Last update: September 2, 2015
This program teaches and promotes confidence, respect for fellow Users and appropriate use of the Spaces provided. Those who do not meet these requirements do NOT have a place on our web Platform.
LEGAL ADVICE: LEGAL INFORMATION / CONTACTS:
Corporate Name: Business Class Projects. SL
Commercial Name: www.Room4Exchange.com
Room4Exchange (is a recognised trademark)
Address: C/ Ignaci Barraquer 21 bajos, Corbera de llobregat, Barcelona.
Contained in the Registry: of Barcelona, volume 44095 folio 97 page B446807
CIF / NIF: B66183849 // Telephone: 00 3493 6505 675
Name of Website: www.room4exchange.com
Herein referred to as: R4E
Definition of Terms:
Web Platform: Web page and/or related blogs belonging to the domain Room4Exchage.com
Space: Physical building which is used in the exchange, and other small units which are also accepted (apartments/studios/flats).
Subsidiaries: Blogs, web pages and other media for the promotion and sharing of the activities of R4E.
User/s: All individuals who access and make direct or indirect use of the web Platform by linking via the internet, and having previously accepted the terms and conditions.
Subsequently, in the event that the User completes the registration to a satisfactory standard, use of the Portal will be provided with appropriate access to the associated services.
Registered User: Understood as meaning a User who has registered their Space, profile and relevant information, having previously accepted the terms and conditions.
Roommates/ Roomies: Individuals who reside in the same Space, who also must accept the conditions.
Profile: Content and descriptions (digital or otherwise), provided by the registered User or related to themselves, their concerns, requirements, preferred destinations, visited destinations, their Space, roommates/roomies, features, facilities, services, content and/or
1. General Conditions of Use and Acceptance
The following General Conditions of Use aim to regulate the access and use of the services and content provided by the Platform.
The R4E program aims to serve as an informative Platform and facilitate contact between Users
WITHOUT PAID TRANSACTION,
for those who use the Platform exclusively for the management and/or exchange of Spaces as part of shared houses or the exchange of Spaces in their entirety, at a national or international level, thereby providing lodgings for the Users during their travels.
Notwithstanding that the exchange of Spaces between Users is based on the terms which those individuals have signed exclusively and at their own discretion between themselves to be the sole individual responsible equally for the Spaces and the accommodation provided therein, the registration and use of the provided service of R4E assumes the acceptance, without reservation, of these general conditions specified by Business Class Projects. SL. Therefore, is recommended that the User regularly reads the following General Conditions of Use, as they are subject to updates.
User access to this Platform is free and voluntary and is attributed to whomsoever accepts the Conditions as a User. Notwithstanding the specific conditions found herein relating to the access of different services to those here described, in all cases, do not overrule the following Conditions.
The use of the Platform implies the clear acceptance of the terms and conditions.
To discuss queries or problems please contact firstname.lastname@example.org
R4E reserves the right to update, modify, cancel or delete information relating to the Conditions at any time, without forewarning and without assuming any responsibility for it. In all instances, before using the Services, registered and unregistered Users alike may access and consult the Conditions.
R4E may modify the Conditions, when considered necessary, respecting the rights acquired by the User. New Conditions will be stated on the web Platform being the effective form of communication indicated in the following clause. The User may object to the Conditions, communicating this to R4E, resulting in the non-renewal of the Conditions and the loss of payment made.
The objective of the services the Platform provides is to facilitate contact between registered Users for the exchange of Spaces as part of shared houses or the exchange of Spaces in their entirety; exchanges which can be made internationally. Said exchanges occur without economic transaction between parties for the transfer of Space on a temporary basis.
The Spaces subject to the exchange between Users should be freely available for use, either through entitlement or ownership, or other such arrangement such as renting which allows it to be used. In the event that the Space was not authorized to be exchanged as R4E was informed, the Platform reserves the right to exclude such Spaces and those who offer them.
There may be educational components to the exchange and/or the exchange of skills between the registered Users and/or other roommates/roomies included in the Spaces subject to the exchange. These will be advertised for guiding purposes by said Users or authorized third parties, by prior arrangement and extension of services between the two parties involved.
The only economic transactions will be established according to the rates and offers in force at all times, and the concept of billing will be for “Use of the Web Platform service Room4Exchange.com ” as a registered User of said Platform fulfilling the required conditions. And will be based on acquiring the service, not in the effective use of it, so that the completion of that service does not give rise to any claim.
Roommates/roomies of a flat may offer services, such as: language training, guided tours, art classes, use of skills, or any other activity. These can be offered and advertised, with details of conditions or charges, without said activities having neither responsibility nor relation to any activity on the web Platform, in economic or legal terms.
In return for the Service, the User of R4E will compensate the corresponding amount to the quote indicated on the Platform or in the corresponding payment process.
The costs are appropriately calculated and converted into local currency and include Value Added Tax (VAT), without them having to be equivalent in value between currencies or global pricing strategies that prioritize currencies on an individual basis and without considering this method to be any form of discrimination.
The charge is automatically managed by means of the TPV system or of PayPal, having carried out the registration with the Users personal information such as bank account details. Incomplete or erroneous information will be considered as not having been sent and as such will not result in the effective use of the Service. Following the management and payment process the registered User will have access to the complete Service during the chosen or advertised time period.
In the event of making payment by bank card, it is possible that charges may apply, the likes of which R4E does not assume control or responsibility for. Because of this it is recommended that you contact your bank in order to inquire as to the charges before completing a payment to the Platform.
Payments cannot be cancelled and are non-refundable, the result of the existing contract prior to the end date of the Services, and/or each automatic renewal, does not give the User the right to reimbursement in part or in total. Changes that occur in respect to the payment should be reported to R4E for processing.
There may be launch campaigns or offers with changes being made promptly before release which will be communicated beforehand.
Services and their renewals are subject to the payment quotes advertised on the Platform at the time of purchase and/or renewal of the Service, with the existence of offers or promotions. The non-use of these offers by the User does not imply that a price is lower than that which was established.
The Conditions come into effect following the acceptance and compliance to the conditions, which occurs at the moment of registration and online purchase with the confirmation of payment or in the case of offers when it is considered with a correct profile for free or sponsored promotion.
By accepting the Conditions, you agree to receive commercial communications with promotions and offers, related to R4E and our associates with which we share communication agreements, and are able to unsubscribe from these services.
For the purposes of recommendation by the User, registered or not, to third parties for use of the web Platform, adding one or more e-mail addresses.
The information entered will be used to automatically send an e-mail to said potential Users of R4E. When supplying the e-mail address of your roommate/roomie, please confirm that they have authorized the use of their data and inform them of all requirements on their part before using the Platform.
In the invitation message that we send, we may identify the User who made the recommendation, together with data relevant to the User. You are able to unsubscribe from these services.
The User must be authorized with the rights to intellectual property of any photographs included in their advertisement including content relevant to the rest of the inhabitants of the Space, authorizing the Platform to use, reproduce, distribute and freely advertise said content by any means of promotion, principally the Internet. Such as personal pictures from your social profiles, pictures from the room or related the place you are interested to exchange . Your profile in R4E could be shared by other social platforms.
Content which is prohibited at the following levels: Nationally, European or Internationally. Regulating inappropriate content on the basis of: pornography, human dignity, common good, or which infringes on the protection of the consumer. It may be removed or modified partially or totally by R4E.
If any User detects any kind of anomaly they may contact email@example.com
R4E exempts itself of all responsibility relating to the permission and licensing of User publications.
R4E will share with other Users the data and/or information provided by any User who violates the legal requirements and Conditions of the site. And also in certain phases of browsing and areas of information as necessary. We will also share relevant data with authorities in the event that is required by them.
Only Users over the age of 18 may register.
During this phase your IP Address (Internet Protocol) may be requested in order to allow the automation of language translation and/or server optimization, in addition to information such as location, previous sessions and demographics. R4E automatically captures and stores information about the navigation and interaction of Users using the Platform, URL of the destination/source whether or not one is using the Platform, as well as browser and system operator.
The User agrees to appropriately use the contents and Services offered on the Platform
through the browsing and navigation processes. Any inappropriate use therein will result in automatic expulsion from R4E.
The Platform allows the registered User access to the option of advertising the Space they own such that it is added to the list of Spaces located all across the world which are exchanged by Users, whom initiate and manage communication between themselves using the tools which the Platform grants them access to. The Platform is accessed by registering and agreeing to the Conditions.
The house or Space which is advertised is the responsibility of the User who registers it. They may only offer Spaces on their on their profile. Likewise they should keep themselves aware of the costs of the accommodation or Space as well as the related Services (water, lighting, Wi-Fi...) at least for the entire duration of the exchange.
None of the parties will negotiate, demand or attempt to ask for additional money, the exchange is 100% free.
All exchanges are required to provide the following as minimum in order to be advertised:
-Private space with bed (please indicate the number of beds)
-Clean sheets, towels and pillows prepared for the invited.
-Access to a bath, toilet and shower with hot water.
-Free 24h access.
In the event that there is any unusual payment required (unrelated to rent or hidden costs), this must be communicated to the User.
The rest of the inhabitants of the house must be informed and agreed to any exchanges, as they may also be Users being able to offer their Services during the visitation.
It is mandatory to include in the User's profile and in the advertisement for the Space if there are any limitations of any kind to the use of said Space, such as potential unavailability of the kitchen, fridge, balcony, lounge, pools or other shared facilities.
If there is any kind of agreement amongst the community in terms of cleaning, special rules, etc. These must be indicated on the User's form or in the contract guide.
Access to the bedroom and house must be available 24 hours a day.
For better relations and in order to avoid disturbances, it is better not to invite unknown individuals without previously discussing this with the involved parties.
It may be possible that external facilities (pools, gyms, gardens, launderettes) have their own opening times which must be respected.
All facilities must be treated with respect, kept clean and in order.
The breach of any of the aforementioned points in addition to cancelling the exchange without informing all parties involved or cancellation without explanation constitute grounds for expulsion from the Platform.
Users must communicate and perform the following actions required when necessary (use of property as per the agreements, temporary transfers, temporary exchange of Spaces or other locations advertised on the Platform) or if they are regulated, to therefore refrain from carrying them out as it is expressly prohibited.
In any of the aforementioned events (in order to avoid the loss of rights/ services acquired by other means) it is required to contact any involved third parties and/or insurance companies, supply companies, property managers, community managers, individuals responsible for the Space, landlords, roommates of the flat or any other third party linked to the Space and in the event that it be necessary, whether due to having exceeded the agreed upon duration or due to it having been stipulated in the agreement by the owner, lessor, lessee, or any consumer profile that is collected according to regulations. In any event R4E will be excluded from any form of responsibility related to any action direct or indirect by the entities, societies, third parties or profiles mentioned previously.
The User must not infringe on any law or rule at a, local, state, provincial, European, national or international level in relation to the above-mentioned point.
The User will manage their own password, and the information relating to its use will be exclusive to their profile, making it impossible to share this with third parties. The service offers the option of editing the profile of the other inhabitants of the house, making the account holder responsible for its contents and we recommend that the same roommates edit it using the tools provided which permit limited access to the information which affects them (usually this includes languages, skills and abilities) and should fulfil the Conditions before any interaction.
Commercial relations exist directly between individuals, who are private citizens and of age. As such R4E may not be held responsible for any incidents or violations incurred by any User, registered or not.
In each exchange the Conditions are stipulated with mutual accord of the responsibility and obligations of the Users, with a thorough reading and understanding of the Conditions and rules of the web Platform to be carried out, the Users accepting and fulfilling any agreements, times, veracity of the Spaces and the description of the profile. R4E remains exempt from any incident arising between Users.
R4E strives to use the most precise automatic and/or manual tools possible for the verification of authenticity of identity or data of registered and un-registered Users as possible. It is neither required nor able to control the use of the Platform by the Users.
R4E is excluded from any responsibility relating to the lack of veracity, validity, completeness and/or authenticity of the information which Users share with other Users in regards to their Space or any images, content or material advertised on their profile.
All content and material which appears on the Platform is shared without total or partial guarantee of condition or exactitude. In the permitted legal action, we exclude all Conditions, guarantees and other similar terms which otherwise may be implied by law, common right or by equity such as the responsibility for any damage or loss, direct, indirect or developing incurred by any User in relation to the web Platform (personal or material accidents, carelessness, damage caused intentionally or otherwise, cancellations between Users, delays, or charges incurred for/related to transport).
-R4E is excluded from all harm or harm of any nature caused by the advertisements offered by Users of the Platform, the breach of any applicable legislation and, particularly:
-R4E is excluded from harm or harm caused by acts of unfair competition and illegal advertising.
-R4E is not responsible for the content provided by Users nor of values, opinions, records or forums on the Platform or its associates, and may withdraw these if they are considered offensive or inappropriate.
-R4E declines any responsibility derived from the improper use of passwords by third parties.
-R4E cannot confirm the absence of virus or malware and the consequences which may affect equipment or archives, for which R4E has no form of responsibility.
-R4E is excluded from any responsibility for death or personal injury occurring during the exchange period or during travel.
-R4E is not responsible for the malfunctioning of the server, internet or e-mail, chat or technical problems caused by internal or external maintenance tasks, and there is no guarantee of permanent availability of the web Platform or its Services, with no form of responsibility for damage or harm caused by such.
-R4E does not take any responsibility for theft, property damage or accidents, or any physical damage caused by users whether they are registered or not.
In the event of a cancellation, breach of contract or withdrawal on the behalf of any User, R4E is not responsible either directly or indirectly for incidents or hidden defects or for any economic transactions.
R4E may change, remove or correct the content of its appearance and presentation without previous warning.
The User is responsible for determining the identity and suitability of the Users with which they get in contact using the Platform or those who they allow to use the Space they have advertised. We will not be responsible for any damage or harm resulting from the interactions between Users.
To access our Platform and/or use our services is to accept that any legal liability arising from acts or omissions on behalf of the Users or third parties is limited to the claim against the User or third party who caused the harm, excluding R4E with the greatest amount of legal recognition.
The User, registered or not, will indemnify and hold harmless R4E (and all individuals who work and collaborate with the company Business Class Projects SL or who work as subsidiaries, agents, third parties, voluntary assistance or involuntary) before the responsibility, damage, loss, claim, cost, legal fees and assuming responsibility for costs owed to R4E.
R4E will not be held responsible for incidents or breaches of contract of Users before, during or following the use of services as it is a relationship between individuals and the exchange of Spaces advertised in each profile. Under the national, European or international standards that apply in each case:
Users attach their own conditions according to advice, good practice, rules, fulfilment of conditions with the use of the contract guide and in general with the message, advice, instructions that may be requested by our Platform for various means online or offline.
R4E recommends the reading and understanding of the spirit and intent of the web Platform. For any clarification or if noting anything suspicious please contact us at firstname.lastname@example.org or in the event of a breach of contract by other Users please remain polite and avoid causing hostility.
The User is obliged to state and correct any errors made on the advertisement of their profile through self-management or if necessary by sending an e-mail to email@example.com.
In order to access the benefits of the Portal is necessary to register. With the exception of promotional periods.
The User must not use the Portal and services with the goal of illegal or competitive acts as established in the Conditions, which impedes the proper functioning of the services or which affects the rights of third parties.
Users may not request, distribute nor copy graphics, images, photos or any kind of material which is offered by the web Platform, including archives not related to the service provided.
Users will not use computer programs, robots, manual or automatic means in order to access, extract, collect or analyse content or other services offered on the web Platform.
Users must comply to the Anti-Spam and Anti-Virus Policy, and refrain from performing any form of action not regulated in the browsing and navigation of services. Neither will they create false IP addresses, or falsify TCP/IP packets.
Users will not attack other Users on the Platform, nor offer services which are not related to the web Platform.
Users will not advertise Spaces for which the User and the individual responsible are not the same person, nor register with another name or identity.
Users will not use data from other Users nor contact or use said data for uses or services which are not those of the service.
Data will be particularly scrutinized and regulated in contact lists.
The User will be the only individual responsible for damages and harm arising as the result of not fulfilling the obligations accepted in our Terms and Conditions or in the laws that affect these. If any User is believes they are being abused they can contact us at firstname.lastname@example.org
The User agrees to fulfill the Conditions and related tasks, and declare that their use of the Services of R4E are not linked to any illegal activity or which undermines the image of R4E or third parties. The following material will be deleted: pornographic material, material which violates the laws for protection of minors, which injures or smears third parties, which is poor quality content, which violates the protection of private life or intentions outside the services described in the conditions.
The User must at all times behave responsibly and follow the principles of legality, honor, responsibility, protection of human dignity, protection of minors, protection of public order, protection of private life, protection of the consumer and the intellectual and industrial rights to property.
The responsibility of veracity and authenticity of data and information rests with the User or their roommates.
The User may not sell, transfer or give away their profile nor the rights to their profile.
In the event that there is a dispute between Users related to the services shared between themselves using the Platform and which they are unable to resolve, R4E will attempt to facilitate a possible solution to said dispute without assuming any obligation to end the dispute between them. Equally, they may choose to take such a dispute to an external system for resolution, whether through consumer arbitration or through the courts and tribunals as is their right.
Business Class Projects. SL is not responsible in any case for the lack of understanding between Users, even if they have attempted to assist in finding a solution to the dispute.
R4E may expel or refuse use, without any previous warning, the Users who do not comply to the following points:
The breach of any point in the drafted conditions.
When the content submitted is irrelevant, contradictory or there exists inactivity which is counterproductive to the web Platform.
Particularly highlighting and pursuing Users who:
Exact a charge for the Space they exchange.
Cancel the exchange and do not contact the other party with justification for the cancellation.
Sell or transfer their profile or the rights to said profile.
Are reported for negative behavior towards other Users.
Cause harm to other Users or the Platform according to our criteria, or who damage the image and reputation of the trademark or its domains, social networks or other affiliates.
If any User wishes to voluntarily leave the Platform they may do so from their profile page. This is followed by the cancellation of data which corresponds to their account, and removes the right to the return in part or in whole services hired.
In the event that a User breaches the terms of the Conditions or commits fraud, we may: remove access to Services, suspend the profile with the information and/or archives of the profile account. R4E reserves the right to delete, modify or block profiles or Spaces for exchange without previous warning under our conditions or the conditions of our subsidiaries
Content and graphic material are the property of R4E.
R4E is responsible for the management of the web Platform and/or its subsidiaries.
R4E does not give rights to third parties on its web Platform and/or its subsidiaries in reference to content, reproduction, distribution or design, without previous conact and express authorization.
The brand, logo and domains are registered trademarks and the property of R4E.
Procedure for communication of illegal activities:
In the event that any User wishes to denounce any inappropriate content or supposedly illegal activity they may contact us at email@example.com including their contact information and the complete details of the incident in question with the necessary information. R4E may pass the rights and/or obligations which are derived from the Conditions to another society, individual or jurisdiction for examination. In the event that any provision of the terms is declared fully or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part concerning it, still being applicable to the other terms.
It is completely prohibited to embed all or part of the Platform.
The content and personal opinions belonging to the bloggers, internal or external social media as well as advertisements are under the sole responsibility of their creators.
Procedure to notify R4E of illicit activities:
Any inappropriate content or illegal activity can be notified to firstname.lastname@example.org
User must provide contact information, complete details of the incidence or evidence related to the notification. In such case, R4E might transfer rights / obligations derived from the Conditions to another company, natural person or corporation
In those cases in which any clause from the Conditions might be declared totally or partially invalid or inoperative, that ruling will only affect that specific clause and the rest of Conditions will remain in force.
Spanish legislation will be applied to solve any legal issues arising or related to the web platform or its services.
The Terms and the relationship between you and R4E shall be governed by the laws of Spain without regard to its conflict of law provisions. You and R4E agree to submit to the personal and exclusive jurisdiction of the courts and laws located within Spain and subject to R4E legal location.
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