User Agreement

The use of BYHOURS services implies acceptance of the following User Agreement:

1. Acceptance and availability of the User Agreement
2. Applicable regulations
3. Modification of the User Agreement
4. Description of services
5. Types of reservations
6. Reservation confirmation
7. Refund or cancellation
8. Payment method and security
9. User-client obligations
10. Prohibitions
11. Privacy and protection of personal data
12. Industrial and intellectual property
13. Links to other Internet sites
14. Cookies
15. Responsibilities
16. Indemnification
17. Nullity and ineffectiveness of clauses
18. Notifications
19. Applicable legislation and competent jurisdiction

Acceptance and availability of the User Agreement

BYHOURS Travel S.L. is a Spanish entity with registered office at Edificio Palau de Mar 3A2, Plaza Pau Vila, nº 1. 08039 Barcelona, CIF B65729030, telephone (+34) 934124622, email hello@byhours.com, registered in the Central Commercial Register of Barcelona, Volume 43037, Folio 0148, Sheet/Duo 418828, Registration 1st, GENERAL Section. By accepting this contract, you declare: That you are of legal age and have the capacity to contract, That you have read and accept the present User Agreement. These User Agreement govern the legal relationship arising from the contracting processes carried out between user-clients of the Website located at the url http://www.byhours.com owned by BYHOURS Travel S.L. (hereinafter: BYHOURS) and in the BYHOURS mobile application. User-clients accept the User Agreement from the moment they use, contract or purchase any BYHOURS product. This document may be printed and stored by user-clients. BYHOURS makes available to them the email address hello@byhours.com so that they can raise any questions about the User Agreement.

Applicable regulations

These User Agreement are subject to Law 7/1998, of April 13, on General Contracting Conditions, to Legislative Royal Decree 1/2007, of November 16, which approved the Consumer and User Law, to Royal Decree 1906/1999, of December 17, 1999, regulating Telephone or Electronic Contracting with general conditions, Organic Law 15/1999, of December 13, on Personal Data Protection, Law 7/1996, of January 15, on Retail Trade Regulation, and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

Current regulations on the Tax on stays in tourist establishments

In accordance with Law 5/2012, of March 20, on fiscal, financial and administrative measures and creation of the Tax on Stays in Tourist Establishments, we inform you that once your stay at the Establishment ends, the Hotelier may request payment of said tourist tax.

The tourist tax may vary depending on the hotel. Therefore, depending on the location and category, the rate to be paid will be different.

BYHOURS, based on the provisions of said regulations, undertakes to inform the user at all times about the new situation in the hospitality world, regarding its rates and payment time. Therefore, you must be aware that the price published on the BYHOURS website does not include the tourist tax, so the room price will be increased upon arrival at the hotel, with said tax being applied per person, except for those under sixteen years of age. In this context, the user may not accuse BYHOURS of not being aware of the existence of said tourist tax, or of its payment at the end of the stay at the Establishment.

Modification of the User Agreement

BYHOURS may modify the User Agreement by notifying user-clients with sufficient advance notice, in order to improve the services and products offered through BYHOURS. Such modifications will be notified by including a message on the website itself, and must be expressly accepted by user-clients. Such modifications will not be retroactive and will not, therefore, affect orders placed prior to the modification. In any case, the User Agreement contained herein are mandatory and binding; any person who does not accept these terms must refrain from using the portal and/or BYHOURS services.

These User Agreement do not create any partnership, mandate, franchise, or employment relationship between BYHOURS and user-clients.

BYHOURS reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or damages.

Description of services

BYHOURS is the first online platform and mobile application for booking hotel rooms in hourly packages. The idea was born to enjoy a hotel room, and its services, paying for the exact time the client wants to be in their room. Now is the time when the user-client decides the check-in and check-out time of the hotel, and pays only for those hours. We leave aside entering the room at 12 am, and having the obligation to leave it at 12 am on the departure day. Likewise, in BYHOURS the user-client chooses the city where they want to search for hotels, the hotel where to stay, the time they arrive at the hotel, and the hours they will be there. With BYHOURS, hotel reservations align with pay-per-use.

On different social networks, BYHOURS followers refer and recommend our services, generating a large volume of sales and great notoriety for our associated businesses, in this case hotels.

Different communication channels between BYHOURS and the user-client:

• Registration. To enjoy special promotions and receive information about future BYHOURS events, simply register your email to our newsletter, or sign up at blog.byhours.com, entering your email address. You can also register through the mobile application to receive our promotions. It is mandatory to complete the form in all its fields to be able to use the services offered by BYHOURS. The information or personal data registered in each of the form fields must be accurate, precise and true. BYHOURS is not responsible for the veracity of the information provided by user clients. All user-clients guarantee and are responsible, in any case, for the veracity, accuracy, validity and authenticity of the personal data entered. The information and personal data will be used exclusively by BYHOURS to identify the user-client and classify their profile in order to offer better service.
• Offers and Promotions. The prices advertised in our promotions and banners are equivalent to the fair price per stay at the different hotels. Likewise, the prices shown are the best offers that BYHOURS can offer to its user-clients. Sometimes, these promotions also depend on the hoteliers themselves. In all cases, promotions are subject to hotel availability on our web/app platform. In addition, the user-client can find exclusive offers, depending on the channel in which they book.
• Follow BYHOURS. You can follow us on our social networks (Facebook, Twitter, Instagram and LinkedIn) through the buttons of these networks, which are located in the bottom menu of www.byhours.com; or directly at www.facebook.com/byhours, www.x.com/byhours; https://www.instagram.com/byhours, or www.linkedin.com/company/byhours-com.
• BYHOURS Contests. We have the power to hold contests on our site or on its social networks, when we deem it appropriate. Participation by the user-client in these contests is completely voluntary. The requested data may include personally identifiable information. By participating, you accept all terms and conditions, which will be clearly specified in the rules. The data provided by the user-client will be used solely for the action in question.

Types of reservations

Both on the online platform and in the mobile application, BYHOURS user-clients access different types of hotel reservations. In this case we distinguish between: hotel reservations that are paid in full during the reservation process, hotel reservations in which part of the total reservation is paid, or hotel reservations in which the user-client does not pay anything during the reservation process (payment is made in full directly at the hotel).

Reservation confirmation

Upon completing the reservation, we will send you an email with the reservation confirmation containing both your personal data and the reservation data (hotel data and reservation locator included). Remember to bring it printed on the day of your stay at the hotel.

Refund or cancellation

All reservations on our platform can be cancelled 24 hours before the hotel check-in time, except for those hotels/reservations that indicate otherwise. Cancellation is not effective until the client receives an email from BYHOURS confirming that their reservation has been cancelled. If the cancellation is made within the correct period, the previously paid amount will be refunded in full, unless otherwise indicated at the time of reservation confirmation. The refund will be made by the same method and payment platform used to charge the user-client. If the cancellation is made outside the period established in the hotel's cancellation policy, the hotel reserves the right to charge the full reservation, by the same payment method that the user-client has paid part of the reservation (if so) or by charging the credit card that the user-client has provided as a reservation guarantee. It is informed that as set forth in the applicable legislation, Legislative Royal Decree 1/2007, given the characteristics of the service, the client will not have the right of withdrawal. For any cancellation management: contact our customer service team

Payment method and security

At BYHOURS the user-client has different payment methods: reservations where the full final price is paid upon confirmation, part of the total reservation, or reservations that will be paid at the same hotel where they stay on the day of their stay. Whenever the user makes a payment on our portal, they can be completely at ease. All payments are made with complete security. At BYHOURS you can pay for the reservation via credit card or through PayPal. The credit card number will only be used for that specific transaction, and the hotelier will be able to access it a few hours after check-in at the hotel. For direct payment reservations at the hotel, only management fees will be charged at the time of reservation, for reservations that require it. In case of any discrepancy in relation to the above, the client must contact BYHOURS through the address hello@byhours.com or by calling the customer service number.

User-client obligations

• User-Client Obligations: The user-client can make reservations at BYHOURS, without the obligation to register on said platform. The confirmation of the purchase order indicates that the user-client accepts the specifications and characteristics of the good, product or service offered. Likewise, that they are bound by the sales conditions included in the description of the good, product or service to the extent that they do not infringe the laws or the User Agreement and other BYHOURS policies. The user-client, when confirming a reservation, agrees with its cancellation policy, and with the expenses that it may incur.
• Hotel Obligations: BYHOURS providers are the hotels that actively participate in our hotel network. In this way, they are the ones that offer the services that BYHOURS manages through its online platform and mobile application. Likewise, the hotel has the obligation to comply with all contractual terms and privacy policy set forth in this reservation platform (see, www.byhours.com). Regarding the cancellation of reservations, the provider has the obligation to inform BYHOURS of its cancellation policy and, the latter, to inform the client of the same, both whether the reservation incurs expenses or not. Likewise, it is the responsibility of the user-client to comply with the sales conditions, limiting themselves to the reserved hours, the characteristics and specifications of the products and services offered, as well as that guarantees are granted when required.

Prohibitions

BYHOURS User-Clients may not:

Be registered without having previously accepted the BYHOURS User Agreement.

Cancel a reservation outside the period previously established by the hotel and communicated on our reservation platforms. In addition, they may not demand a refund if it is outside the detailed period. The refund of said amount, if it is out of time, is the responsibility and legitimacy of the hotel to incur expenses, according to its cancellation and refund policy.

Privacy and protection of personal data

In compliance with the provisions of LOPD 15/1999, of December 13, we inform you that your personal data will be incorporated and processed in BYHOURS files, in order to provide and offer our services, by providing the email address or other personal data, a necessary requirement for the contracting of certain services, user-clients give their permission for said addresses to be processed and also used to send commercial communications of promotion or advertising of the services and products offered by BYHOURS. User-clients who provide their personal data give their express consent for them to be communicated for their use in carrying out activities of their corporate purpose in the leisure sector. User-clients are informed that such communication may occur at the same time they provide the data to BYHOURS. BYHOURS makes available to user-clients the email address hello@byhours.com, so that they can revoke the consent given. As well as the exercise of the rights of access, rectification, cancellation and opposition guaranteed by current legislation. BYHOURS declares that it complies with current regulations regarding data protection, in particular Organic Law 15/1999, of December 13, on Personal Data Protection and Royal Decree 1720/2007, of December 21, which develops said organic law.

Industrial and intellectual property

The contents supplied by BYHOURS are subject to intellectual and industrial property rights and are the exclusive property of BYHOURS or of the natural or legal persons informed. By acquiring a product or service, BYHOURS does not grant the acquirer any right of alteration, exploitation, reproduction, distribution or public communication over it, reserving BYHOURS all these rights. The assignment of said rights will require the prior written consent of the owner thereof, so that the client may not make said contents available to third parties.

Intellectual property extends, in addition to the content included in BYHOURS, to its graphics, logos, designs, images and source code used for its programming. BYHOURS has obtained the Information and materials included on the website from sources considered reliable and, although reasonable measures have been taken to ensure that the information contained is correct, BYHOURS cannot guarantee that at all times and circumstances such information is accurate, complete, updated and, consequently, should not be relied upon as if it were. BYHOURS expressly disclaims any responsibility for error or omission in the Information contained on the pages of this website.

BYHOURS reserves the right to modify, suspend, cancel or restrict the content of the website, the links or the information obtained through it, without prior notice. It, in no case, assumes any responsibility as a consequence of the incorrect use of the website that the user may carry out, both of the information and of the services contained therein.

In no case shall BYHOURS, its branches and/or work centers, its directors and/or attorneys, employees and, in general, authorized personnel be responsible for any type of damage, losses, claims or expenses of any kind, whether they arise, directly or indirectly, from the use and/or dissemination of the website or the information acquired or accessed by or through it, or from its computer viruses, operational failures or interruptions in service or transmission or line failures in the use of the website, whether by direct connection or by link or other means, constituting in all legal respects a notice to any user that these possibilities and events may occur.

This website is owned by BYHOURS. The Intellectual Property rights and exploitation and reproduction rights of this website, its pages, screens, the information they contain, their appearance and design, as well as the links ("hyperlinks") established from it to other web pages of any subsidiary and/or controlled company of BYHOURS, are the exclusive property of the latter, unless expressly specified otherwise. Any name, design and/or logo, as well as any product or service offered and reflected on this website, are duly registered trademarks by BYHOURS, by its subsidiary and/or controlled companies or by third parties. Any improper use of them by persons other than their legitimate owner and without the express and unequivocal consent of the latter may be reported and pursued through all legal means existing in the Spanish and/or Community Legal System.

The intellectual property rights and trademarks of third parties are properly highlighted and must be respected by anyone who accesses this page, BYHOURS not being responsible for the use that the user may make in this regard, the exclusive responsibility falling on their person.

Only for personal and private use is it permitted to download the contents, copy or print any page of this website. It is prohibited to reproduce, transmit, modify or delete the information, content or warnings of this website without the prior written authorization of BYHOURS

Links to other Internet sites

BYHOURS Internet pages may contain links (links) to other third-party pages. Therefore, it cannot assume responsibilities for the content that may appear on third-party pages. The texts, images, sounds, animations, software and the rest of the contents included on this website are the exclusive property of BYHOURS or its licensors. Any act of transmission, distribution, assignment, reproduction, storage or public communication, total or partial, must have the express consent of BYHOURS.

Cookies

On some occasions, this website uses "Cookies", that is, small data files that are generated on the user's computer and that allow obtaining the following Information:

Date and time of the last time the user-client visited the website;

Design and content that the user-client chose on their first visit to the website;

Security elements involved in access control to restricted areas and Other similar circumstances.

The user-client has the option to prevent the generation of cookies, by selecting the corresponding option in their browser program. However, BYHOURS is not responsible for the deactivation of them preventing the proper functioning of the website.

Responsibilities

BYHOURS makes available to user-clients a virtual space, making the greatest efforts for its updating, maintenance and operation, not being able to guarantee the absence of technical failures, the infallibility of the service, nor that the system or portal is operational at all times, which allows intermediation between user-clients and Hotels in the purchase-sale of a product or service. BYHOURS is not the owner of the products or services offered, it does not have possession of them. BYHOURS intervenes in the perfection of operations carried out between user-clients (buyers and suppliers), but is not directly responsible for the existence, quality, quantity, condition, integrity of the goods, products or services. Each user-client, supplier or manufacturer knows and accepts being the exclusive responsible for the offers of the products or services. BYHOURS acts as an intermediary between buyers and suppliers, thus offering them a way to book hotel rooms never seen before, deviating from the hotel reservation of rooms by days, and focusing on pay-per-use in hotel reservations, where the user-client only pays for the time they are in the room. In case user-clients initiate any type of claim regarding the good, product and/or service, such claims or actions exempt BYHOURS, its manager, directors, operators, representatives and attorneys from all liability.

BYHOURS, within its policies for the admission of its user-client Providers, requires the integrity, honesty, social responsibility and moral strength of each of them, as well as the quality of their products and services. If this were the case, send an email to the following contact address to solve this problem hello@byhours.com.

Indemnification

User-clients will hold BYHOURS, its directors, administrators, representatives and employees harmless, for any claim or demand from third parties related to their use of the activities promoted within the web portal or mobile application, as well as in the event that such claims derive from a breach by the user-client of the User Agreement and other policies that are understood to be incorporated herein or due to the violation of any laws or rights of third parties.

Nullity and ineffectiveness of clauses

If any clause included in these User Agreement were declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof that is null or ineffective, the User Agreement subsisting in everything else, having such provision, or the part thereof that was affected, as not put.

Notifications

All notifications, requirements, requests and other communications that must be made by the parties in relation to these User Agreement must be made in writing and will be understood to have been duly made when they have been delivered in person or sent by ordinary mail to the address of the other party or to their email, or to any other address or email that for these purposes each party may indicate to the other.

Applicable legislation and competent jurisdiction

These User Agreement will be governed and interpreted in accordance with the Laws of Spain.