Terms and conditions

1.- OBJECT

These general terms and conditions (hereinafter, the “General Terms and Conditions”) regulate the provision of revenue management and big data consulting and management services (hereinafter, the “Services”) offered to the tourist manager (hereinafter, the “Client”) by Tourdata tech s.l. (B02933802) with registered office at C/Ambar 7, 29004 Málaga (Spain) (hereinafter, “Turbosuite”).

These General Terms and Conditions complete, as long as they do not conflict with them, the agreements set out in the relevant Services Order given by the Customer (hereinafter referred to as the “Service Order”).

The General Terms and Conditions should be read in conjunction with any other terms and conditions on privacy and other issues published on the website www.turbosuite.com. The Client may check in each case the General Conditions in force and applicable on the website, in accordance with the section “Adhesion to the General Conditions”.

2.- ADHERENCE TO THE GENERAL CONDITIONS

The completion and telematic sending of the Services Order expresses full and unreserved adherence to each and every one of the General Conditions described below, and this is expressly stated in the Services Order. In this sense, when the client accepts the contracting of a service through the Turbosuite platform or sends the service order via email to the company, the client is accepting all the General Conditions published on the website.

The Customer shall subscribe to the first Services Order that he/she sends to the Company by e-mail or by subscribing telematically via the SaaS www.turbosuite.com and immediately accepts all these General Terms and Conditions.

To that effect, in the event of contracting services subsequent to the original Services Order, from that moment onwards, you may issue new, fully valid Services Orders via the e-mail address specified in the original Services Order or simply by extending the original telematic subscription with the extension of the different services you wish to use on the Turbosuite.com platform.

The Client acknowledges and accepts that Turbosuite may consider as validly placed any Services Order originating from the e-mail address specified by the Client, as well as any instructions given by the Client from the e-mail address specified in the original Services Order. Turbosuite declines all responsibility with regard to Services Orders or instructions that may be issued from this e-mail account by parties other than the Client, since the custody of this e-mail account is the exclusive responsibility of its owner.

The Customer agrees that the General Conditions corresponding to the original Services Order shall be those applicable to subsequent Service Orders except as provided for in the clause on Modifications to the General Conditions.

3.- SERVICES ORDERS

By signing the Services Order, the Client requests and consents to the provision of the Services under the terms described in Clause 4 below. Service Orders shall be sent to Turbosuite duly completed by the Client via the e-mail address indicated in the Communications section or via the subscription forms on the website www.turbosuite.com . In particular, the Client must have correctly and fully provided each and every one of the data requested as obligatory. The Services chosen shall be provided in the property(ies) designated by the Client in the Services Order (hereinafter, the “Accommodation or establishment”) without being transferable to other properties, unless the parties sign a new Services Order.

Services in addition to or different from those contracted through the Services Order shall not be provided unless a new Services Order is signed. Services Orders must be submitted at least 48 hours before 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 undertakes to provide it as soon as possible and, in any case, before the moment of the provision of the Service in order to enable Turbosuite to carry out its work. In the event that the Client does not provide the requested information, Turbosuite shall not be obliged to provide the corresponding service.

4.- SERVICES

4.1- Services Overview

The main purpose of the Company is to assist the client in the management of the establishment’s bookings, carrying out activities such as consultancy of the booking department, advice on booking and reputation management, yield & revenue management actions such as changes in prices, rates or promotions that help to improve the performance of the establishment.

4.2- Client 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 operation and the provision of complementary services that the Client cannot or does not wish to provide directly.

4.3- Services Description

4.3.1. Yield & Revenue Management Services – TURBOSUITE VR PLAN

Turbosuite will carry out the following functions:

  1. Turbosuite will advise on the agencies (OTAs, GDSs, B2B, VVRR, etc.) or channels it considers most suitable for publishing the establishment.
  2. Turbosuite will establish the rental conditions of the Accommodation, as they are permitted 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 lenght of stay, restrictions, applicable rates, as well as promotions, offers and any other conditions that may be set on the 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 it is not the responsibility of Turbosuite that the results achieved are those 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.
  3. The Client may indicate to Turbosuite the cancellation policy he/she wishes 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 the terms and conditions associated with each rate, offer or plan determined by the micro segment to which it is directed. Therefore Turbosuite, unless expressly stated otherwise, will determine the different cancellation policies and terms, in particular with regard to restrictions, promotions, discounts or marketing actions, drawn up by Turbosuite once the first onboarding phase has been completed. In the absence of criteria expressly indicated by the Client, the Client considers the criteria followed by Turbosuite with regard to the cancellation policy and other terms to be correct. Turbosuite is not responsible for cancellations made by guests in accordance with the cancellation policy defined for the Accommodation.
  4. Turbosuite will acquire the status of “administrator or co-host” on 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 rates pushing, as well as the modifications of the rate structure, rate plans, offers, restrictions and all the necessary actions to boost sales or to improve the income obtained.
  5. The Client authorises 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 organising the calendar at its discretion in the different channels, allowing closures on entry or exit, as well as blocking to improve parity; dealing with the company owning the platform for any management related to reservations and tourist 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 improvement of customer loyalty via digital channels.
  6. The client will receive access to the following sections of the SaaS Turbosuite Multidashboard, Multiprice and Smart Suite Calendar
  1. Once the initial onboarding process has been completed, Turbosuite will begin to carry out the recommended dynamic pricing service tasks. If there is integration between TurboSuite systems and the PMS or Channel Manager that the client has hired, prices will be sent automatically from TurboSuite by means of a weekly push directly to the PMS or CM. In the event that there is no integration, prices will be sent with an Excel file via email to the client so that they can publish them in the different agencies or the client can download them from their access to the Smart Suite Calendar section on www.Turbosute.com.

The price at which the rental of the Accommodation will be offered will be determined by the computer software TurboSuite, by means of a market data treatment process and calculated on the basis of a price determination algorithm based on internal and external conditions of the establishment, all in order to optimize the economic performance of the Touristal Rental. The Client authorises Turbosuite to vary the rental price upwards or downwards 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 rental, he/she assumes as adequate the price established by Turbosuite.

The minimum contract period for the Yield & Revenue management service shall be 12 months.

4.3.2. Yield & Revenue Management Service – TURBOSUITE VR-PRO PLAN

Turbosuite will carry out the following functions:

  1. Turbosuite will advise on the agencies (OTAs, GDSs, B2B, VVRR, etc.) or channels it considers most suitable for publishing the establishment.
  2. Turbosuite will offer On the Books  Reservations Analysis services, Pick up, Occupancy Evolution, Price Evolution, Search Results in the local market, Rate Shopper, Booking.com Ranking, Total Set
  3. Turbosuite will check the photos and information of the Accommodation on the websites or portals that are considered appropriate in order to attract potential guests. To this end, the Client commits 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 advertisement of the Accommodation.
  1. Turbosuite will establish the rental conditions of the Accommodation, which fixation is permitted 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 booking periods, restrictions, applicable rates, as well as promotions, offers and any other conditions that may be set on the 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 it is not the responsibility of Turbosuite that the results achieved are those 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.
  2. The Client may indicate to Turbosuite the cancellation policy he/she wishes 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 the terms and conditions associated with each rate, offer or plan determined by the micro segment to which it is directed. Therefore Turbosuite, unless expressly stated otherwise, will determine the different cancellation policies and terms, in particular with regard to restrictions, promotions, discounts or marketing actions, drawn up by Turbosuite once the first onboarding phase has been completed. In the absence of criteria expressly indicated by the Client, the Client considers the criteria followed by Turbosuite with regard to the cancellation policy and other terms to be correct. Turbosuite is not responsible for cancellations made by guests in accordance with the cancellation policy defined by the Accommodation.
  3. Turbosuite will acquire the status of “administrator or co-host” on 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 rates pushing, as well as the modifications of the rate structure, rate plans, offers, restrictions and all the necessary actions to boost sales or to improve the income obtained.
  4. The Client authorises Turbosuite to act in their name and on their 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 organising the calendar at its discretion in the different channels, allowing closures on entry or exit, as well as blocking to improve parity; dealing with the company owning the platform for any management related to reservations and tourist 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 improvement of customer loyalty via digital channels.
  5. The client will receive access to the following sections of the SaaS Turbosuite Multidashboard , Multiprice , Smart Suite Calendar, Reservations Analyzer, Pickup, Total Set, Rate Shopper, Ranking on Booking.com , Rate Plans, Offers and promotions.
  6. Once the initial onboarding process has been completed, Turbosuite will begin to carry out the recommended dynamic pricing service tasks. If there is integration between TurboSuite systems and the PMS or Channel Manager that the client has hired, prices will be sent automatically from TurboSuite by means of a weekly push directly to the PMS or CM. In the event that there is no integration, prices will be sent with an Excel file via email to the client so that they can publish them in the different agencies or the client can download them from their access to the Smart Suite Calendar section on www.Turbosuite.com.

The price at which the rental of the Accommodation will be offered will be determined by the computer software TurboSuite, by means of a market data treatment process and calculated on the basis of a price determination algorithm based on internal and external conditions of the establishment, all in order to optimize the economic performance of the Touristal Rental. The Client authorises Turbosuite to vary the rental price upwards or downwards 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 rental, he/she assumes as adequate the price established by Turbosuite.

The minimum contract period for the Yield & Revenue management service shall be 12 months.

4.3.3. Yield & Revenue Management Service –TURBOSUITE H PLAN

Turbosuite will carry out the following functions:

  1. Turbosuite will advise on the agencies (OTAs, GDSs, B2B, VVRR, etc.) or channels it considers most suitable for publishing the establishment.
  2. Turbosuite will offer On the Books Reservations Analysis, Pick up, Occupancy Evolution, Price Evolution, Local Market Search Results, Rate Shopper, Booking.com Ranking, Total Set, Aspirational Competitive Set (max 10 establishments per Booking, Expedia or Airbnb channel).
  3. Turbosuite will check the photos and information of the Accommodation on the websites or portals that are considered appropriate in order to attract potential guests. To this end, the Client commits 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 advertisement of the Accommodation.
  4. Turbosuite will establish the rental conditions of the Accommodation, which fixation is permitted 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 booking periods, restrictions, applicable rates, as well as promotions, offers and any other conditions that may be set on the 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 it is not the responsibility of Turbosuite that the results achieved are those 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
  5. The Client may indicate to Turbosuite the cancellation policy he/she wishes 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 the terms and conditions associated with each rate, offer or plan determined by the micro segment to which it is directed. Therefore Turbosuite, unless expressly stated otherwise, will determine the different cancellation policies and terms, in particular with regard to restrictions, promotions, discounts or marketing actions, drawn up by Turbosuite once the first onboarding phase has been completed. In the absence of criteria expressly indicated by the Client, the Client considers the criteria followed by Turbosuite with regard to the cancellation policy and other terms to be correct. Turbosuite is not responsible for cancellations made by guests in accordance with the cancellation policy defined by the Accommodation.
  6. Turbosuite will acquire the status of “administrator or co-host” on 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 rates pushing, as well as the modifications of the rate structure, rate plans, offers, restrictions and all the necessary actions to boost sales or to improve the income obtained.
  7. The Client authorises Turbosuite to act in their name and on their 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 organising the calendar at its discretion in the different channels, allowing closures on entry or exit, as well as blocking to improve parity; dealing with the company owning the platform for any management related to reservations and tourist 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 improvement of customer loyalty via digital channels.
  8. The client will receive access to the following sections of the SaaS Turbosuite Multidashboard , Multiprice , Smart Suite Calendar, Reservations Analyzer, Pickup, Total Set, Rate Shopper, Ranking on Booking.com, Aspirational Competitive Set (máximum 10 Units) Rate Plans, Offers and promotions
  1. Once the initial onboarding process has been completed, Turbosuite will begin to carry out the recommended dynamic pricing service tasks. If there is integration between TurboSuite systems and the PMS or Channel Manager that the client has hired, prices will be sent automatically from TurboSuite by means of a weekly push directly to the PMS or CM. In the event that there is no integration, prices will be sent with an Excel file via email to the client so that they can publish them in the different agencies or the client can download them from their access to the Smart Suite Calendar section on www.Turbosuite.com.

The price at which the rental of the Accommodation will be offered will be determined by the computer software TurboSuite, by means of a market data treatment process and calculated on the basis of a price determination algorithm based on internal and external conditions of the establishment, all in order to optimize the economic performance of the Touristal Rental. The Client authorises Turbosuite to vary the rental price upwards or downwards 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 rental, he/she assumes as adequate the price established by Turbosuite.

The minimum contract period for the Yield & Revenue management service shall be 12 months.

4.3.5. Yield & Revenue Management Service–TURBOSUITE H- PRO PLAN

Turbosuite will carry out the following functions:

  1. Turbosuite will advise on the agencies (OTAs, GDSs, B2B, VVRR, etc.) or channels it considers most suitable for publishing the establishment.
  2. Turbosuite will offer On the Books Reservations Analysis, Pick up, Occupancy Evolution, Price Evolution, Local Market Search Results, Rate Shopper, Booking.com Ranking, Total Set, Aspirational Competitive Set (max 10 establishments per Booking, Expedia or Airbnb channel), Forecast, City ADR.
  3. Turbosuite will check the photos and information of the Accommodation on the websites or portals that are considered appropriate in order to attract potential guests. To this end, the Client commits 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 advertisement of the Accommodation.
  4. Turbosuite will establish the rental conditions of the Accommodation, which fixation is permitted 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 booking periods, restrictions, applicable rates, as well as promotions, offers and any other conditions that may be set on the 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 it is not the responsibility of Turbosuite that the results achieved are those 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.
  5. The Client may indicate to Turbosuite the cancellation policy he/she wishes 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 the terms and conditions associated with each rate, offer or plan determined by the micro segment to which it is directed. Therefore Turbosuite, unless expressly stated otherwise, will determine the different cancellation policies and terms, in particular with regard to restrictions, promotions, discounts or marketing actions, drawn up by Turbosuite once the first onboarding phase has been completed. In the absence of criteria expressly indicated by the Client, the Client considers the criteria followed by Turbosuite with regard to the cancellation policy and other terms to be correct. Turbosuite is not responsible for cancellations made by guests in accordance with the cancellation policy defined by the Accommodation.
  6. Turbosuite will acquire the status of “administrator or co-host” on 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 rates pushing, as well as the modifications of the rate structure, rate plans, offers, restrictions and all the necessary actions to boost sales or to improve the income obtained.
  7. The Client authorises Turbosuite to act in their name and on their 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 organising the calendar at its discretion in the different channels, allowing closures on entry or exit, as well as blocking to improve parity; dealing with the company owning the platform for any management related to reservations and tourist 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 improvement of customer loyalty via digital channels.
  8. The client will receive access to the following sections of the SaaS Turbosuite Multidashboard , Multiprice , Smart Suite Calendar, Reservations Analyzer, Pickup, Total Set, Rate Shopper, Ranking on Booking.com , Aspirational Competitive Set (10 units Max) ,Smart Forecast , City ADR, Rate Plans, Offers and Promotions
  1. Once the initial onboarding process has been completed, Turbosuite will begin to carry out the recommended dynamic pricing service tasks. If there is integration between TurboSuite systems and the PMS or Channel Manager that the client has hired, prices will be sent automatically from TurboSuite by means of a weekly push directly to the PMS or CM. In the event that there is no integration, prices will be sent with an Excel file via email to the client so that they can publish them in the different agencies or the client can download them from their access to the Smart Suite Calendar section on www.Turbosuite.com.

The price at which the rental of the Accommodation will be offered will be determined by the computer software TurboSuite, by means of a market data treatment process and calculated on the basis of a price determination algorithm based on internal and external conditions of the establishment, all in order to optimize the economic performance of the Touristal Rental. The Client authorises Turbosuite to vary the rental price upwards or downwards 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 rental, he/she assumes as adequate the price established by Turbosuite.

The minimum contract period for the Yield & Revenue management service shall be 12 months.

4.3.5. PERSONALIZED HOTEL CONSULTING SERVICE

The Consulting Service will entail the provision of the following Services with the specialties indicated below, where applicable:

Turbosuite will carry out a series of studies and analysis based on the data provided by the client about  the establishment:

  1. Consultancy on hotel distribution mix, rate plan, cancellation terms and conditions, promotion programme and offers in the different distribution channels.
  2. On the Books Reservations Analysis, last year to day, pick up, forecasting, backcasting.
  3. Analysis of the different local demand generators of the destination where the accommodation is located..
  4. 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 contracting period for the Hotel Reservation Management Audit Service will be 12 months.

4.4- Provision of Services by third parties

Turbosuite may outsource the provision of any of the Services to third parties of its choice..

4.5- Lack of Involvement with the 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 entered into between the Client and the property rental web platforms on which the Accommodation is advertised, but will only be their administrator or co-host, nor is it responsible for any rules or decisions that the property rental web platforms may adopt from time to time. Turbosuite disclaims all liability in this regard, to the fullest extent permitted by law..

5.- PRICE OF SERVICES AND PAYMENT

5.1- Price

The Price of the Services will be that expressed in the Services Order with the specifications contained, where applicable, in the description of the specific Service in clause 4 and will always be expressed in euros.

The price of the Yield & Revenue management services (4.3.1, 4.3.2, 4.3.3 and 4.3.4) shall be a percentage of the revenue earned from the rental of the Accommodation. The basis for calculating this percentage shall be the total of the revenue earned from the rental of the Accommodation from 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 which cost will vary depending on the number of accommodation units ,according to the following price scheme:

Between 10 and 25 units, the initial connection set up will be €39 per apartment or hotel room.

Between 26 and 50 units, the initial connection set up will be €29 per apartment or hotel room.

Between 51 and 100 units, the initial connection set up will be €24 per apartment or hotel room.

More than 101 units, the initial connection set up will be €14 per apartment or hotel room.

Minimum spend: To support the minimum expenses, a minimum service fee of €150 / month is established, although in the particular conditions of Services Order a certain percentage can be discounted.

CONSULTING SERVICE (includes all the services described in the clause 4.3.5 of these general conditions and its price shall be as detailed below).

The price of the hotel reservation management consultancy services described in section 4.3.5 will be €3,000 (Three thousand euros) per hotel establishment or €500 per unit in a vacation rental. Although in the the particular conditions of the Services Order a certain percentage can be discounted.

This service may also be contracted at a price per hour of service provided, the price per hour being €40/hour.

PAYMENT

The rate of each Service, as well as the expenses incurred, will be paid exclusively by any of the following means:

  1. a) On the credit card detailed in the Services Order.
    b) SEPA direct debit order. To the account specified in the Services Order.

Non-payments will be settled by means of the appropriate bank transfer to the Company’s account.

Or any other method notified by Turbosuite when issuing the corresponding invoice.

The bank transfer must indicate the invoice number to which the payment corresponds. The Company accepts no responsibility for any damage or disruption that may be caused by the lack of identification of those transfers that do not include this information for their correct allocation.

5.2- PAYMENT MOMENTS

Turbosuite will issue an invoice every month for the previous due month, which will be published on the platform www.Turbosuite.com in the section contracted services – invoices, so that the client can access this information and download the pdf with the corresponding settlement and invoice and check the accuracy of the number and amount of bookings received in the corresponding month and will have 5 days to show Turbosuite any disagreement.

5 days after the invoice has been issued, in case the customer has not expressed disagreement with the settlement Turbosuite may issue the payment using the chosen means of payment.

Turbosuite will then charge the credit card provided by the CUSTOMER in the Services Order or issue the appropriate bank receipt. If the CUSTOMER returns a direct debit bill corresponding to a legitimate invoice and amount, the CUSTOMER must 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 price, as well as, where appropriate, VAT, IGIC and other taxes and fees that may be applicable, are on the Client, who must pay them together with the price and by the same mean chosen to make effective the payment of the latter.

6.- CLIENTS OBLIGATIONS

In addition to other guarantees established in these General Conditions, the client guarantees compliance of the following clauses:

(i)

The Client declares that he/she is the owner of the Accommodation or that he/she has the right to use and enjoy the Accommodation, which allows him/her to exploit it. He/she also declares that he/she has all the administrative permissions. The Company declines any liability that may be demanded of it for any usurpation by the Client of the rights of any third party, assuming that the possession and availability of the Accommodation makes it the apparent owner.
(ii) The Client agrees to obtain and provide the data requested to facilitate the provision of the Services by the Company.
(iii) The Client accepts and agrees that Turbosuite is a service provider and 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 make from time to time, nor does it have any control over the behaviour of the Guests. Turbosuite disclaims all liability in this regard, to the fullest extent permitted by law.
(iv) The Client acknowledges and accepts that Turbosuite has no control over the Guests willingness to pay, nor, therefore, responsibility for the 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 fee, tax or penalty, it will be the Client who must assume them.
(vi) The Client commits 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 conditions of the Accommodation are not solved by the Client, Turbosuite may decide to cease to provide the Service for which it was contracted..
(vii) The Customer declares and agrees to keep Turbosuite informed of any change in their contact details and in particular their email address. In such a way that, unless a change of email address is communicated, all notifications made by the Company in accordance with these General Terms and Conditions shall be deemed to have been validly sent to the email address provided by the Client. Likewise, any instructions received by Turbosuite from the aforementioned e-mail 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 try to hire, directly or indirectly, the services of any supplier or employee of the Company, including the people 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 commits not to entrust the same or similar Services to a third party or to carry them out himself for the duration of this contract.
(xi) RESPECT BOOKINGS AND THEIR CONDITIONS The Client must ensure that guests with bookings 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 RENEWAL OF THE CONTRACT

Services 4.3.1, 4.3.2, 4.3.3, 4.3.4 and 4.3.5 contracted through a Services Order may be cancelled after the minimum contract period has elapsed, provided that 2 months’ notice is given before the agreed expiry date.

In the event that the Client fails to comply in any way with the minimum period 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 at all the minimum monthly indemnity value shall be € 2000 per month. Periods of less than one month shall give rise to proportional compensation.

In addition to the provisions of the preceding paragraphs, in the event of unilateral cancellation by the client at any time during the life of this contract, Turbosuite will provide the services for bookings that have been confirmed through the web platforms at the date of communication of the cancellation, with the corresponding accrual of fees.

In the event that any of these services have been contracted for a certain period of time, once the term established in the Services Order has elapsed, this will be tacitly renewed for an identical period, with the same minimum term, unless the Client indicates their wish 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

Turbosuite is not responsible for the possible repercussions that the cancellation of the lease by the Guests may have..

8.- ADMINISTRATIVE PERMITS

The Tourist Manager declares that they have  processed and obtained all permits, authorisations, licences or any other administrative requirements necessary for the rental of their Accommodation.

The Tourist Manager shall indemnify Turbosuite against any infringement or administrative sanction that may be imposed on Turbosuite or the Lessor in connection with the rental activity.

9.- PROCESSING OF PERSONAL DATA

Turbosuite informs the Client that the personal data provided to the Company in the Services Order or generated in the framework of execution of the contractual relationship between the client and Turbosuite or the client 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 Services Order.

The Client, under the terms provided for in the applicable regulations, has the right to know, rectify or cancel any of the personal data included in the Turbosuite file, by contacting Turbosuite by written means, and the client commits to inform Turbosuite of any rectifications or cancellations that may be necessary with respect to the data provided.

10.- PROFESSIONAL SECRET. SECRET OBLIGATION AND CONFIDENTIALITY

The parties acknowledge that all information to which they may have access within the framework of the contract, whether related to the software or to the activity or organisation of any of the parties, is of a confidential nature. Accordingly, 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, they must or may have access to the same, of said duty of confidentiality.

Both parties committ that the exchange of information will only be aimed at achieving the objectives of the contract and therefore will 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 providing the service plus its corresponding extended extensions with a term of 5 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 client 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 compensation for loss of profit or damage to the client 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 profit.

11.- COMMUNICATIONS

All communication between the tourist client-manager and the Turbosuite Company regarding a specific Services Order may be done by email.For the purposes of other types of communications, Turbosuite designates the following address:
– Domicilio: c/Diseño 8, edificio diseño oficina 5, Pol. Pisa -Mairena del Aljarafe. 41927- (Sevilla-España)
– E-mail: hola@turbosuite.es
The client’s address for the purposes of communications shall be the address designated in each case in the corresponding Services Order in accordance with Clause 3 above.

Any communication relating to a specific Services Order delivered to the addresses indicated above shall be deemed to have been correctly made, unless the addressee has previously notified the sender of a change of address at least ten calendar days in advance.

12.- LEGISLACIÓN APLICABLE

These General Conditions shall be governed by the laws of Spain, interpreted in the courts and tribunals of the city of Seville – Spain, and the customer waives his own jurisdiction if he has one.

Seville on April 16th, 2022.