AGENTS Terms and Conditions
Last Updated version: 10-02-2020
These Terms and Conditions constitute a legally binding agreement (“Agreement”) between you and Invenio governing your access to and use of the Invenio website and any application program interfaces (“Invenio Platform”).
When these Terms mention “Invenio,” “we,” “us,” or “our,” it refers to Invenio Homes, S.L.U. , Edificio Sol y Mar, C. Sa Talaia, 4, Bajos, Cala Llonga 07849 Sta. Eulalia del Río, Ibiza, Spain. NIF: B16649519.
Agents alone are responsible for understanding and complying with all laws, rules, tax obligations and regulations that apply to their services and to their use of Invenio Platform.
- Scope of Invenio Services
1.1. Invenio is a company specialized in contacting owners (“Owners”) with Agents (“Agents”) and/or third party commissionists searching to reserve rental properties. Invenio Platform enables Owners to publish their properties (“Properties”) to be leased on the Invenio Platform and enables Agents to book properties for their Clients.
1.2. As the provider of the Invenio Platform, Invenio does not own, provide, control, manage, offer, or supply any Properties, nor is Invenio an organiser or retailer of travel packages under Directive (EU) 2015/2302, nor is a company that commercialises dwellings for touristic accommodation under Act 8/2012, of the 19th of July, and its subsequent amendments (“Balearic Tourism Law”), and cannot be considered as any entity regulated at the Balearic Tourism Law.
1.3. Agents assume the unique responsibility for any bookings on behalf of their own Clients or any 3rd parties and agree to the fulfilment of all legal requirements, specifically those established at the Rental and Tourism Law applicable to the Property. Invenio is not and does not become a party to or other participant in any contractual relationship between Owners, Agents and final Clients in the case a non licensed property is rented, nor is Invenio a real estate broker. Invenio is not acting as an agent in any capacity for any Owner or Agent.
1.4. All properties are inspected by our team prior to listing the Property in Invenio Platform. However, Invenio has no control over and does not guarantee that the furniture, quality and descriptions remain the same when a rental client checks in. We encourage the Agent or its representative to visit the Property prior to reservation, in order to ensure that the Clients expectations are met. Access to the Property will depend on the availability and it is not guaranteed.
Invenio has no control over and does not guarantee that the Property has all valid Licenses needed for the occupancy by your Clients, included the Occupancy certificate (Cedula de habitabilidad). Invenio Platform will publish Properties indicating all available information, including licenses. Please contact us for further information, when needed.
1.5. According to Balearic Tourism Law (Act 8/2012, of the 19th of July and its subsequent amendments), Properties rented for less than a month need a specific touristic license (Estancia TurísticaenViviendas, “ETV License”). Invenio has no control over and does not guarantee the applicability of an ETV License at the booked Property. If you book a Property for less than one month, please ensure that the Property has the relevant ETV license. Invenio does not assume any liability vis-à-vis you, the Owners, the Spanish public authorities and any third party with respect the use by your Clients of any Property without a ETV License for a period of less than 1 month.
1.6. According to Spanish Rental Law (Ley de Arrendamientos Urbanos, “LAU”), deposit for rentals for non-residence uses is two months’ rent. Please, ensure that all agreements you entered with under LAU conditions include this requirement. LAU rentals do not allow offering additional services such as cleaning, linen cleaning, etc.
Non-residential uses includes seasonal rentals, professional uses, commercial uses, cultural or educational uses, etc.
1.7. You should always exercise due diligence and care when deciding whether to offer a Property to your own Clients, and verify that the Property fulfils all legal requirements, including the terms and conditions established at the Occupancy Certificate and the applicable licenses (i.e. period of time, facilities, number of rooms and bathrooms, occupancy rules). Any attempt to rent a Property in contradiction to the applicable rental and touristic laws will be the sole responsibility of the Agent forfeiting any responsibility of the participation of Invenio.
1.8. If you choose to use the Invenio Platform, your relationship with Invenio is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of Invenio for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Invenio. Invenio does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically.
- Account Registration.
2.1. In order to access and use the Invenio Platform as an Agent you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered in and able to enter into legally binding contracts.
2.2. By registering, you represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a European Union (“EU”) embargo, or that has been designated by the EU as a “terrorist supporting” country, and (ii) you are not listed on any EU list of prohibited or restricted parties.
2.3. For Anti-money laundering and combating the financing of terrorism prevention purposes, Invenio may, but have no obligation to screen Agents against third party databases or other sources and request reports from service providers.
- Intellectual Property Rights.
3.1. All the Intellectual Property Rights (“IPRs”) on Invenio Platform, whether registered or not registered, and including software, commercial names, Trademarks, Properties images and properties descriptions, belong to Invenio or other third parties. You expressly accepts that under no circumstances shall not make any attempt to register any of such rights in any country or zone.
3.2. Without Invenio written authorization, you shall not use any IPR, directly or indirectly for any purposes. Invenio does not assume any liability vis-à-vis any legal owner of IPR with respect your unauthorised IP use and hereby reserves all actions.
- Modification of these Terms.
4.1. Invenio 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 Invenio Platform and update the “Last Updated version” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Invenio Platform will constitute acceptance of the revised Terms.
5.1. Agents will verify at Invenio Platform the availability of a particular Property for its Clients. If the Property is available, Invenio will confirm this in writing to the latter and in return the Agent will be sending to Invenio the Reservation Form duly fulfilled per scanned e-mail and signed as signal of fully approval of the reservation. By signing each Reservation Form, you confirm and guarantee to Invenio that you assume all the obligations directed to the Clients, and that your Clients will accept in written the obligations included in the Reservation Form affecting your Clients.
5.2. All applicable fees (“Fees”) will be presented to the Agent prior to booking a Property. The Fees will be paid to Invenio together with any taxes that will be legally applicable at all times. For the avoidance of doubt, these fees do not include any additional services unless otherwise stated within our marketing material or within separate terms and conditions relating to each individual booking. Your Agent fees and / or commissions must be added to the rates we provide in accordance with your own pricing and commissions policy.
5.3. Rental prices and availability may vary from time to time. Because price changes may affect prices that you have listed on your site or within your marketing material, you should be proactive in checking these details. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Property.
Please be aware that any prices advertised in Balearic islands for less than 30 days at Properties without ETV licenses are for the sole purpose of supplying a price estimation for Agents to gauge estimated or approximate prices in relationships to a longer rental period of more than 30 days.
5.4. Owners and Agents are responsible for any modifications or cancellations to a booking that they make via the Invenio Platform, and agree to pay any additional fees, and/or taxes associated with such booking modifications.
5.5. You agree to cooperate with and assist Invenio in good faith, and to provide Invenio with such information and take such actions as may be reasonably requested by Invenio, in connection with any damage claims or other complaints or claims made by Owners relating to your Clients.
- Force Majeure
6.1. Neither us nor the Owner shall be liable for any default or delay in the performance of its responsibilities under these Terms and Conditions if and to the extent such default or delay is caused, directly or indirectly, extreme weather conditions by fire, flood, earthquake, hurricane, drought, ocean phenomena, elements of nature or acts of God, riots, strikes, civil disorders, quarantine restrictions, epidemics, pandemics, or any other cause beyond the reasonable control of such party.
7.1 This Agreement shall be effective until such time when you or Invenio terminate the Agreement in accordance with this provision.
7.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Invenio Account as an Agent, any confirmed bookings will be automatically cancelled and any refund will depend upon the terms of the Owner’s cancellation policy.
7.3 Without limiting our rights specified below, Invenio may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
7.4 Invenio may immediately, without notice, terminate this Agreement and/or stop providing access to the Invenio Platform if (i) you have materially breached your obligations under these Terms or the Reservation Form, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect Invenio, or third parties (for example in the case of fraudulent behaviour).
8.1. To the maximum extent permitted by applicable law, you agree to release, defend (at Invenio’s option), indemnify, and hold Invenio, their directors and employees, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Invenio Platform, or (iv) your breach of any laws, regulations or third party rights. This indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
9.1. In the case of Invenio: Invenio Homes, S.L.U., Edificio Sol y Mar, C. Sa Talaia, 4, Bajos, Cala Llonga 07849 Sta. Eulalia del Río, Ibiza, Spain, [tel], [ email ], [ fax ]. Independently of the means used, it will be addressed for the attention of [ ].
9.2. Unless specified otherwise, any notices or other communications to Agents permitted or required under this Agreement, will be provided electronically and given by Invenio via email, Facebook or messaging service (including SMS and WhatsApp).
- Applicable Law and Jurisdiction
10.1. This Agreement shall be construed under and be governed by the Laws of Spain.
10.2. The Parties hereby expressly and irrevocably agree that any dispute arising out of or relating or in connection with the validity, interpretation or performance of this Agreement and all matters subsequent or consequential hereto, shall be submitted to the exclusive jurisdiction of the Courts of Eivissa (Spain), and expressly waive any other jurisdiction which you may be entitled to.
- General Provisions
11.1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Invenio and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Invenio and you in relation to the access to and use of the Invenio Platform.
11.2. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
11.3. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
11.4. Invenio’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
11.5. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Invenio’s prior written consent. Invenio may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
The Agent hereby confirms and acknowledges that it will fulfil all legal requirements for the promotion, commercialization, intermediation, booking and rent of each Property. Any attempt to promote, commercialize, intermediate, book or rent a Property in contradiction to the applicable laws will be the sole responsibility of the Agent forfeiting any responsibility of the participation of Invenio.