dynamic pricing service tasks. If there is integration between TurboSuite and PMS or Channel Manager systems that the client has contracted, prices will be sent automatically from TurboSuite by means of a weekly push directly to the PMS or CM. In the case that there is no integration, prices will be sent by Excel files via email to the client so that he can publish them in the different agencies or the client can download them from his access to the Smart Suite Calendar section in www.Turbosute.com .
The price at which the lease of the Accommodation will be offered will be determined by the TurboSuite computer software, through a process of market data treatment and calculated based on a pricing algorithm based on internal and external conditions to the establishment, all in order to optimize the economic performance of the tourist lease of the establishment.
The Client authorizes Turbosuite to vary the rental price up or down depending on demand and other market circumstances. In any case, the Client may set a minimum price below which the Accommodation may not be rented.
In the event that the Client does not propose a price at which to fix the lease, it assumes as adequate the price established by Turbosuite.
The minimum contract period for the Yield & Revenue management service is 12 months.
4.3.3. Yield & Revenue Management Service – PLAN TURBOSUITE ARS Revenue Suite Apartments
Turbosuite will perform the following functions:
Turbosuite will advise on the agencies (OTAs, GDSs, B2B, VVRR, etc.) or channels it considers most suitable for publishing the establishment.
Turbosuite will offer services such as Booking Book Analysis, Pick up, Occupancy Evolution, Price Evolution, Search Results in the local market Rate Shopper, Booking.com Ranking, Total Set, and more.
It will check the photos and information of the Accommodation in the web pages or portals it deems appropriate in order to attract potential guests. To this end, the Customer agrees to provide Turbosuite sufficient information and photographs of the Accommodation for its location in those portals. The Client declares to be solely responsible for the accuracy of the information provided to Turbosuite and shown in the advertisement of the Accommodation.
It will establish the rental conditions of the Accommodation, the fixing of which is allowed by the web platforms on which it is advertised. Turbosuite may give indications to the client about the rules to be published in the advertisement of the Accommodation, the minimum periods of reservations, restrictions, applicable rates, as well as promotions, offers and any other conditions that may be set on web platforms on the Accommodation and whose determination is not expressly contained in this contract. In this sense, the Client acknowledges and accepts that these modifications required by Turbosuite are necessary to boost sales and improve the profitability of the establishment whose final result is not entirely guaranteed and therefore is not the responsibility of Turbosuite that the results achieved are those that have been projected for a given period. In the absence of criteria expressly indicated by the Client, the Client shall consider the criteria followed by Turbosuite in the establishment of the aforementioned conditions, terms, prices and restrictions to be correct.
The Customer may indicate to Turbosuite the policy of cancellation of reservations that you wish to maintain in relation to the Accommodation on the web pages on which it is promoted, but it will be advisable to adopt the paradigm designed by the company with respect to the tariff plan and the terms and conditions associated with each rate, offer or plan determined by the micro segment to which it is directed. Therefore Turbosuite, unless otherwise stated, will determine the different cancellation policies and terms, especially regarding restrictions, promotions, discounts or marketing actions, elaborated by Turbosuite once the first onboarding phase is concluded.
In the absence of criteria expressly indicated by the Client, the Client considers the criteria followed by Turbosuite regarding the cancellation policy and other terms to be correct.
Turbosuite is not responsible for cancellations that may be made by guests in accordance with the cancellation policy defined for the Lodging.
Turbosuite will acquire the status of “administrator or co-host” provided by the property rental web platforms and the client undertakes to complete all the formalities required by the web platform to enable it to do so. In the same sense the Client will give access to the PMS, Channel Manager, GDS and booking engine to be able to manage the sending of prices, as well as the modifications of the tariff structure, price plans, offers, restrictions and all the necessary actions to boost sales or to improve the obtained income.
The Client authorizes Turbosuite to act in its name and on its behalf through the web platforms to, without limitation in relation to the management of reservations, in particular in relation to sending prices, special offers, restrictions and organize the calendar at its discretion in the various channels allowing closures at the entrance or exit, as well as blocks to improve parity; deal with the platform owner company for any management related to reservations and rental revenue; and any other issues that may be required within the web platforms on which the Accommodation is published associated with its yield & revenue management task, as well as reputation and customer loyalty improvement via digital channels.
The client will receive access to the Turbosuite SaaS in the modules of:
Multiprice MP3 , Multidashboard , Booking Analysis , Pickup , Rate Shopper , Aspirational , Forecast
Once the initial onboarding process has been completed Turbosuite will begin to perform the recommended dynamic pricing service tasks. If there is integration between TurboSuite and PMS or Channel manager systems that the client has contracted, prices will be sent automatically from TurboSuite by means of a weekly push directly to the PMS or CM. In the case that there is no integration the prices will be sent by means of Excel files via mail to the client so that he/she can publish them in the different agencies or the client can download them from his/her access to the Smart Suite Calendar section within www.Turbosute.com.El. The price at which the lodging lease will be offered will be determined by the TurboSuite computer software, through a process of market data treatment and calculated based on a pricing algorithm based on internal and external conditions to the establishment, all this in order to optimize the economic performance of the tourist lease of the establishment.
The Client authorizes Turbosuite to vary the rental price up or down depending on demand and other market circumstances. In any case, the Client may set a minimum price below which the Accommodation may not be rented.
In the event that the Client does not propose a price at which to fix the lease, it assumes as adequate the price established by Turbosuite.
The minimum contract period for the Yield & Revenue management service is 12 months.
4.3.4. Yield & Revenue Management Service – TURBOSUITE HRS ONE PLAN (Hotel Revenue Suite )
Turbosuite will perform the following functions:
Turbosuite will advise on the agencies (OTAs, GDSs, B2B, VVRR, etc.) or channels it considers most suitable for publishing the establishment.
Turbosuite will offer services such as Booking Book Analysis, Pick up, Occupancy Evolution, Price Evolution, Search Results in the local market Rate Shopper, Booking.com Ranking, Total Set, and more.
It will check the photos and information of the Accommodation in the web pages or portals it deems appropriate in order to attract potential guests. To this end, the Customer agrees to provide Turbosuite sufficient information and photographs of the Accommodation for its location in those portals. The Client declares to be solely responsible for the accuracy of the information provided to Turbosuite and shown in the advertisement of the Accommodation.
It will establish the rental conditions of the Accommodation, the fixing of which is allowed by the web platforms on which it is advertised. Turbosuite may give indications to the client about the rules to be published in the advertisement of the Accommodation, the minimum periods of reservations, restrictions, applicable rates, as well as promotions, offers and any other conditions that may be set on web platforms on the Accommodation and whose determination is not expressly contained in this contract. In this sense, the Client acknowledges and accepts that these modifications required by Turbosuite are necessary to boost sales and improve the profitability of the establishment whose final result is not entirely guaranteed and therefore is not the responsibility of Turbosuite that the results achieved are those that have been projected for a given period. In the absence of criteria expressly indicated by the Client, the Client shall consider the criteria followed by Turbosuite in the establishment of the aforementioned conditions, terms, prices and restrictions to be correct.
The Customer may indicate to Turbosuite the policy of cancellation of reservations that you wish to maintain in relation to the Accommodation on the web pages on which it is promoted, but it will be advisable to adopt the paradigm designed by the company with respect to the rate plan and schedule of terms and conditions associated with each rate, offer or plan determined by the micro segment to which it is addressed. Therefore Turbosuite, unless otherwise stated, will determine the different cancellation policies and terms, especially regarding restrictions, promotions, discounts or marketing actions, elaborated by Turbosuite once the first onboarding phase is concluded.
In the absence of criteria expressly indicated by the Client, the Client considers the criteria followed by Turbosuite regarding the cancellation policy and other terms to be correct.
Turbosuite is not responsible for cancellations that may be made by guests in accordance with the cancellation policy defined for the Lodging.
Turbosuite will acquire the status of “administrator or co-host” provided by the property rental web platforms and the client undertakes to complete all the formalities required by the web platform to enable it to do so. In the same sense the Client will give access to the PMS, Channel Manager, GDS and booking engine to be able to manage the sending of prices, as well as the modifications of the tariff structure, price plans, offers, restrictions and all the necessary actions to boost sales or to improve the obtained income.
The Client authorizes Turbosuite to act in its name and on its behalf through the web platforms to, without limitation in relation to the management of reservations, in particular in relation to sending prices, special offers, restrictions and organize the calendar at its discretion in the various channels allowing closures at the entrance or exit, as well as blocks to improve parity; deal with the platform owner company for any management related to the reservations and revenue of the tourist rental; and any other issues that may be required within the web platforms on which the accommodation is published associated with its yield & revenue management task, as well as reputation and improvement of customer loyalty via digital channels.
The client will receive access to the Turbosuite SaaS in the modules of:
Multiprice MP2 ,Multidashboard, Booking Analysis, Pickup, Rate Shopper, Forecast and Rate and Strategy Manager.
Once the initial onboarding process has been completed Turbosuite will begin to perform the recommended dynamic pricing service tasks. If there is integration between TurboSuite and PMS or Channel manager systems that the client has contracted, prices will be sent automatically from TurboSuite by means of a weekly push directly to the PMS or CM. In the case that there is no integration the prices will be sent by means of Excel files via mail to the client so that he/she can publish them in the different agencies or the client can download them from his/her access to the Smart Suite Calendar section within www.Turbosute.com.El. The price at which the lodging lease will be offered will be determined by the TurboSuite computer software, through a process of market data treatment and calculated based on a price determination algorithm based on internal and external conditions to the establishment, all this in order to optimize the economic performance of the tourist lease of the establishment.
The Client authorizes Turbosuite to vary the rental price up or down depending on demand and other market circumstances. In any case, the Client may set a minimum price below which the Accommodation may not be rented.
In the event that the Client does not propose a price at which to fix the lease, it assumes as adequate the price established by Turbosuite.
The minimum contract period for the Yield & Revenue management service is 12 months.
Yield & Revenue Management Service – TURBOSUITE HBI PRO Hospitality Business Intelligence PLAN
Turbosuite will perform the following functions:
Turbosuite will advise on the agencies (OTAs, GDSs, B2B, VVRR, etc.) or channels it considers most suitable for publishing the establishment.
Turbosuite will offer services of Booking Book Analysis, Pick up, Occupancy Evolution, Price Evolution, Search Results in the local market Rate Shopper, Booking.com Ranking, Total Set, Aspirational Competitive Set (max 10 establishments per Booking, Expedia or Airbnb channel).
It will check the photos and information of the Lodging in the web pages or portals that it considers opportune in order to attract potential guests.
To this end, the Client agrees to provide Turbosuite with sufficient information and photographs of the Accommodation for its location on the aforementioned portals.
The Client declares to be solely responsible for the accuracy of the information provided to Turbosuite and shown in the Accommodation advertisement.
It will establish the rental conditions of the Accommodation, the fixing of which is allowed by the web platforms on which it is advertised. Turbosuite may give indications to the client about the rules to be published in the advertisement of the Accommodation, the minimum periods of reservations, restrictions, applicable rates, as well as promotions, offers and any other conditions that may be set on web platforms on the Accommodation and whose determination is not expressly contained in this contract. In this sense, the Client acknowledges and accepts that these modifications required by Turbosuite are necessary to boost sales and improve the profitability of the establishment whose final result is not entirely guaranteed and therefore is not the responsibility of Turbosuite that the results achieved are those that have been projected for a given period. In the absence of criteria expressly indicated by the Client, the Client shall consider the criteria followed by Turbosuite in the establishment of the aforementioned conditions, terms, prices and restrictions to be correct.
The Customer may indicate to Turbosuite the policy of cancellation of reservations that you wish to maintain in relation to the Accommodation on the web pages on which it is promoted, but it will be advisable to adopt the paradigm designed by the company with respect to the rate plan and schedule of terms and conditions associated with each rate, offer or plan determined by the micro segment to which it is addressed. Therefore Turbosuite will determine the different cancellation policies and terms, especially regarding restrictions, promotions, discounts or marketing actions, elaborated by Turbosuite once the first onboarding phase is concluded, unless expressly stated otherwise.
In the absence of criteria expressly indicated by the Client, the Client considers the criteria followed by Turbosuite regarding the cancellation policy and other terms to be correct.
Turbosuite is not responsible for cancellations that may be made by guests in accordance with the cancellation policy defined for the Lodging.
Turbosuite will acquire the status of “administrator or co-host” provided by the property rental web platforms and the client undertakes to complete all the formalities required by the web platform to enable it to do so. In the same sense the Client will give access to the PMS, Channel Manager, GDS and booking engine to be able to manage the sending of prices, as well as the modifications of the tariff structure, price plans, offers, restrictions and all the necessary actions to boost sales or to improve the obtained income.
The Client authorizes Turbosuite to act in its name and on its behalf through the web platforms to, without limitation in relation to the management of reservations, in particular in relation to sending prices, special offers, restrictions and organize the calendar at its discretion in the various channels allowing closures at the entrance or exit, as well as blocks to improve parity; deal with the platform owner company for any management related to the reservations and revenue of the tourist rental; and any other issues that may be required within the web platforms on which the accommodation is published associated with its yield & revenue management task, as well as reputation and improvement of customer loyalty via digital channels.
The customer will receive access to the Turbosuite SaaS in the :
Multiprice MP1 , Multidashboard , Booking Analysis , Pickup , Rate Shopper, Forecast , Rate and Strategy Manager, Yield Control , Reporting, Aspirational Set(Max 10 pcs, compset) , Amenities
Once the initial onboarding process is completed, TurboSuite will begin to perform the recommended dynamic pricing service tasks. If there is integration between TurboSuite and PMS or Channel Manager systems that the client has contracted, prices will be sent automatically from TurboSuite by means of a weekly push directly to the PMS or CM. In the case that there is no integration the prices will be sent by means of Excel files via mail to the client so that he/she can publish them in the different agencies or the client can download them from his/her access to the Smart Suite Calendar section within www.Turbosute.com. The price at which the lodging lease will be offered will be determined by the TurboSuite computer software, through a process of market data treatment and calculated based on a pricing algorithm based on internal and external conditions to the establishment, all this in order to optimize the economic performance of the tourist lease of the establishment.
The Client authorizes Turbosuite to vary the rental price up or down depending on demand and other market circumstances. In any case, the Client may set a minimum price below which the Accommodation may not be rented.
In the event that the Client does not propose a price at which to fix the lease, it assumes as adequate the price established by Turbosuite.
The minimum contract period for the Yield & Revenue management service is 12 months.
4.4- Provision of Services by third parties
Turbosuite may subcontract the provision of any of the Services to third parties of its choice.
4.5- Relationship between the Company and the real estate rental web platform
The Client accepts and agrees that Turbosuite is not a party to any agreement signed between the Client and the property rental web platforms on which the Accommodation is advertised, but will only be its administrator or co-host, nor is it responsible for the rules or decisions that the property rental web platforms may adopt from time to time. Turbosuite disclaims all liability in this regard, to the maximum extent legally permitted.
5.- PRICE OF SERVICES AND PAYMENT
5.1- Price
The Price of the Services shall be that expressed in the Service Order with the specifications contained, as the case may be, in the description of the specific Service in clause 4 and shall always be expressed in Euros.
The price of the Yield & Revenue management services (4.3.2, 4.3.3 and 4.3.4 and 4.3.5) shall be a percentage of the revenue obtained from the rental of the Accommodation. The basis for calculating this percentage shall be obtained by taking the total of the total revenue earned from the rental of the Accommodation in all online agencies, own website or direct bookings minus the commission of the different selling agencies.
Connection set up: Turbosuite will charge an initial connection set up whose cost will vary according to the number of accommodation units contracted according to the following pricing scheme:
If you contract between 10 and 25 units, the initial connection set up will be 34,90€ per apartment or hotel room.
If you contract between 26 and 50 units, the initial connection set up fee is €29.90 per apartment or hotel room.
If you contract between 51 and 100 units, the initial connection set up fee is €24.90 per apartment or hotel room.
If you contract more than 101 units the initial connection set up fee is 14,90€ per apartment or hotel room.
Minimum expenses: To support the minimum expenses, a minimum service fee of €150/month is established, although in the particular conditional service order, a certain percentage may be reduced.
CONSULTING SERVICE (includes all the services described in clause 4.3.1 of these general conditions and its price shall be as detailed below).
The price of the hotel reservation management consultancy service described in section 4.3.1 shall be €3,000 (three thousand euros) per hotel establishment or €500 per tourist apartment per contracted unit. Although in the Order of particular conditioned service can be bonified in a certain percentage.
This service may also be hired at a price per hour of service provided, being the price per hour of €40/hour.
PAYMENT METHOD
The fee for each Service, as well as the expenses incurred shall be paid exclusively by any of the following means at Turbosuite’s option:
a) Charge by credit card detailed in the particular service order.
b) SEPA direct debit order. To the account detailed in the service order.
Non-payments will be settled by means of the appropriate bank transfer to the Company’s account.
Or any other that Turbosuite notifies when issuing the corresponding invoice.
The bank transfer must indicate the invoice number to which the payment corresponds. The Company shall not be liable for any damages and disruptions that may arise from the lack of identification of those transfers that do not include this information for their correct allocation.
5.2- TIME OF PAYMENT
Turbosuite will issue every month an invoice for the previous expired month that will be published on the platform www.Turbosuite.com in the section contracted services – invoices so that the customer can access this information and download the pdf with the settlement and corresponding invoice and check the accuracy of the number and amount of reservations received in the corresponding month and will have 5 days to show disagreement to Turbosuite.
After 5 days after the invoice has been issued without the customer expressing disagreement with the settlement Turbosuite may issue the payment using the contracted means of payment,
Turbosuite will then charge the credit card provided by the CUSTOMER in the service order or issue the appropriate bank receipt. If the CUSTOMER returns a direct debit receipt corresponding to a legitimate invoice and amount, the CUSTOMER shall pay the invoice by bank transfer within 5 working days after notification by Turbosuite plus an additional EUR 25 for return costs.
5.3- EXPENSES AND TAXES
The expenses incurred by Turbosuite for the provision of the Services and which are not expressly included in its description and tariff price, as well as, if applicable, VAT, IGIC and other taxes and fees that may be applicable, are for the account of the Customer, who must pay them together with the price and in the same way chosen to make the payment of this one.
6.- CUSTOMER OBLIGATIONS
In addition to other warranties set forth in these General Terms and Conditions, the customer warrants compliance with the following clauses:
(i) The Client declares that he/she is the owner of the Accommodation or that he/she is the holder of a right of enjoyment of the Accommodation that allows him/her to exploit it. As well as he/she declares that he/she has all the administrative permissions. The Company declines any responsibility that could be demanded for any usurpation on the part of the Client of the rights of any third party, assuming that the possession and availability that it holds over the Accommodation make it its apparent owner.
(ii) The Customer agrees to obtain and provide the requested data to facilitate the provision of the Services by the Company.
(iii) The Client accepts and agrees that Turbosuite is a service provider and is not a party to any agreement between the Client and the property rental web platforms on which the Accommodation or Guests are advertised, nor is it responsible for any rules or decisions that the property rental web platforms may adopt from time to time nor does it have any control over the behavior of the Guests. Turbosuite disclaims all liability in this regard, to the fullest extent permitted by law.
(iv) The Client acknowledges and agrees that Turbosuite has no control over the Guests’ willingness to pay, and therefore, no liability for a breach of contract between a Guest and the Client.
(v) The Client acknowledges and accepts that, in the event that the competent authorities of the place where the Accommodation is located require the payment of any fees, taxes or penalties, it will be the Client who will have to assume them.
(vi) The Client undertakes to maintain the Accommodation in good condition in order to facilitate the provision of the Services by Turbosuite. In the event that the condition of the Accommodation hinders or prevents the provision of the Service, Turbosuite will warn the Lessor by email. In the event that the condition of the Accommodation is not remedied by the Client, Turbosuite may at its option cease to provide the Service for which it was contracted.
(vii) The Customer declares and agrees to keep Turbosuite informed of any change in its contact details and in particular its e-mail address. In such a way that, unless communication of the change of email address, shall be presumed validly made in the email address provided by the Customer all those notifications made by the Company in accordance with these General Conditions. Likewise, any instructions received by Turbosuite from the aforementioned email address or by any of the usual means of communication between the Parties shall be considered valid.
(viii) It is the Client’s obligation to notify any type of dissatisfaction in relation to the correct execution of the Services offered by the Company.
(ix) The client agrees not to attempt to contract, directly or indirectly, the services of any supplier or employee of the Company, including persons in charge of the “Audit or revenue service”.
(x) The Services referred to in this contract are exclusively entrusted to Turbosuite for the duration of this contract. The Client undertakes not to entrust the same or similar Services to a third party or to carry them out by itself during the term of this contract.
(xi) RESPECT RESERVATIONS AND THEIR CONDITIONS The Client must ensure that guests with reservations made through the applications are accommodated appropriately and in accordance with the contract, trying to provide the best service to improve the review.
CANCELLATIONS, CHANGES AND CONTRACT RENEWAL
Services 4.3.1, 4.3.2, 4.3.3, 4.3.4 and 4.3.5 contracted through Service Orders may be canceled once the minimum contract period has elapsed, provided that notice is given 2 months prior to the agreed expiration date.
In the event that the Client fails to comply with the minimum term of this service, Turbosuite may demand, as a penalty clause, the amount of the highest monthly fees invoiced by the Company during the entire period in which the services have been provided, multiplied by the number of months remaining in the contract until the minimum period is reached. If there has been no billing, the minimum monthly indemnity value shall be €2,000 per month. Periods of less than one month shall give rise to the proportional indemnity.
In addition to the provisions of the preceding paragraphs, in the event of unilateral withdrawal of the customer at any time during the life of this contract, Turbosuite will provide the Services for reservations that have been confirmed through the web platforms at the date of communication of the withdrawal, with the corresponding accrual of fees.
In the event that any of these services had been contracted for a certain period of time, once the term established in the Service Order has elapsed, it will be tacitly renewed for an identical period, with the same minimum term, unless the Client indicates its will not to renew it with a notice of 2 months prior to the last day of the last month in which the service is being provided.
7.- DISCLAIMER OF LIABILITY
Turbosuite is not responsible for any possible repercussions that may result from the cancellation of the lease by the Guests.
8.- ADMINISTRATIVE PERMITS
The Tour Operator declares to have processed and obtained all permits, authorizations, licenses or any other administrative requirements that may be necessary for the leasing of its Accommodation.
The tour manager shall indemnify Turbosuite against any administrative infringement or penalty that may be imposed on Turbosuite or the Lessor in connection with the rental activity.
9.- TREATMENT OF PERSONAL DATA
Turbosuite informs the Customer that the personal data provided to the Company in the Service Order or generated in the framework of execution of the contractual relationship between the customer and Turbosuite or the customer and the Guests, will be processed and incorporated into files for which Turbosuite is responsible, for the purposes of the conclusion, execution and control of the contractual relationship, including but not limited to the processing of the Service Order.
The Customer, under the terms provided in the applicable regulations, has the right to know, rectify or cancel any of the personal data included in the file Turbosuite, by contacting in writing, committing the customer to communicate to Turbosuite rectifications or cancellations that apply with respect to the data transferred.
10.- PROFESSIONAL SECRECY. OBLIGATION OF SECRECY AND CONFIDENTIALITY
The parties acknowledge that all the information to which they may have access within the framework of the contract, whether related to the software or to the activity or organization of any of the parties, is of a confidential nature. Thus, the parties agree not to disclose or to maintain the strictest confidentiality with respect to such information, warning their employees, associates or any other person with whom, due to their position or sentimental relationship, must or may have access to such information, of such duty of confidentiality.
Both parties agree that the exchange of information will only be aimed at achieving the objectives of the contract and therefore only be known to those persons strictly necessary for the development of the project.
The confidentiality foreseen in the contract will be in force during the process of rendering the service plus its corresponding extended extensions with a term of 5 more years from the last contract in force, prevailing during this period of 5 years from the termination of the contract.
In the event that the customer or the company or any of its employees fail to comply with this stipulation we would be in a situation of non-compliance and therefore a compensatory indemnity for loss of profits or damages to the customer or the company would be applicable, being able to claim from the other party a penalty according to the economic damage loss of reputation or loss of profits.
11.- COMMUNICATIONS
Any communication between the client-tourist manager and Turbosuite Company regarding a specific Service Order may be made either by e-mail.
For all other communications, Turbosuite designates the following address:
– Address: c/Diseño 8, edificio diseño oficina 5, Pol. Pisa -Mairena del Aljarafe. 41927- (Seville-Spain)
– E-mail: hola@turbosuite.es
The customer’s address for communication purposes shall be the address designated in each case in the corresponding Service Order in accordance with Clause 3 above.
Any communication relating to a specific Order for Services delivered to the addresses indicated above shall be deemed to have been properly made, unless the addressee has previously notified the sender of a change of address at least ten calendar days in advance.
12.- APPLICABLE LEGISLATION
These General Conditions shall be governed by Spanish law interpreted in the courts and tribunals of the city of Seville – Spain, waiving the customer’s own jurisdiction if any.
Seville, April 16, 2022.