Please read these conditions carefully as they contain important information about your legal rights, resources and obligations. By accessing or using the website www.evasionrural.com, you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding contract (“Contract”) between you and www.evasionrural.com (“EVR”), as defined below that governs your access and use of the EVR website, including any subdomains thereof. , as well as any other website through which EVR makes its services available (collectively, the “Website”)
Collaborators are solely responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to their Collaborator Experiences and Services (as defined below).
Scope of EVR Services
1.1 EVR is an online website that allows any User who uses the EVR website and the Collaborators that offer services to agree to the reservation of Activates and Experiences published in EVR
1.2 As the provider of the EVR website, EVR does not own, create, sell, resell, supply, control, manage, offer, deliver or provide any Ad or Partner Service, nor is it an organizer or retailer of package tours, accordingly with Directive (EU) 2015/2302. Collaborators are solely responsible for their Ads and Contributor Services. When Users make or accept a reservation, they sign a contract directly between themselves. EVR is not and will not become a party or a participant in any contractual relationship between User and Collaborator, nor does it constitute a real estate or insurance agent. EVR does not act as an agent in any capacity for any Collaborator, except as provided in the Service Rates.
Although we can help facilitate the resolution of disputes, EVR has no control over, nor does it guarantee (i) the existence, quality, safety, suitability or legality of any Ad or Contributor Service, (ii) the truthfulness or accuracy of descriptions of no Announcements or Evaluations, Comments and other Content of the Contributor (as defined below) or (iii) the performance or conduct of any Contributor or third party. EVR does not endorse any Member, Ad or Contributor Service. The User must always exercise due diligence and attention when deciding to participate in an Experience or Event or use other Collaborator Services
1.3 If you decide to use the EVR website as a Partner (as defined below), your relationship with EVR will be limited to that of an independent third party contractor and not that of an employee, agent, co-member of a joint venture or partner of EVR by any reason. Furthermore, you will act exclusively in your own name and interest, and not in the name or interest of EVR. EVR will not direct or control, nor will it be deemed to direct or control, the actions that you take or your behavior within the framework of these Terms, including with regard to your provision of the Partner Services. You acknowledge that you may, in your sole discretion, advertise Contributor Services or engage in any other business or employment activity.
1.4 EVR is not responsible for electrical interruptions or interruptions of the Internet service or telecommunications infrastructure that are beyond its control and that may generate interruptions in the availability of the EVR website. EVR may temporarily restrict and in accordance with the legitimate interests of the Collaborator the availability of the EVR website or certain areas or functions thereof if necessary due to capacity limits, security or the integrity of our servers, or to carry out maintenance measures that ensure the correct or improved operation of the EVR website. EVR may improve, strengthen and modify the EVR website, as well as introduce new EVR Services from time to time. EVR will provide notice to Collaborators about any changes to the EVR website, unless these changes are minor and do not produce material effects on the contractual obligations of the parties.
Eligibility, Use of the website www.evasionrural.com User verification
2.1 In order to access and use the EVR website or register an EVR Account, you must be 18 years of age or older or have a company, organization, or other duly organized, legally constituted legal entity that complies with the laws of the country in which is established and has the legal capacity and authority to sign a contract.
2.2 EVR may subject the access and use of the EVR website or certain areas or fu nctions of the same, to certain conditions or requirements, such as carrying out a verification process, meeting specific qualities or eligibility criteria, meeting thresholds for Comments or a specific history of reservations and cancellations of a Collaborator.
2.3 Verification of users on the Internet is difficult and we do not assume any responsibility for the confirmation of identity of any User.
2.4 Access to and use of certain areas and features of the EVR website may be subject to separate policies, rules, or guidelines, or may require you to agree to additional terms and conditions before you can access those important areas or features of the website. by EVR. If there is any conflict between these Terms and the terms and conditions applicable to a specific area or function of the EVR website, the latest terms and conditions will prevail with respect to your access to or use of that area or function, unless stated otherwise. contrary.
Modification of these Terms
EVR reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the EVR website. Likewise, we will notify you of the changes by sending you an email, at least thirty (30) days before they come into effect. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you of your right to terminate the Agreement in the notification email. If you do not terminate your Agreement prior to the effective date of the revised Terms, your continued access to or use of the EVR website will constitute acceptance of the revised Terms.
4.1 You must register an account (“EVR Account”) to access and use certain features of the EVR website, such as posting or booking an Experience. If you register an EVR Account for a company, organization or other legal person, you must declare and guarantee that you have the power to legally bind said entity and grant us all the permits and licenses provided in these Terms.
4.2 You must provide accurate, current and complete information during the registration process and keep the information on the EVR Account and the public profile page of your EVR Account up to date at all times.
4.3 You may not register more than one (1) EVR Account unless so authorized by EVR. You may not assign or otherwise transfer your EVR Account to another party.
4.4 You will be responsible for maintaining the confidentiality and security of your EVR Account credentials and may not disclose them to any third party. You must immediately inform EVR if you become aware or have reason to suspect that your credentials have been stolen, lost, misappropriated or threatened in any way, or in the event of unauthorized use of your EVR Account. or suspicion of it. You will be responsible for any and all activities carried out through your EVR Account, unless such activities have not been authorized by you and you have not acted negligently (such as in the case of not having reported the unauthorized use or loss of your credentials).
5.1 EVR may allow Collaborators and Users (i) to create, upload, publish, send, receive and store content, such as text, photos, audio, video and other material and information.
5.2 It is possible that the EVR website, the EVR Content and the User Content are, in whole or in part, protected by copyright, trademark and other EU laws. You acknowledge and agree that the EVR website and the EVR Content, including all associated intellectual property rights, are the exclusive property of EVR. You will not remove, alter or hide any trademark or sign of copyright, trademark or service or other notices of property rights that appear integrated or that accompany the EVR website, the EVR content or the content of the Collaborator and / or User.
5.3 You will not use, copy, adapt, modify, prepare derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the EVR website or the Collective Content, except to the extent in which you are the legal owner of certain content of the Collaborator and / or User or in accordance with what is expressly allowed in these Terms.
5.4 Notwithstanding your compliance with these Terms, EVR grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to (i) r and use the EVR website on your personal device (s) and ( ii) access and view any Collective Content made available on oat through the EVR website and accessible to you, solely for your personal and non-commercial use.
5.6 You are solely responsible for all Content of the Collaborator and / or User content that you make available on or through the EVR website. Consequently, you declare and guarantee that: (i) you are the sole and exclusive owner of all Content of the Collaborator and / or User content that you make available on or through the EVR website or that you have all the rights, licenses, consents and disclaimers necessary to grant EVR the rights in and over said Content of the Collaborator and / or User content as contemplated in these Terms; and (ii) neither the content of the content of the Contributor and / or User nor its publication, upload, dissemination, sending or transmission of the content of the Contributor and / or User nor the use by EVR of the content of the content of the Contributor and / or User or (or any part thereof) as contemplated in these Terms will violate, misappropriate or infringe patent rights, copyrights, trademark, trade secret, moral rights or other private or proprietary rights. intellectual property of a third party, nor the rights of privacy or protection of the personality of third parties, nor will it result in the breach of any applicable laws or regulations.
5.7 You will not publish, upload, disseminate, send or transmit any content of the Collaborator and / or User that: (i) is fraudulent, false, misleading (directly or by omission or failure to update the information) or false; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) encourages discrimination, intolerance, racism, hatred, harassment or harm against any person or group; (iv) is violent or threatening or encourages violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances.
EVR may charge a fee to the Collaborators in return for the use of the EVR website. This rate is 10% of the price of the total price contracted by the Users. EVR is responsible for charging all reservations for Experiences and / or Activities made by Users. Every 15 days EVR will transfer the total amounts of reservations for each Collaborator, discounting 10% plus the corresponding VAT and, therefore, issue an invoice to the Collaborator.
Specific Terms for Contributors
7.1 Terms applicable to all Ads
7.1.1 When creating an Announcement of an experience through the EVR website you must (i) provide complete and exact information about your Host Service (such as the description of the announcement, the location and the availability of dates), ( ii) disclose any deficiencies, restrictions and requirements that may be relevant (such as a minimum age, aptitudes or fitness requirements for an Experience) and (iii) provide any other relevant information that EVR requests. You are responsible for keeping your Ad information updated at all times (including the availability of dates).
7.1.2 You are solely responsible for setting a price (including Taxes, if applicable) on your Ad. Once a User requests a reservation of his Ad, he may not demand that the User pay a higher price than in the reservation request.
The price set in the ad to develop An Experience and / or Activity may never be higher than that offered or published in any other medium or agency or at the price that the Collaborator offers the Experience and / or Activity directly on its website, any social network or directly.
If the price set in EVR for an Experience and / or Activity advertisement is higher, EVR may suspend the relationship with the Collaborator and prevent him from using the EVR website.
7.1.3 The terms and conditions included in your Ad, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy that applies to your Ad.
7.1.4 The images, animations or videos (hereinafter, collectively, the “Images”) used in your Ads must accurately reflect the quality and condition of your Partner Services.
7.1.5 The placement and classification of Ads in search results within the EVR website may vary and depends on various factors, such as search parameters and User preferences, price and availability of dates, number and Image quality, customer service history and cancellations, Comments and Ratings, and / or ease of booking.
7.1.6 When you accept or have previously approved a reservation request by a User, you will be signing a legally binding contract with the latter, which obliges you to provide your Service (s) in accordance with what is described in your Announcement once the reservation request is completed. You also agree to pay the corresponding Contributor Fee and applicable Taxes.
7.1.7 EVR recommends that Collaborators take out adequate insurance for their Services. Carefully review the corresponding insurance policy, and make sure in particular that you know and understand any exceptions and reductions that may apply to said insurance policy, including, without limitation, whether or not it covers the actions or inactions of the Users. (and the natural persons for whom the User has reserved, if applicable) during the participation in their Experience, Event or other Collaborator Service.
Reservation of Experiences, Events and other Collaborator Services
8.1 You should carefully review the description of any Partner Experience, event, or other Service that you intend to book to ensure that (both you and any additional guests you reserve for) meet the minimum age, fitness, fitness, and other requirements that has indicated the Collaborator in their Ad. You may, at your sole discretion, inform the Collaborator of any medical or physical problem and other circumstances that may affect their ability, or that of any additional User, to participate in an Experience, an Event and other Collaborator Services. In addition, certain laws will also apply, such as the minimum age for the consumption of alcoholic beverages at the place of the Experience, the event or another Collaborator Service.
8.2 The User, before and during an Experience, an event and other Collaborator Services, must at all times respect the Collaborators’ instructions.
8.3 You may not bring with you any additional individual to the Experience, the event and other Collaborator Services, unless you have added such person as an additional User during the booking process on the EVR website.
Modifications, cancellations and refunds of reservations, Resolution Center
9.1 Users and Collaborators are responsible for how many modifications they make to a reservation through the EVR website or that they order to make to EVR’s customer service (“Reservation Modifications”), and agree to pay how many Ad Fees, Collaborator Fees o Additional User Fees and Taxes are associated with such Reservation Modifications.
9.2 Users may cancel a confirmed reservation at any time in accordance with the cancellation policy established by the Collaborator, and EVR will refund the Total Fees owed to the User in accordance with said cancellation policy. Unless there are causes of force majeure, EVR will send the Collaborator any parts of the Total Fees that are owed to them by virtue of the cancellation policy applicable in accordance with the service fees.
9.3 If a Collaborator cancels a confirmed reservation, the User will receive a full refund of the Total Rates corresponding to said reservation. EVR may publish an automatic comment in the Announcement canceled by the Collaborator indicating that a reservation has been canceled. In addition, EVR may (i) keep the dates of the reservation canceled in that Announcement blocked or unavailable, and / or (ii) impose a cancellation fee, unless the Collaborator has a valid reason to cancel the reservation or has legitimate suspicions regarding to User behavior io.
9.4 Regarding Experiences, Events and other Collaborator Services, if the weather poses a risk to the safety of Users, or if it prevents a Collaborator from carrying out a Collaborator Service that takes place mainly abroad, Collaborators may cancel the Contributor Service. They may also cancel it if there are other conditions that could prevent the Contributor from offering the Contributor Service safely.
9.5 In certain circumstances, EVR may cancel a pending or confirmed reservation on behalf of the Collaborator or User and initiate the corresponding refund. This may occur for reasons established in the cancellation policy for the reasons established in Section 15 of these Terms. When EVR cancels a reservation, EVR will notify the Collaborator and User and will offer them the reasons for said measure, unless the notification (i) makes it impossible or prevents the detection or impediment of fraud or other illegal activities, (ii) damages legitimate interests Members or third parties, or (iii) contradicts applicable laws.
Evaluations and Feedback
10.1 Within a limited period of time from the completion of a reservation, Users can leave a public rating (“Rating”) and submit a rating in number of stars (“Rating”). Ratings and Evaluations reflect the opinions of individual Users and not the opinion of EVR. EVR does not verify the accuracy of Reviews and Comments, which could thus be incorrect or misleading.
10.2 Ratings and Evaluations by Users must be correct; Furthermore, they may not contain offensive or offensive language.
10.3 It is prohibited for Collaborators to manipulate the Ratings and Evaluations system in any way, such as instructing a third party to write a negative or positive Comment about another Collaborator.
10.4 Ratings and Evaluations are part of the Collaborator’s public profile and may also be reflected in other parts of the EVR website.
11.1 As a Collaborator, you are solely responsible for determining your obligations to declare, collect, remit or include VAT and other indirect sales taxes in your Ad Fees.
11.2 Tax regulations may require that we collect the proper tax information from our Collaborators, or that we withhold taxes from payments to our Collaborators, or both. If a Collaborator does not provide us with the documentation required in accordance with applicable laws (for example: taxpayer number) to satisfy our obligation (if any) to withhold Tax from the payments made to him, we reserve the right to withhold the payments of the amount that is relevant to face the taxes that are required by law, until the matter is resolved.
12.1 You are solely responsible for compliance with all and any laws, rules, regulations and tax obligations that may be applicable to your use of the EVR website. In relation to your use of the EVR website, you will not take the following actions or help or allow others to do so:
breach or circumvent any laws or regulations, contracts with third parties, third party rights or our Terms, policies or regulations are applicable;
use the EVR website or the Collective Content for any commercial or other purpose that is not expressly contemplated in these Terms or in a way that falsely implies EVR’s endorsement or cooperation or that misleads others in any way regarding your affiliation with EVR;
use the EVR website in connection with the distribution of unwanted commercial messages (“spam”);
Unless EVR explicitly allows otherwise, reserving an Ad if you are not going to make effective use of the User Services yourself;
use the EVR website to request, make or accept a reservation outside the EVR website, to avoid any Service Fees or for any other reason;
request, accept or make any payment of Ad Fees outside the EVR website. If you do so: (i) you accept all risks and responsibility for such payment and (iii) release EVR from any liability for such payment;
discriminate or harass people on the basis of race, national origin, religion, sex, gender identity, physical or mental disability, medical situation, marital status, age or sexual orientation, or adopt from some other means any violent, harmful, abusive, or disruptive behavior;
use, display, mirror or frame the EVR website or the Collective Content or any individual element of the EVR website, the EVR name, any EVR trademark, logo or other proprietary information, or the design and the layout of any page or form contained in a page of the EVR website, without the express written consent of EVR;
tarnish, stain, or otherwise damage the EVR mark in any way, including, but not limited to, unauthorized use of Collective Content, registration or use of EVR, or derived terms in domain names, trade names, trademarks, or other identifiers of origin, or the registration or use of domain names, trade names, trademarks or other identifiers of origin that closely mimic, or are so similar to, EVR’s domains, trademarks, slogans, promotional campaigns or Collective Content misleading;
use robots, web spiders, web worms, web scrapers and other automatic means or processes to access, collect data and other content from, or otherwise interact with, the EVR website for any purpose;
avoid, obviate, withdraw, deactivate, impede, decode or attempt in any other way to circumvent a technological measure implemented by EVR or by any of EVR’s providers or other third parties in order to protect EVR’s website;
try to decipher, decompile or disassemble software used to offer the EVR website or apply reverse engineering techniques to it;
take any action that harms or adversely affects, or may harm or adversely affect, the performance or correct operation of the EVR website
infringe or violate the rights of any other person or harm any other person in any other way.
12.2 You acknowledge that EVR has no general obligation to monitor Contributor and / or User Content or actively look for facts or circumstances that indicate illegal activity, but have the right to review, disable access, or modify Contributor Content, to ( i) operate, protect and improve the security of the EVR website (including, without limitation, for fraud prevention, risk assessment, research and customer service purposes); (ii) ensure compliance by Collaborators with these Terms; (iii) comply with current legislation or a judicial order or requirement or issued by law enforcement agencies and other administrative agencies or government bodies; (iv) respond to Collaborator content that it determines to be harmful or offensive; or (v) as provided otherwise in these Terms. The Collaborators agree to cooperate and assist EVR in good faith, as well as to provide this information and take measures that EVR may reasonably request with respect to any investigation that it or one of its representatives undertakes in relation to the use or abuse. from the EVR website.
12.3 If you have the impression that any Collaborator and / or User with whom you interact, either online or in person, is acting or has acted inappropriately, such as someone (i) engaging in offensive behavior, violent or sexually inappropriate, (ii) who you suspect has stolen from you, or (iii) adopt any other disruptive behavior, you must immediately report said person to the corresponding authorities and then to EVR, contacting us provided with the number police station and report card (if applicable). You agree that no notification you make will oblige us to take action (other than those required by law, if applicable).
Period of validity and termination, suspension and other measures
13.1 This Agreement is effective until such time as you or EVR terminate the Agreement in accordance with this provision.
13.2 You may terminate this Agreement at any time by sending us an email. If you cancel your EVR Account as a Partner, all confirmed reservations will be automatically canceled and your Users will be fully reimbursed for all payments made. If you cancel your EVR Account as a User, all confirmed reservations will be automatically canceled and any refund will depend on the terms of the cancellation policy in the Listing.
13.3 Without prejudice to our rights specified below, EVR may terminate this Agreement for convenience at any time with thirty (30) days notice sent by email to your registered email address.
13.4 EVR may terminate this Agreement and / or prevent you from accessing the EVR website, immediately and without prior notice, in the event that (i) you have substantially breached your obligations,
actions under these Terms, (ii) you have violated any law, regulation or rights of third parties that apply to you, or (iii) such action is necessary to protect the personal safety or material assets of EVR, its Collaborators or third parties (eg, in case of fraudulent behavior of a Collaborator and / or User).
13.5 In addition, EVR may adopt any of the following measures (i) to comply with the applicable legislation or with a judicial order or requirement, issued by law enforcement agencies or other administrative agencies or a governmental body, or in the event that (ii ) you have breached or violated these Terms, any laws, regulations or third party rights that apply to you, (iii) you have provided inaccurate, fraudulent, obsolete or incomplete information during the registration of the EVR Account, the process of the Announcement or subsequently, (iv) you and / or your Announcements or Partner Services do not meet any of the quality or eligibility criteria at any time, (v) you have repeatedly received negative Ratings or Evaluations or EVR arrives to have knowledge in any way, or have received complaints about the way in which you have behaved or acted, (vi) you have repeatedly canceled reservations confirm adas or has not responded to reservation requests without good reason:
deny the display, delete or delay any Announcement, Evaluation, Comment and other Content of the Contributor;
cancel any pending or confirmed reservation;
limit your access or use of the EVR website;
temporarily or permanently revoke any special status associated with your EVR Account;
temporarily or, in the event of serious or repeated default, permanently suspend your EVR Account.
13.6 If we adopt any of the measures described above, (i) we may reimburse your Users the total amount paid for all confirmed reservations, regardless of any pre-existing cancellation policy, and (ii) you will not be entitled to any compensation for the Confirmed or pending reservations that are canceled.
13.7 Once this Agreement is terminated, you will not have the right to have your EVR Account restored or any element of your Partner content. If your access or use of the EVR website has been limited or if your EVR Account has been suspended or we have terminated this Agreement, you will not be able to register a new EVR Account or access or use the EVR website through the EVR Account of another Collaborator.
EVR is liable under the regulations for malicious acts and gross negligence committed by us, by our legal representatives, managers and other indirect agents. The same will apply with respect to the assumption of guarantees or any other strict liability or in the event of a negligent injury that affects life, physical integrity or health. EVR is responsible for any negligent breaches of basic contractual obligations that are committed by us, our legal representatives, managers and other indirect agents, limiting said responsibility to foreseeable damages typical of the contract. The basic contractual obligations are those of EVR whose correct fulfillment you regularly trust and must rely on for the correct performance of the contract. Any additional liability of EVR is excluded.
To the extent permitted by current law, you agree to exempt, defend (at EVR’s discretion), indemnify and discharge EVR from liability, as well as its managers, employees, against and against any claims, liabilities, indemnities for damages, losses and expenses, including, without limitation, reasonable expenses for legal and accounting advice, arising from, or are in any way related to (i) your breach of these Terms or our Policies o Rules, (ii) your improper use of the EVR website or any EVR Services, (iii) your interaction with any Collaborator, your participation in an Experience, Event and other Collaborator Services, including, without limitation, any injuries, losses or compensation for damages (whether they are non-compensatory sanctions, for direct, incidental, consequential or other damages) of any kind that arise in relation to, or as a result of, said interaction, stay, participation or enjoyment, or (v) the infringement on your part of any laws, regulations or rights of third parties. The compensation obligation in accordance with this Section 17 only applies if and to the extent that the claims, responsibilities, damages, losses and expenses have been caused by the culpable breach of an obligation contractual.
Arbitration and dispute resolution agreement
These Terms and all matters arising out of or relating to these Terms, including but not limited to non-contractual disputes, claims and their interpretation are governed by the laws of the European Union to the extent that such law is not overridden by the corresponding mandatory law. Any dispute or claims arising out of or related to these Terms, including, but not limited to, non-contractual disputes, claims and their interpretation, are subject to the jurisdiction of the Spanish courts. Place of jurisdiction is Granada, Spain
Comments, comments and suggestions for improving the Airbnb Platform are welcome and we encourage you to send them to us (“Comments”). You can send us Observations by sending us an email, through the Contact section of the EVR website or by other means of communication. Any type of Observations that you send us can be used by us for any commercial purpose and will be considered as non-confidential and without corresponding property rights.
Applicable law and jurisdiction
These Terms and Conditions will be governed and interpreted in accordance with Spanish legislation. In the event that you act as a consumer, and the consumer protection regulations that are mandatory in your country of residence contain provisions that are more beneficial to you, these provisions will apply regardless of the choice of Spanish law.
19.1 With the exception of supplements that may be formed by additional terms and conditions, policies, guidelines or regulations, these Terms constitute the entire Agreement between EVR and you in relation to the object thereof, and replace any and all agreements or pacts , orally or in writing, between EVR and you in relation to accessing and using the EVR website.
19.2 There is no joint venture, cooperation, employment or agency relationship between you and EVR as a result of this Agreement or your use of the EVR website.
19.3 These Terms do not confer or intend to confer any right or remedy in favor of any person other than the parties.
19.4 If any of these Terms is deemed void or unenforceable, such provision will be deleted and will not affect the validity and effect of the other provisions.
19.5 The non-application by EVR of any right or provision of these Terms will not constitute a waiver of said right or provision unless we acknowledge or accept it in writing. Except as expressly provided in these Terms, the exercise by any of the parties of any of its resources contemplated in these Terms will be without prejudice to its other resources contemplated in these Terms or otherwise provided by law.
19.6 You may not assign, transfer or delegate this Agreement or your rights and obligations under it without the prior written consent of EVR. EVR may assign, transfer or delegate this Agreement and any rights and obligations under it, at its sole discretion, giving 30 days’ notice. Your right to terminate this Agreement at any time will not be affected.