Terms of Service
1. General information
1.1 Scope of application
These General Terms and Conditions of Business shall apply in the version valid at the time of conclusion of the contract for all business relations between us (BackToFuerteventura, Calle Coronel Gonzales del Hierro sn, 35650 Lajares - Fuerteventura, represented by its managing director: PJD Deschutter) and you. Should you use conflicting general terms and conditions of business, these are hereby expressly objected to.
1.2 Contractual agreement
The language of the contract is English. The use of other languages is intended only for accessibility and assistance.
"Users" are both guests and hosts who use our platform.
"Hosts" are accommodation providers who advertise on our platform.
"Guests" are interested parties who want to contact the hosts via our platform and sign contracts.
1.3 Guest registration
In order to use the complete content of our website as a guest, it is first necessary to create an account. In this case, the data required for the provision of services by us are requested. The entries are confirmed by clicking on the button "Sign up with email". You will receive a confirmation e-mail with the necessary information for a login. The registration is complete only after you have logged in for the first time with this information on our website.
The password, which allows you access to the personal area, is strictly confidential and must not be passed on to third parties. You must take reasonable and appropriate measures to prevent third parties from accessing your password. An account cannot be transferred to other users/customers or other third parties. With the registration you sign a free license agreement with us.
1.4 Booking an accommodation as a guest
1.4.1 Instant booking
The booking process as a guest consists of two steps and results in immediate booking via this website. In the first step, you select the accommodation, date of travel, number of guests and, if applicable, the host's extra services. In the second step select your country, your payment method, enter your bank card details and fill in your name and postal code before you confirm your order by clicking on the button "Book now". With your order, you bindingly declare your contractual offer. We will immediately confirm the receipt on behalf of the host as their representative. The acknowledgement of receipt constitutes the binding acceptance of the contract. The contract between the guest and the host is concluded upon acceptance. We will immediately send your data to the host.
1.4.2 Booking requests
In addition, if you have chosen this option, you can also send our hosts booking requests for the respective accommodation with the date of travel and, number of guests and if applicable, extra services. The conclusion of the contract then takes place individually by offer and acceptance.
The host can respond to your booking request as follows:
1. He can reject your booking request. Then no contract has been completed.
2. He can confirm your booking in advance. This confirmation then represents the host's offer.
3. He may submit a new counter-offer to you.
4. He can ask you first more info about your trip and guests, etc.
Hosts or guests can never interchange phone number or email address with the goal to seal a deal outside the platform. They have to communicate in our internal messaging system.
The host has 24 hours to respond to your request. Otherwise, your request will expire and you will have to send it again.
If the host has decided to confirm your booking in advance (Nr. 2) or to make a counter-offer (Nr. 3), you have again 24 hours in which to accept this offer bindingly by submitting your personal information, including billing information, selecting a payment method, and pressing the button "Book now" via our platform.
The contract between you and the host comes into effect upon acceptance. We do not store the the contract text separately, as the contract content is determined individually from the agreement reached.
1.5 Conclusion of contract with the host
1.5.1 Registration (user contract)
Our commission model is of 3% for hosts who advertise on our platform. By registering, you enter into a license agreement with us.
The following options are available to you:
Registration on the website: you can register via our website by entering your data (first name, surname, e-mail address, password and date of birth), confirming our Terms of Service and Privacy Policy and clicking the "Sign up" button.
Registration via your Facebook account:
Alternatively, you can also register via your existing Facebook account. To do so, click on the "Sign up with Facebook" button and doing so you are confirming our Terms of Service and Privacy Policy. This will take you to www.facebook.com (operated by Facebook Inc. 1 Hacker Way, Menlo Park, CA 94304, USA). Enter your Facebook account data and click on "Login". Usage of Facebook services is governed by Facebook's Privacy Policy and Terms of Use.
Registration via your Google Account:
Alternatively, you can also register via your existing Google account. To do so, click on the "Sign up with Facebook" button and doing so you are confirming our Terms of Service and Privacy Policy. This will be forwarded to www.accounts.google.com (operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). Enter your Google Account data and click on "Login". Google's Privacy Policy and Terms of Use apply to the usage of Google's services.
1.5.2 Setting the offer
After successful registration you can complete your profile and update your accommodation’s page. The submission of your data for listing onBackToFuerteventura represents your binding offer for our commission model, which we accept by activating your account and entering it into our database. The contract (commission model of 3%) is concluded upon acceptance. To submit your data for the listing, you must have previously confirmed the link for registration.
1.5.3 Text of the contract
The text of the contract will be saved by us and sent to you in text form (e.g. e-mail, fax or postal), along with the present terms and conditions and and customer information. However, the contract text will no longer be accessed by you via the website after your order has been sent. You can use the print function of your browser to print out the relevant website with the contract text.
1.6 Subsequent changes to the terms and conditions of business
We are entitled to subsequently adapt and amend the General Terms and Conditions of Business vis-à-vis existing business relations, insofar as changes inlegislation or jurisdiction require this or other circumstances lead to thecontractual equivalence relationship being significantly disturbed. A subsequent amendment to the terms and conditions of business shall become effective if you do not object within six weeks after notification of the amendment. As the time limit approaches, we will expressly notify you that your silence is equivalent to acceptance of the contract amendment and during the deadline we will grant you the opportunity to make an explicit declaration. If you object within the time limit, both we and you can terminate the contractual relationship with extraordinary notice, as long we do not allow the contractual relationship to continue under the previous General Terms and Conditions.
2. Specifications
2.1 General
Our platform allows accommodation providers to advertise accommodations, contact guests and conclude contracts. Guests can search and book specific accommodations on the website. We only provide our platform and do not become a contractual partner in the contracts for accommodations concluded via our website.
2.2 Service provision
We are entitled to have the contract or parts of it fulfilled by third parties.
2.3 Delays in performance
We are not responsible for delays in performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even by extreme care (including strikes, official or court orders and cases of incorrect or improper self-delivery in spite of a corresponding covering transaction). They entitle us to postpone the performance for the duration of the obstructive event.
2.4 Withdrawal
In the event of non-availability of an accommodation for the aforementioned reasons, we may withdraw from the contract. We undertake to inform you immediately about the unavailability and to reimburse any payments already made without delay.
3. Payment
3.1 Prices
All prices quoted are inclusive of value added tax (IGIC).
We accept the guests' payments for a booking on behalf of the host minus our commission of 3% for the booking. The commission charged to the guests is 8%.
3.2 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and are based on the same legal relationship as your obligation.
3.3 Payment of the host
The payment of the host will be executed the day after the guest’s arrival. If that day is a satuday, sunday or bank holiday, the transfer will be made on the first normal day. We will need to receive the host’s IBAN number and a scan or image of his ID-card and the host’s telephone number has to be verified as well in his account to be able to transfer money to his account. The transfered amount will be reduced with our 3% commission.
3.4 Security deposit
Hosts are allowed to ask a security deposit to the guest to be payed cash at their arrival or to be be transfered to their bank account. This amount will be refunded after the check-out if no damage has been detected to the accommodation.
3.5 Secure Payments
The transactions are secured by
BacktoFuerteventura cannot be held liable for any payments made directly between hosts and guests. The Website only guarantees the security of electronic payments through its payment partner MangoPay.
Mangopay, a regulated payment service provider, is our payments partner and handles payments on our behalf.
When you created your account on our platform, you accepted Mangopay's Terms and Conditions for Payment Services Users (T&Cs), which constitute an agreement between you and Mangopay that governs your use of its payment solution via our platform.
Mangopay has updated its T&Cs. You can view the updated version on Mangopay’s website. The changes improve clarity and accessibility and provide a more detailed description of Mangopay’s services. For more information, see Mangopay’s overview of the main changes.
The updated T&Cs will be effective two months from the date of this notification. By continuing to use our platform after this period, you are acknowledging and agreeing to the updated T&Cs. Until then, Mangopay's current T&Cs apply.
If you do not agree to the updated T&Cs, you can terminate the T&Cs within two months (before the modification takes effect). In such case, your account will be permanently closed, and you will no longer be able to use our platform.
4. Your responsibility
4.1 General Information
You are solely responsible for the content and accuracy of the data and information you transmit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws (e.g. personal rights, name rights, trademark rights, copyrights, etc.).
4.2 Data backup
You are jointly responsible for the security of the information sent. We cannot be held responsible for the loss of any information you send us, as we do not provide a general data protection guarantee.
4.3 Abusive contributions
We will deactivate or delete abusive offers or contributions without prior notice. Such content structures are given in the following cases, for example:
• Wrong and/or incorrect information,
• Contributions are misused as inadmissible advertising space,
• Sending and storing information that is obscene, threatening, offensive or in any other way infringing on the rights of third parties.
4.4 Profile data and contents
You are obliged to keep the content and profile information you have entered up to date and to inform us immediately of any misuse of your profile.
As a host, you must also comply with your imprint obligation, include the value-added tax (IGIC) in your price quotations and, if necessary, comply with the vacation rental licensing on the Canary islands ('Vivienda Vacacional') and requirements. On our platform we also only accept quality properties. And we only accept high-resolution images of your accommodation.
4.5 Exemption
You shall indemnify us from all claims asserted against us by third parties due to such violations. This also includes the reimbursement of costs of necessary legal representation.
5. Rating system
5.1 General information
As a guest, we give you the opportunity to evaluate the offers and services of our hosts. You are obliged to provide the information to the best of your knowledge and belief. We are entitled, but not obliged, to publish these evaluations on our website and make them visible to all users. Evaluations can be deleted by us at any time, as long as there are objectively comprehensible or legally compelling reasons for doing so.
5.2 Abusive or unlawful evaluations
Abusive or illegal evaluations will be deactivated or deleted by us without prior notice. This may be the case if evaluations are false, offensive or infringing other rights, or the ratings are misused as advertising space.
6. Use of content
By posting content in our database, you grant us the right to use this content indefinitely for the purpose of posting and making it available in the database and for the types of use required for retrieval by third parties, to the extent that this is reasonably acceptable under the contract, and in particular to save, reproduce, make available, transmit, link and publish the content. This can also be done by or in the form of advertising material from us or by advertising material from third parties. Furthermore, we reserve the right to revise the contents to a reasonable extent, especially if they do not comply with the above-mentioned requirements of these General Terms and Conditions.
7. Duration, blocking and termination
7.1 Termination of the user account
The free-of-charge usage relationship is established for an indefinite period of time. It begins with the activation of the account and can be terminated at any time by deleting the profile via the usual account deletion routine or by cancellation request in written form to us.
7.2 Contract model with the host
Our contract model for hosts is also established for an indefinite period of time and can be terminated in written form, without giving reasons. The profile assigned to the host is also deleted with the cancellation if there are no longer any existing contractual relationships.
7.3 Termination without notice
The right to terminate the contract without notice for good cause remains unaffected.
An important reason exists in particular if:
• the user provides incorrect information within the framework of the rating system
• the user has provided incorrect or incomplete information during registration
• the user repeatedly violates other contractual obligations and fails to comply with its respective duty even if requested by us.
8. Usability of services
8.1 Further development of the service/availability
We are striving to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the contractual partner, taking into account his interests. We are entitled to interrupt the operation of the platform partially or completely within reasonable limits for purposes of updating and maintenance. We do not guarantee the availability of the offered services at any time. We also do not guarantee that the offered services or parts of them will be available and can be used from any place.
8.2 Technical requirements
The use of the website requires compatible devices. It is your responsibility to maintain or restore the device in a state that allows you to use the website services.
9. Liability
9.1 Exclusion of liability
We and our legal representatives shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (hence such obligations, compliance with which is of particular importance for the achievement of the purpose of the contract) are affected, liability shall also be assumed for slight negligence. The liability is limited to the foreseeable, contract-typical damage. We shall only be liable in the event of grossly negligent breach of non-essential contractual obligations in the amount of foreseeable, contract-typical damage.
9.2 Retention of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Spanish Product Liability Act shall also remain unaffected by this exclusion of liability.
9.3 Data backup
We perform effective data backups as part of the service provision, but we do not provide a general data backup guarantee for the data you transmit. You are responsible for regularly backing up your data to ensure that it is not lost. We shall exercise reasonable care in rendering the agreed service and shall perform the data backup with the necessary expertise. However, we do not warrant that the content or data you access will not be accidentally damaged or falsified, lost or partially removed.
9.4 Host details
We do not guarantee that the offered accommodations correspond to the descriptions. In case of complaints, the guest has to contact the respective host and inform us.
9.5 Liability for contents
You are solely responsible for the content of your contributions/offers or of your profile. These may not violate any applicable laws or these General Terms and Conditions. In particular, contributions/offers or profiles with criminal content may not be published or untrue facts may be alleged. As the operator of this website, we are not liable for incorrect information provided by users in their contributions/offers or profiles. Furthermore, we as operators are not responsible for third party information as long as we have not become aware of any unlawfulness. In particular, we are not liable for copyright infringements of our users. As soon as we become aware of this or are informed by users, we are obliged to immediately block the corresponding content or information, or block access to the site.
10. Cancelation and cancelation due to an emergency or extenuating circumstance
BackToFuerteventura allows hosts to choose among three standardized cancellation policies (Flexible, Moderate, and Strict) that we will enforce to protect both guest and host alike. ‘Strict’ is the default policy. Each listing and reservation on our site will clearly state the cancellation policy. Guests may cancel and review any penalties by viewing their travel plans and then clicking 'Cancel' on the appropriate reservation.
Here you can see the 3 policies in detail: www.backtofuerteventura.com/home/cancellation_policies
Because of an unexpected circumstance we may be able to give you a refund or waive the cancellation penalties in case you have to cancel. It’s important to keep in mind that penalty free cancellations are only available for special circumstances that happen before the official check-in date. Also keep I mind that we will only refund the rental and cleaning cost, not the service fee.
10.1 Circumstances
Death of a host, guest, or their co-host, additional guest, immediate family member, or caregiver. You’ll be asked to provide one of these documents: Deathcertificate / Obituary / News article naming the deceased / Police report.
An unexpected serious illness or an injury affecting the host or one of the guests. You will need to provide a report from a doctor confirming that the person can't host or travel due to an unexpected, serious illness or injury. The report must be dated after the reservation was booked and presented within 24 hours of cancellation. Pre-existing conditions known to the user at the time of booking are not covered.
Government-mandated obligations including jury duty, travel restrictions, court appearances, and military deployment. You'll be asked to present a copy of the official notice dated after the reservation was booked, including the name of the person meeting the obligation.
Unexpected property damage, maintenance, and amenity issues to the property that makes it unsafe to host guests, or that avoid guests from accessing basic amenities like running water. Planned renovations not included.
Transportation problems that make it impossible to travel to your destination, including road closures and flight cancellations: Closures and cancellations caused by natural disasters, like earthquakes, severe storms or epidemics. You’ll be asked to present a notice of the road closure, or documentation from the airline company. Ferry cancellations where no alternatives were available on the same day: present us documentation that shows the carrier was not operative that day.
10.2 Circumstances that require special review
There’s no required documentation for these circumstances, we will review each case to confirm that you’re directly affected.
Natural disasters, terrorist activity, and civil/political unrest that prevent the guest from travelling to or from the destination, or that make it unsafe to host guests.
Epidemic disease or illness that suddenly affects a region or an entire group of people. Any updates to our policy regarding the outbreak of a disease, and the scope of policy application, will be determined based on announcements by the World Health Organization and local authorities.
Travel restrictions enforced by a government that restrict travel to or from the listing location.
Safety and security threat advisories issued for the listing location or the guest’s departure location.
Essential utility disruptions that affect the listing location.
Changes to visa or passport requirements that make it impossible to travel to the destination. This doesn’t include lost or expired travel documents.
10.3 What to do?
If you are sure your situation meets the requirements above, first cancel your reservation. If your reservation falls under a recognized extenuating circumstance, you’ll be notified that your reservation qualifies for a penalty-free cancellation, and you will get a full refund if you’re a guest. If your reservation doesn't qualify automatically, contact us to present a claim. We’ll walk you through the nextsteps, which will include submitting any required documentation and waiting to be reviewed. Claims must be submitted within 24 hours of cancellation.
11 Guest Refund Policy
A Guest Refund Policy is available to guests who book and pay for an accommodation listed by a host through the BackToFuerteventura platform and suffer a travel issue and the obligations of the host associated with the Guest Refund Policy.
A “Travel Issue” means any one of the following:
(a) the Host of the Accommodation (1) cancels a reservation shortly before the scheduled start of the reservation, or (2) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g., by providing the keys and/or a security code).
(b) the description of the Accommodation in the listing on the Site is materially inaccurate with respect to:
• the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
• whether the reservation for the Accommodation is for a private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the reservation,
• special amenities or features represented in the listing description are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or
• the physical location of the Accommodation (proximity).
(c) at the start of the Guest’s reservation, the Accommodation: (1) is not generally clean and sanitary (2) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in BackToFuerteventura’s judgment, (3) does not contain clean bedding and bathroom towels available for the Guest’s use, or (4) has insects or contains pets not mentioned on the listing.
Read more details about the guest refund policy:
https://www.backtofuerteventura.com/about/guest_refund
12 Final provisions
12.1 Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our place of business if you are a merchant, a legal entity under public law, or a special fund under public law, or if you do not have a place of jurisdiction in Spain.
12.2 Choice of law
Unless mandatory legal provisions according to your right of residence contradict, Spanish law shall be deemed to have been agreed upon to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.3 Consumer dispute settlement procedures
The European Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS platform). You can reach the OS platform at http://ec.europa.eu/consumers/odr/. We are not prepared or obliged to participate in a dispute settlement procedure before a consumer conciliation body.
12.4 Safeguarding clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.