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Terms & Condition


1. Purpose and modifications of Terms and Conditions

The General Conditions are intended to regulate the terms of use http://www.bydays.com/ Web Site (hereinafter, the web, portal, us), owned BYDAYS with CIF B57770828, Paseo Clara Campo-Amor , 41500, Alcala de Guadaida, Sevilla, (España).

By using or registering to the website, you imply your accordance to its T&Cs;.

Bydays reserves the right to change the T&Cs; at any time in the future. In such a case, the changes will be in effect as soon as they have been communicated to users through the website or through an email. The user may accept the changes made to the T&Cs; and continue their relationship with “us” or choose to cancel their membership.

2. Starting your relationship with Bydays: Registration and user accounts

2.1 Anyone of legal age in full control of their mental faculties or, in other cases, a person permitted to represent the registered user and manage the user's account (including legal entities), may use the Bydays website.
2.2 The registered user is accountable for all activities carried out within their Bydays account and therefore solely responsible for protecting their password.
2.3 The user account will be created once the user has successfully completed, without exception, the following steps:
Providing the required data such as: name, surname, email address and password.Acceptance of the Terms & Conditions. Acceptance of the Privacy Policy.
2.4 The user agrees to provide true, up-to-date and complete information to the record.
2.5 The user agrees to update the information provided so it remains true and up-to-date.
2.6 The user agrees to keep their password confidential.
2.7 The user agrees to immediately notify Bydays if they suspect unauthorised use of their user account.
2.8 Registration to the Bydays website is currently free for the user.

3. Service Description by Bydays

Website features, contracts between users, and payment methods.

3.1 Bydays offer registered users an online platform by which they can enable other users to utilize (but by no means own) and act as guests in their entire property provided that both users have agreed to a price and the payment of the agreed price has been completed. Likewise, a user can search the website for suitable accommodation and request a booking via this online platform. Bydays makes data found on its website available for guests and hosts to then voluntarily come to an agreement and use the accommodation at a price agreed between them beforehand.
3.2 The accommodation provider will be referred to hereinafter as the ‘host’, while the person seeking accommodation will be referred to as the ‘guest’. The term ‘user’ refers to both the host and the guest.
3.3 Bydays offers all users the opportunity to use the online platform both as a host as well as a guest.
3.4 It is specifically emphasized that Bydays does not directly offer accommodation, nor participate in any way with the contracts concluded between users (hosts and guests). Within the framework of contract negotiations between guest and host, Bydays does not submit any declarations of will.
3.5 Bydays takes on the simple and operative management of the service discussed in these T&Cs;.
3.6 Bydays displays all accommodation prices exactly as they have been entered by the host. The prices displayed are decided solely by the host of the property and Bydays has absolutely no influence or say regarding accommodation prices posted on the website.
3.7 Bydays offer users the opportunity to publish their own content in the form of images and text.
3.8 Bydays communicates reservation requests made by guests to hosts via the website, email, SMS and/or similar means.
3.9 Bydays transmits the acceptance of a binding booking request from the host to the guest and thus the guest and host finalise a contract with each other regarding the use of the accommodation. Consequently, Bydays sends an email to the host and the guest again specifying the information provided by the contracting parties including: the type of accommodation; duration of stay; price; and for the first time, in this email there will be an exchange of further personal contact details between the host and guest (contact details previously entered on to the website, hidden from the user ́s public profile but sent to the other party involved in a finalised booking/reservation).
3.10 Bydays offer users the option to configure an extensive personal profile, however this is not compulsory. To begin using the service, the website will only require the data mentioned in 2.4. Bydays will facilitate the exchange of personal (additional) data between guest and host only if a binding reservation between the parties takes place. Bydays is not responsible for the information specified in the user profile, the user accepts sole responsibility.
3.11 Bydays offer users a credit balance that will be credited as a result of specific actions such as: registering suggested friends, writing an initial review etc. These credits have no cash value, but can be used during payment on the website when a booking through Bydays takes place. The specific terms for credit offers will be published separately when such offers are available.
3.12 Bydays offer users a messaging system within the website through which they can communicate with each other. Users are solely responsible for the content of their messages.
3.13 Bydays offer users a rating system through which they can evaluate other users.
3.14 Bydays offer insurance to hosts. Visit the Insurance for hosts section on our website or via this link for detailed information regarding our insurance policies.
3.15 Bydays can't guarantee that the website and the services will always be available in a continuous way. We strive to maintain that these services are always accessible; however, regular maintenance, extensions or technical failures may limit or temporarily halt operations.

4. Service Management (payments, purchase on credit, payment flow)

4.1 With the acceptance of the binding booking request, an effective contract comes into force between the host and guest regarding the host’s obligation to make an accommodation available for the guest’s use for a certain period of time and the guest’s obligation to pay the specified fee to the host for this. The fee to be paid results from the price agreed between the host and guest for the usage of the accommodation (accommodation price), and any other payments agreed such as cleaning fees, which are already visible in the accommodation profile.
4.2 With the binding contract in effect, the guest must immediately make the agreed payment, which will be held by Bydays until 24 hours after checking in to the property.
4.3 Bydays commits to paying the host a sum of the accommodation price minus a maximum fee of 15% of the accommodation price. If the host requests to receive their payment in a currency different from that displayed on the website, such payments will be subject to changes in exchange rates. Bydays can provide the host with special promotions and/or discounts that are subject to conditions imposed solely by Bydays, in this case the user will be notified about the discounts and/or special promotions mentioned above, through the user account and/or mail.
4.4 The parties agree that the price is paid 24 hours after the check-in of the guest at the accommodation, on the condition that there has been no reason to terminate the contract. Any disputes must be reviewed by Bydays.

5. Service Management in Case of Cancelation or Complaints

5.1 In the event of a cancellation, both guest and host have revoked the contract regarding the accommodation unanimously. In principle, the cancellation is only possible for the guest according to the cancellation policy. Depending on the cancellation policy set by the host, the claim for recovery of the accommodation price paid by the guest may be refused, completely valid or in part.
5.2 The guest can also file this objection towards Bydays as the new creditor of the receivable. Bydays is consequently obligated to reimburse the guest for the corresponding cancellation amount pursuant to the cancellation conditions agreed between the guest and host.
5.3 In the event that the guest raises a dispute and so files a complaint against the host, in written format (via email) within the 24 hour period after check-in time, as a result of finding defects or problems with the property, Bydays will review such complaints and attempt to provide a solution for each specific case, to be commonly agreed by the guest and host.
5.4 If the parties (guest and host) come to a common agreement, the accommodation price may subsequently be reduced as a solution to the dispute.
5.5 In the case of a dispute resulting in a discounted accommodation price being later agreed (due to previously unknown damages or defects being found in the property) Bydays will reimburse the agreed amount to the guest.
5.6 If parties (the guest and host) later agree on a cheaper accommodation price, the host is still obliged to pay Bydays the commission amount calculated from the accommodation price originally agreed during the booking.
5.7 In the event that no commonly agreed solution is reached within two weeks after the guest check-out date, Bydays will be forced to settle the debt in full through legal processes. The host and the guest are obliged to cooperate by providing honest and true data.

6. Suspected Fraud Cases

6.1 If given any reason to suspect that guest and host are acting simultaneously in prejudice against Bydays pending the completion of a joint agreement regarding the use of accommodation with no intention to actually use such accommodation, but instead to act fraudulently against Bydays; or if suspected of negotiations under the penal code, all parties of that contract will agree that the claim sold is considered nonexistent and the agreed purchase price (accommodation price minus the commission and fixed price service) will not be paid to the host while the guest and/or host cannot be exempted from the suspected fraud.
6.2 Bydays are obliged to reimburse the money already paid by the guest, minus any fees expended for the processing of suspected fraud, which may in some cases extend to one hundred percent of the amount paid by the guest.

7. Bydays and the Hosts

7.1 Bydays give hosts the ability to advertise their accommodation on the website using a description, images, price(s), availability calendar and a hosting profile, as well as the ability to specify and charge additional fees.
7.2 Bydays offer hosts the opportunity to set up a cancellation policy for their guests. The cancellation conditions chosen by the host will be a binding part of the contract between host and guest. The contract between host and guest may be revoked only in the event that both parties declare their consent to the revocation and an approval has been shared with the Bydays team in written form by email at least one week before the previously agreed check in date and without prejudice to our commission.
7.3 Bydays transmits binding booking requests to hosts from guests. With the acceptance of the booking request from the host a binding contract between guest and host is implemented.

8. Benefits and other obligations of the host

8.1 The host agrees to fulfill the service delivery and its cancellation policy.
8.2 The host agrees to provide true and correct information, including payment information.
8.3 The host should complete the offer posted regarding their accommodation with accurate and up-to-date information, with images that correspond with the reality of their accommodation, allowing the guest to make a decision concerning the status and characteristics of the property.
8.4 The host agrees to specify in the accommodation profile the full price of that offer, in which VAT and any other component of the price are included. The price charged for any other services besides accommodation must be expressly stated in the offer in a separate section, with no possibility of acquiring the payment of any service if it has not previously been explained on our website.
8.5 The host is obliged to offer their guests the possibility to cancel (as part of the Bydays service). The cancellation policy is part of the contract between host and guest.
8.6 The host agrees to indicate in the accommodation profile if any rooms or objects in the property are not included in the right of use or other rules of conduct that are part of the contract. The "House Rules" to be completed by the host are intended to indicate such rules.
8.7 The host agrees to accept or reject requests from guests within 24 hours. Failure to respond within 24 hours will result in the offer automatically being cancelled.
s8.8 The host agrees not to charge the guest any other fee, commission or additional payments apart from the total price indicated in the accommodation profile.
8.9 The host agrees to give an invoice to the guest if requested. The invoice provided must be in line with the local regulations of where the property involved in the booking is located.
8.10 The host agrees to ensure that the identity of the other contracting party is correct. Bydays is not responsible for the accuracy of the identity of users, although will try to ensure data reliability thereof. Due to limitations with online identity checking the possibility exists that the user is not using accurate information, therefore both parties (guest and host) must ensure this themselves.
8.11 The host agrees to facilitate Bydays with all information regarding the guest, thorough and truthful, for the exercise of the courts in case necessary. Bydays reserves the right to involve the host in the process within the possibilities from the Spanish law of civil and criminal prosecution.

9. Property descriptions, ratings, Profile Pictures

9.1 Any materials used by hosts that are protected by intellectual property, in particular texts and photographs as well as graphics and videos (Property descriptions) and the texts used by users to write reviews and profile pictures must not violate the rights of third parties, in particular copyright, trademark law or personal law.
9.2 Users must ensure that they have the necessary rights on texts and photographs as well as graphics and videos or other copyrighted material in accordance with the preceding paragraph and/or trademark rights and/or consent regarding personal rights, users being the only ones responsible in the case that the items used are prohibited.
9.3 With the publication of the description of a place or a review on the online platform of Bydays (introduction, loading and sharing text, photos, videos, graphics and similar), the user grants Bydays indefinitely the royalty-free, exclusive, temporal and spatial right, to use such material (in whole or part) worldwide for the performance of the services offered by Bydays or advertising those services on the Internet or mobile applications (right to make the content publicly accessible), on billboards, in print media of all kinds, or radio and television (right to reproduction, disclosure, broadcast, public reproduction), and the right to edit or transform the materials, and the right to transfer such rights to third parties, provided this is required for the fulfillment of the purpose (compliance the benefits offered by Bydays or publication of that benefit).

10. Bydays and Guests

10.1 Bydays offer guests an online platform (website) to search for potential accommodation.
10.2 Bydays has the option, at its discretion, to issue vouchers for the benefit of the guest in the context of special promotions. Each special promotion will have specific conditions of use that will be made public on the website.
10.3 At Bydays' choice, vouchers contain a discount of a specified amount or a discount on a percentage of a price for a property.
10.4 In the case that a special promotion is taking place, guests will receive a voucher specifying the applicable discount and a voucher code. Guests may only utilize this voucher code to enjoy the discount during a booking.
10.5 Bydays also offers the opportunity to file a complaint in the event of experiencing any problems with the accommodation and/or with the host, in no later than 24 hours after check-in. The protest must be made at in writing through an email. The email must describe specifically the reason for their protest also using photos, videos, or graphic descriptions. After the complaint is evaluated, Bydays will try to provide a solution by common agreement. A solution will be considered by common agreement if the housing parties (host and guest) manifest two unanimous statements where it is clearly visible that both parties agree to the settlement made; unanimous statements must be expressed in writing through an email.

11. Benefits and other Obligations of the Guest

11.1 The guest agrees to comply with the benefit in accordance with the service provision and policy cancellation.
11.2 The guest agrees to provide some contact details as well as accurate, up-to-date payment details, being solely responsible for any consequences that may result from the provision of inaccurate data.
11.3 The guest agrees to recognize the cancellation policy offered by the host as part of the contract between host and guest. Besides the above, the contract between guest and host may only be revoked in the event of both parties declaring their consent and approval of revocation in writing through emails written unanimously and not less than one week in advance of the original booking check in date. Bydays may claim its rightful fee although the reservation has been canceled. Click cancellation policy to find out more.
11.4 The guest agrees to recognize the "House Rules" as part of the contractual terms between host and guest; being held responsible for any breach(es) thereof.
11.5 The guest agrees to ensure that the identity of the other contracting party is correct.
11.6 The guest agrees to pay off the debt immediately or allow the collection of it through Bydays.
11.7 In the case that the guest does not pay the amount owed, Bydays will proceed to judicially demand the settlement of the debt from the guest.

12. System of Evaluation

12.1 After fulfilling the contract, Bydays allow users to evaluate each other through an evaluation system on the website.
12.2 Users agree to only provide true information in their evaluations and to respect the laws regarding them. Evaluations should be objective and not contain any offensive criticism.
12.3 Bydays is not responsible for evaluations, leaving only the person who wrote the evaluation responsible for their rating and comments. In case of a disagreement with the content of an evaluation, the evaluated person can inform Bydays who will consider the case and proceed to remove such assessments if found offensive to the person concerned or another member.
12.4 Bydays reserves the right to remove all or part of evaluations, for example if they have inappropriate content according to the evaluation concept or if considered as prohibited activity or content in accordance with paragraph 8.

13. Contents (Rights, Concession of rights, Prohibited content, Exemption)

13.1 By publishing a profile picture on Bydays's online platform (loading and sharing images, publishing texts and similar), the user grants Bydays the right free, nonexclusive, temporal and spatial use to such material (in whole or part) worldwide on the Internet or mobile applications in compliance with the benefits offered by Bydays (right to publicly make content accessible). The image of the user's profile cannot be used for advertising purposes unless the user has declared conformity through, at the very least, written form.
13.2 Users are legally and solely responsible for the content that is posted from their account, in accordance with agreements made in previous terms.
13.3 Bydays reserve the right to remove all or part of content at its own discretion if such content is considered unauthorized, illegal, or prohibited in accordance with paragraph 9.

14. Other Unauthorized Content and Activities.

14.1 The user must ensure that their content on the online platform (website) complies with the requirements in both existing laws and these General Terms and Conditions. The content and activities listed below violate applicable law. Its publication or activation is not allowed through the website or through Bydays services:
Offensive statements, slander, defamatory statements and images established in the penal code (such as, but not limited to: racism, child or adult pornography, and criminal acts invitations).Any content or representation of sexual themes or content unsuitable for minors, as well as reproduction, dissemination or publication of material protected by intellectual property in the case that the user does not have the rights to use. Publication of photographs in which individuals, who have not expressed their consent, can be recognized. Any activities that affect the anonymity of other users. Using the website for your own commercial purposes exceeding the real purpose of the website, unless Bydays has authorized such commercial use previously in writing. Publishing personal data of third parties. Exclusive use of the website for political or religious activities. Sending, "chain letters" or unsolicited mass mailing, instant messaging, "spim" or "spam”. The alteration, disruption or excessive overuse of Bydays services. Using the account, user name, or password of another member. The use of mechanisms, software or other scripts in combination with the website, which could damage the correct function and regulation of both the platform and the website belonging to it, as well as any modification of the content of Bydays without our prior consent.
14.2 The cases mentioned in the preceding paragraph are only a few examples of the various prohibited behaviors and actions. The prohibited behaviors and actions are not limited to these cases alone. Bydays will consider each case individually before proceeding with removal.

15. Exoneration

15.1 Users cannot hold Bydays responsible for the content or actions of other users or third parties using the website. In the case that a user violates their rights through use of what the website offers or content posted by them or any third party, including the evaluations provided by them, Bydays will not be held liable.
15.2 In such a case, the user accused of violating their rights to use the website is responsible for the expenses for legal defense (legal fees and court costs) of Bydays.

16. Deleting Content, Restrictions, and Account Lockouts

16.1 In the event that a user violates laws, third party rights or the Terms and Conditions, Bydays reserves the right to:
Reprimand the user. Remove the offers or other content of that user.Limit the user’s use of the online platform (the website).Exclude the user from the use of the platform temporarily or permanently (by locking the user’s account).Take legal action as deemed appropriate.
16.2 Apart from when there is an existing legal requirement, Bydays are entitled to decide which measure is most appropriate to adopt.
16.3 In the case that access to a user has been blocked, that user shall not be entitled to register with another user account or to use the services through another user’s account.
16.4 In the case that a user account is restricted or blocked, contracts already concluded between users and hosts will not be affected.

17. Limitation of Liability and Guarantee of Bydays

17.1 Bydays is liable without restriction for damage caused in a willful or grossly negligent manner by Bydays, its employees and vicarious agents and in the malicious concealment of deficits, with the explicit assumption of warranty and for damage arising from injury to life, body and health.
17.2 Bydays will only be held liable for damages in the event that an obligation we are directly responsible for has been violated. In such a case, the violated obligation must be one that is required to allow proper execution of the contract. The obligation to pay for damages is limited to those damages which are considered predictable and typical of the contract and are directly caused by Bydays. Any further responsibility under the law of product liability remains unaltered. Any Bydays liability exceeding the above is excluded.
17.3 Because Bydays is not involved in the contractual relationship between guest and host, the company will not assume any guarantee or liability for the services under the contract for the property.

18. Duration, Termination

18.1 The contract becomes effective soon after registration in accordance with paragraph 2 for an indefinite period.
18.2 Both users and Bydays may terminate the contract of use at any time.
18.3 The contractual relationship will end after the obliged provision of service indicated in already existing or pending Bydays contracts is fulfilled.
18.4 Despite terms 18.1, 18.2 and 18.3, Bydays´s right to lock or terminate a user account remains unchanged by fair means.

19. Modification of Terms of Use

19.1 Bydays reserve the right to change these General Terms and Conditions at any time in the future, especially in the following cases:
If after the contract is issued market conditions or the calculation of the costs we incur change, the company reserves the right to change the General Terms and Conditions of contract regarding the fees in a manner reasonable for users, therefore, this may include moderate increases. Such modifications cannot be retroactive. In the event that Bydays wants to improve, extend or modify the offer and services for the benefit of members, Bydays reserves the right to change the Terms and Conditions.
19.2 Changes to the Terms and Conditions shall be released on the website. Additionally, each user will receive an email informing them of the changes to the General Conditions.
19.3 Such amendments will take effect seven days after they are announced on the Bydays.com website. This constitutes a binding contract between users and Bydays. If you do not accept these terms we cannot offer you our services.
19.4 The use of our service after any modification constitutes a binding acceptance of the changes. If you disagree with the changes you must stop using our services.

20. Final Dispositions

20.1 Law applies to Spain excluding the provisions of the United Nations Convention on Contracts for International Sale of Goods.
20.2 Regardless of whether the user is a private individual, private legal entity or public legal entity, the only competent jurisdiction to disputes arising from this contract is Bydays headquarters in Sevilla. The same applies to the user who does not have general jurisdiction or residence in Spain or if the user’s habitual residence is unknown at the time of filing the suit.
20.3 In the event that certain provisions of the contract with the user are totally or partially invalid, the validity of the remaining provisions will remain unchanged.

© Copyright 2012. BYDAYS - All rights reserved.

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