- General Terms
- Privacy policy
- Traveler Refund Policy
- Copyright Policy
- Payment Terms
- Partners Terms
- Deposit & Fees
Each tab on this page refers to a specific type of Terms of Service (collectively, “Terms”). If you see an undefined term in any of these tabs, it has the same definition as given in any of the other tabs.
1. Definitions.
Last Updated: May 31, 2021
Thank you for using Room For Rent Cuba!
These Terms of Service (“Terms”) are a binding legal agreement between you and Raidel Caballero Díaz, with spanish ID Y4914835W, from now on “Room For Rent Cuba”, and it governs the use of www.roomforrentcuba.com (“Our Website”) and other offerings by Room For Rent Cuba (collectively, the “Room For Rent Cuba Services”).
When used in this Terms, “Room For Rent Cuba”, “we”, “us”, or “our” refers to Raidel Caballero Díaz.
Room For Rent Cuba offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Partners” and Members who search for, book, or use services are “Travelers”. Partners offer accommodations (“Casas Particulares” or “Casas”), activities, excursions, and events (“Experiences”), and a variety of other services (collectively, “Partner Services”, and each Partner Service offering, a “Listing”).
You must register an account to access and use many features of Room For Rent Cuba Services, and must keep your account information accurate. As the provider of the Room For Rent Cuba Services, Room For Rent Cuba does not own, control, offer or manage any Listings or Partner Services. Room For Rent Cuba is not a party to the contracts concluded directly between Partners and Travelers, nor is Room For Rent Cuba a travel agent or insurer. Room For Rent Cuba is not acting as an agent in any capacity for any Member, except as specified in our Payment Terms (the “Payment Terms”).
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payment Terms, which govern any payment services provided to Members by Room For Rent Cuba.
2. Searching and Booking with Room For Rent Cuba.
2.1 Searching. You can search for Partner Services by using criteria like the type of Partner Service, destination, dates, and number of travelers. You can also use filters to refine your search results. Search results are based on their relevance to your search. Relevance considers factors like price, availability, amenities, Partner requirements (e.g. minimum or maximum nights), etc.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Room For Rent Cuba’s service fee (if there were any), offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Room For Rent Cuba may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Partner Services (sometimes called a reservation in these Terms) is formed directly between you and the Partner. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Partner. Be aware that some Partners work with as part of a team to provide their Partner Services.
2.3 Reservations for Casas. A Casa reservation is a limited license to enter, occupy, and use the whole Casa or some rooms of it. The Partner retains the right to re-enter the Casa during your stay, to the extent:
- it is reasonably necessary,
- permitted by your contract with the Partner, and
- consistent with applicable law.
If you stay past checkout, the Partner has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Travelers.
2.4 Reservations for Experiences and other Partner Services. An Experience or other Partner Service reservation entitles you to participate in, attend, or use that Partner Service. You are responsible for confirming that you, and anyone you book in behalf of, meet minimum age, proficiency, fitness, or other requirements.
You are responsible for informing the Partner of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Partner Service. Except where expressly authorized, you may not allow any person to join a Partner Service unless they are included as an additional Traveler during the booking process.
3. Your Responsibilities and Assumption of Risk.
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3.1 Your Responsibilities.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Casa, Experience or other Partner Service. For example, this means: (a) you are responsible for leaving a Casa (and related personal property) in the condition it was in when you arrived, and (b) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional traveler who is a minor or if you bring a minor to a Partner Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
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3.2 Your Assumption of Risk.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Room For Rent Cuba Services, including your stay at any Casa, participation in any Experience, use of any other Partner Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Partner Service to determine whether it is suitable for you. For example, Partner Services might carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Partner Services.
4. Payment Pre-Authorizations, Security Deposits and Booking Confirmations.
4.1 Pre-Authorizations. When you attempt to book a Partner Service using Room For Rent Cuba Services, on Checkout you send a reservation request to the Partner for the specified dates, number of travelers, and other specifications (the “Booking Request”). By doing so, you also give Room For Rent Cuba a payment pre-authorization for your Payment Method.
The Partner has 24 hours to approve or deny your Booking Request.
4.2 Security Deposit. If the Partner approves your Booking Request, we will charge your Payment Method with 10% of the Total Price (the “Security Deposit”). In general, the Security Deposit is non-refundable, except some special cases as stated in our Traveler Refund Policy. The remaining 90% of the Total Price, you pay directly to the Partner that provides the Service, on arrival.
4.2.1 Full Deposit Cases. In some cases the Security Deposit is 100% of the Total Price (“Full Deposit”), and it must be fully paid by the Traveler immediately after the Partner approves the Booking Request. Such cases will be explicit in the Listing’s description in Our Website. If you as a Traveler cancel an approved reservation that has a paid Full Deposit, you will be entitled up to a 90% refund.
4.3 Booking Confirmations. After the Partner has approved your Booking Request, and Room For Rent Cuba has successfully collected the Security Deposit from your Payment Method, the reservation will be confirmed (“Confirmed Booking”).
You will receive a confirmation email when you have a Confirmed Booking.
5. Termination and Suspension.
5.1 Term. The agreement between you and Room For Rent Cuba reflected by these Terms is effective when you access Room For Rent Cuba Services (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
5.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Room For Rent Cuba may terminate this agreement and your account for any reason, noticing you via email or using any other contact information you have provided for your account.
5.3 Effect of Termination. If you terminate your Room For Rent Cuba account as a Traveler, any confirmed booking(s) will be automatically cancelled and any Security Deposit will be non-refundable. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Room For Rent Cuba Services has been limited, or your Room For Rent Cuba account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Room For Rent Cuba Services through an account of another Member.
6. Governing Law and Dispute Resolution.
These Terms will be interpreted in accordance with the Kingdom of Spain law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of the Kingdom of Spain law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or a court in the Kingdom of Spain.
If Room For Rent Cuba wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the the Kingdom of Spain courts.
7. Modification.
Room For Rent Cuba may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on Our Website, in Terms and Conditions page and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Room For Rent Cuba Services will constitute acceptance of the revised Terms.
8. Miscellaneous.
8.1 Interpreting These Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the entire agreement between Room For Rent Cuba and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Room For Rent Cuba and you regarding the Room For Rent Cuba Services. 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.
8.2 No Waiver. Room For Rent Cuba’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.
8.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Room For Rent Cuba’s prior written consent. Room For Rent Cuba may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with one (1) month prior notice.
8.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Room For Rent Cuba via email, messages services or Our Website. The date of receipt will be deemed the date on which Room For Rent Cuba transmits the notice.
8.5 Language. This agreement is concluded in the language as applied by the Terms and all communication undertaken during this contractual relationship shall be made in that language or in english.
9. Additional Clauses for Users that are Businesses.
The following paragraphs also apply if you are using the Room For Rent Cuba Services to book Partner Services as a representative (“Representative”) acting on behalf of a business, company or other legal entity (in such event, for purposes of the Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
You accept the Terms and you will be responsible for any act or omission of employees or Third Party agents using the Room For Rent Cuba Service on your behalf.
You and your Representative individually affirm that you are authorized to provide information to Room For Rent Cuba and your Representative has the authority to bind you to these Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
You represent and warrant to us that:
- you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Room For Rent Cuba Services; and
- you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
If you are using your Payment Method for the benefit of your employees or other authorized Third Party in connection with Room For Rent Cuba, you authorize Room For Rent Cuba to charge your Payment Method for bookings requested by employees at your company or other permitted Third Parties.
For any Payment Method linked to your Room For Rent Cuba account, you authorize Room For Rent Cuba to store the Payment Method, collect payments using the Payment Method for bookings associated with your Room For Rent Cuba account and take any other action as permitted in the Terms in respect of the Payment Method.
10. Disclaimers
For example:
- We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Traveler, Partner, Partner Service, Listing or third party;
- We do not warrant the performance or non-interruption of the Room For Rent Cuba Services; and
- We do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or Room For Rent Cuba has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
10.2 Member Accounts. You must register an account to access and use many features of Room For Rent Cuba Services. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Room For Rent Cuba if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to ask you to provide identification or other information, and to undertake checks designed to help verify your identity.
10.3 Room For Rent Cuba’s Role. We offer a platform that enables Members to publish, offer, search for, and book Partner Services. While we work hard to ensure our Members have great experiences using Room For Rent Cuba Services, we do not and cannot control the conduct of Travelers and Partners. You acknowledge that Room For Rent Cuba has the right, but does not have any obligation, to monitor the use of the Room For Rent Cuba Services and verify information provided by our Members.
For example, we may review, disable access to, remove, or edit Content to:
- operate, secure and improve the Room For Rent Cuba Services (including for fraud prevention, risk assessment, investigation and customer support purposes);
- ensure Members’ compliance with these Terms;
- comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
- address Content that we determine is harmful or objectionable;
- take actions set out in these Terms; and
- maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria.
Members acknowledge and agree that Room For Rent Cuba administers its Policies and Standards (such as basic requirements for Partners), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Room For Rent Cuba in good faith, and to provide Room For Rent Cuba with such information and take such actions as may be reasonably requested by Room For Rent Cuba with respect to any investigation undertaken by Room For Rent Cuba regarding the use or abuse of the Room For Rent Cuba Services.
Room For Rent Cuba is not acting as an agent for any Member except for where Room For Rent Cuba acts as a collection agent as provided in the Payments Terms.
11. Limitations of Liability
Neither Room For Rent Cuba (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Room For Rent Cuba Services or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with
- these Terms,
- the use of or inability to use the Room For Rent Cuba Services or any Content,
- any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Room For Rent Cuba Services, or
- publishing or booking of a Listing, including the provision or use of Partner Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Room For Rent Cuba has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Partners under these Terms, in no event will Room For Rent Cuba’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Room For Rent Cuba Services, any Content, or any Partner Service, exceed:
- to Travelers, the amount you paid as a Traveler during the 3-month period prior to the event giving rise to the liability,
- to Partners, the amount paid to you as a Partner in the 3-month period prior to the event giving rise to the liability, or
- to anyone else, ten U.S. dollars (US$10).
These limitations of liability and damages are fundamental elements of the agreement between you and Room For Rent Cuba. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
12. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Room For Rent Cuba’s option), indemnify, and hold Room For Rent Cuba (including our affiliates, and our personnel) 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
- your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards,
- your improper use of the Room For Rent Cuba Services,
- your interaction with any Member, stay at a Casa, participation in an Experience or other Partner Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use,
- your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or
- your breach of any laws, regulations or Third Party rights such as intellectual property or privacy rights.
13. Assignment.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Room For Rent Cuba’s prior written consent. Room For Rent Cuba may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 7 days prior notice.
14. Force Majeure.
Room For Rent Cuba shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Last Updated: May 31, 2021
This Privacy Policy describes how Raidel Caballero Diaz and its affiliates (“we”, “us”, or “Room For Rent Cuba”), process personal information that we collect through the Room For Rent Cuba Services.
1. Definitions.
Undefined terms in this Privacy Policy have the same definition as in our Terms of Service (“Terms”).
2. Personal Information We Collect.
2.1 Information needed to use the Room For Rent Cuba Services. We collect personal information about you when you use the Room For Rent Cuba Services. Without it, we may not be able to provide you with all services requested. This information includes
- Contact Information, Account, Profile Information: Such as your first name, last name, phone number, postal address, email address, date of birth, and profile photo, some of which will depend on the features you use.
- Identity Verification and Payment Information: Such as images of your government issued ID (as permitted by applicable laws), your ID number or other verification information, bank account or payment account information.
2.2 Information you choose to give us. You can choose to provide us with additional personal information. This information may include
- Additional Profile Information: Such as gender, preferred language(s), city, and personal description. Some of this information as indicated in your account settings is part of your public profile page and will be publicly visible.
- Other Information: Such as when you fill in a form, add information to your account, respond to surveys, post to community forums, participate in promotions, communicate to us or to other Members, or share your experience with us. This may include health information if you choose to share it with us.
2.3 Information Automatically Collected by Using the Room For Rent Cuba Services. When you use the Room For Rent Cuba Services and Our Website, we automatically collect personal information. This information may include
- Geo-location Information: Such as precise or approximate location determined from your IP address or mobile device’s GPS depending on your device settings.
- Usage Information: Such as the pages or content you view, searches for Listings, bookings you have made, and other actions on Our Website.
- Log Data and Device Information: Such as details about how you’ve used Our Website (including if you clicked on links to Third Party websites), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using Our Website. We may collect this information even if you haven’t created a Room For Rent Cuba account or logged in.
- Cookies and Similar Technologies: as described in our Cookie Policy.
- Payment Transaction Information: Such as payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, IBAN information, your address and other related transaction details.
3. How We Use Information We Collect.
3.1 Provide, Improve, and Develop the Room For Rent Cuba Services. We use personal information to:
- enable you to access Our Website and make and receive payments,
- if you are a Partner, to create Listings on your behalf in Third Party websites,
- enable you to communicate with other Members,
- perform analytics, debug and conduct research,
- provide customer service,
- send you messages, updates, security alerts, and account notifications,
- personalize and customize your experience based on your interactions with the Room For Rent Cuba Services, your search and booking history, your profile information and preferences, and other content you submit, and
- enable your use of our products.
3.2 Create and Maintain a Trusted and Safer Environment. We use personal information to:
- detect and prevent fraud, spam, abuse, security and safety incidents, and other harmful activity,
- study and combat discrimination based on race, color, ethnicity, origin, religion, sexual orientation, gender identity, or marital status,
- conduct security investigations and risk assessments,
- verify or authenticate information provided by you,
- comply with our legal obligations, protect the health and well-being of our Travelers, Partners, Partners employees and team members, and public in general,
- resolve disputes with or between our Members,
- enforce our agreements with third parties,
- comply with law, respond to legal requests, prevent harm and protect our rights, and
- enforce our Terms and Conditions.
3.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing. We may use personal information to:
- send you promotional messages, marketing, advertising, and other information based on your preferences and social media,
- advertising through social media platforms,
- personalize, measure, and improve our advertising,
- administer referral programs, rewards, surveys, contests, or other promotional activities or events sponsored or managed by Room For Rent Cuba or its Partners,
- analyze characteristics and preferences to send you promotional messages, marketing, advertising and other information that we think might be of interest to you, and
- invite you to events and relevant opportunities.
3.4 Provide Payment services. Personal information is used to enable or authorize Third Parties to use Payment Services:
- detect and prevent money laundering, fraud, abuse, security incidents,
- conduct security investigations and risk assessments,
- comply with legal obligations (such as anti-money laundering regulations),
- enforce the Payment Terms and other payment policies,
- with your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences, and
- provide and improve the Payment Services.
4. Sharing & Disclosure.
4.1 Sharing With Your Consent or at Your Direction. Where you provide consent, we share your information as described at the time of consent, such as when authorizing a Third Party application or website to access your Room For Rent Cuba account or participating in promotional activities by Room For Rent Cuba or third parties.
Where permissible with applicable law, we may use certain information about you, such as your email address, de-identify it, and share it with social media platforms, to generate leads, drive traffic to Our Website or otherwise promote our products and services in Our Website and in Third Party websites.
4.2 Sharing Between Members. To help facilitate reservationss or other interactions between Members, we may need to share certain information such as:
- When a booking request is made or dispute is submitted, certain information may be shared between Traveler(s) and Partner(s), including profile, name, names of any additional Travelers, cancellation history, review information, age of Traveler (unless prohibited by applicable law), dispute outcome (when applicable) and other information you choose to share and submit. When a booking is confirmed, additional information is shared to assist with coordinating the trip, like profile photo and phone number. When you as a Partner have a confirmed booking, certain information is shared with the Traveler (and the additional Travelers associated to the reservation, if applicable) to coordinate the booking, such as your profile, full name, phone number, and Listing location.
- When you as a Traveler invite additional Travelers to a booking, your full name, travel dates, Partner name, Listing details, the Partner Service location, and other related information will be shared with each additional Traveler.
4.3 Information You Provide Us to Publish in Profiles, Listings, and other Public Information. We can make certain information publicly visible to others, in Our Website and provide it to Third Party websites, by creating Listings on Third Party websites of our Partner Services, such as:
- Your public profile page, which includes your profile photo, first name, description, and city.
- Listing pages that include information such as the Casa, Experience or other Partner Service’s approximate or precise location, description, calendar availability, profile photo, aggregated demand information (like page views over a period of time), and additional information you choose to allow us to share.
- Reviews, ratings and other public feedback.
- Content in a community or discussion forum, blog or social media channel or post, such as the Facebook Page and Youtube Channel of Room For Rent Cuba.
We may display parts of your public profile and other Content you authorize us to make available to the public like Listing details on Third Party websites, platforms and apps, and in printed or virtual catalogues.
Information you allow us to share publicly on Our Website or on Third Party websites may be indexed through Third Party search engines.
4.4 Complying with Law, Responding to Legal Requests, Preventing Harm and Protecting our Rights. We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, or authorized Third Parties, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary:
- to comply with our legal obligations,
- to comply with a valid legal request or to respond to claims asserted against Room For Rent Cuba,
- to respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our Members to legal or regulatory liability,
- to enforce and administer our agreements with Members, or
- to protect the rights, property or personal safety of Room For Rent Cuba, its employees, its Members, or the public in general.
Where appropriate, we may notify Members about legal requests unless:
- providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or
- we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to Room For Rent Cuba, our Members, or expose Room For Rent Cuba to a claim of obstruction of justice.
- We may retain your personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend a Room For Rent Cuba account for fraud or safety reasons, we may retain information from that Room For Rent Cuba account to prevent that Member from opening a new Room For Rent Cuba account in the future.
- We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Room For Rent Cuba may keep information for tax, legal reporting and auditing obligations.
- Information you have shared with others (e.g., Reviews, forum postings) will continue to be publicly visible on Room For Rent Cuba, even after your Room For Rent Cuba account is cancelled. However, attribution of such information to you will be removed. Some copies of your information (e.g., log records) will remain in our database, but are disassociated from personal identifiers.
- Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
- By letter: Avenida Manuel Mena Palma, 4. Edificio Maite III, 319. 29630 Benalmadena, Malaga, Spain.
- By Email: rcaballero@yandex.com
- Mobile: +34 623 103821
4.5 Third Party websites and catalogues. If you are a Partner, we share your personal information with third party websites like, for example, Online Travel Agencies by creating Listings on such platforms of your Partner Services, and with Offline Travel Agencies as printed or virtual catalogues. These Third Parties are contractually bound to protect your personal information and have access to your personal information to book your Partner Services in behalf of Travelers.
4.6 Business Transfers. If Room For Rent Cuba undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.
5. Your Rights.
You can exercise any of the rights described in this section consistent with applicable law. You can submit a request by Our Website’s contact form or by email. Please note that we may ask you to verify your identity before taking further action on your request.
5.1 Managing Your Information. You can access and update some of your personal information through your Account settings. You are responsible for keeping your personal information up to date.
5.2 Data Access and Portability. In some jurisdictions, applicable law may entitle you to request certain copies of your personal information or information about how we handle your personal information, request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format, and/or request that we transmit this information to another service provider (where technically feasible).
5.3 Data Erasure. In certain jurisdictions, you can request that your personal information be deleted. Please note that if you request the erasure of your personal information:
6. Security.
While no organization can guarantee perfect security, we are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration.
7. Changes To This Privacy Policy.
We reserve the right to modify this Privacy Policy at any time in accordance with applicable law. If we do so, we will post the revised Privacy Policy and update the “Last Updated” date at the top. In case of material changes, we will also provide you with notice of the modification by email at least thirty (30) days before the effective date. If you disagree with the revised Privacy Policy, you can cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Airbnb Platform will be subject to the revised Privacy Policy.
8. Contact Information.
For questions or complaints about this Privacy Policy or Room For Rent Cuba’s handling of personal information contact Raidel Caballero Diaz:
Last Updated: May 31, 2021
Cancellations and Refunds: In general, if as a Traveler you cancel a reservation, your 10% deposit is considered non-refundable. However, in certain situations, exceptions can be made. For example: If something outside your control forces you to cancel a reservation, you may be eligible for a partial or full refund. These circumstances will be evaluated by Room For Rent Cuba, who will have the power to decide if the refund exception must be made.
If the Partner cancels, you may be eligible for rebooking assistance or a partial or full refund.
Booking Modifications: Travelers and Partners are responsible for any booking modifications they agree to make directly or through Room For Rent Cuba Services (“Booking Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
Last Updated: May 31, 2021
Notification of Copyright Infringement
Raidel Caballero Diaz (“Room For Rent Cuba”) respects the intellectual property rights of others and expects its Members to do the same.
It is Room For Rent Cuba’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of Members who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the European Union Copyright Law and other international laws, Room For Rent Cuba will respond expeditiously to claims of copyright infringement committed using Room For Rent Cuba Services that are reported to Room For Rent Cuba’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through www.roomforrentcuba.com (“Our Website”) by contacting us with a Notice of Alleged Infringement and delivering it to Room For Rent Cuba’s Designated Copyright Agent. Upon receipt of the Notice as described below, Room For Rent Cuba will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from Our Website.
Notice of Alleged Copyright Infringement (“Notice”). Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on Our Website where such material may be found.
Provide your mailing address, telephone number and email address.
Include both of the statements in the body of the Notice:
– “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
– “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Room For Rent Cuba’s Designated Copyright Agent, through Our Website’s Contact Form, or through the following:
Copyright Agent
at Room For Rent Cuba.
Avenida Manuel Mena Palma, 4
Edificio Maite III, 319.
Benalmadena, Malaga, Spain, 29630
rcaballero@yandex.com
Last Updated: May 31, 2021
These Payments Terms of Service (“Payments Terms”) are a binding legal agreement between you and Room For Rent Cuba that govern the Room For Rent Cuba Payments Services (defined below) conducted through or in connection with the Room For Rent Cuba Services. When these Payments Terms mention “Room For Rent Cuba Payment Services”, “we”, “us” or “our”, it refers to Raidel Caballero Diaz (“Room For Rent Cuba”).
Room For Rent Cuba provides payments services to Members publishing, offering and booking Casas, Experiences or other Partner Services, including other current and future services provided via www.roomforrentcuba.com (“Our Website”) or any Third Party Company, such as but not limited to: Online and Offline Travel Agencies (collectivelly, “Third Parties”).
These payment services may include (if available) the following (collectively, “Payment Services”):
- Collecting payments from Travelers (“Payin” ), by charging the payment method associated with their Room For Rent Cuba account, such as credit card, debit card, bank account, or other payment services (“Payment Method”);
- collecting payments form Travelers through Third Parties associated with the booking of Partner Services (“Payin” ), via bank account, direct deposit, or other payment services;
- effecting payments to Partners (“Payout”) to an available method chosen by them, such as a bank account, direct deposit, a prepaid card, a debit card, or other payment services (“Payout Method”);
- effecting payments to a Third Party Payout Method designated by a Partner;
- collection and payment of charitable donations;
- payment collection services; and
- other payment related services in connection with Partner Services.
In order to use the Payment Services, you must be at least 18 years old, must have a Room For Rent Cuba account in good standing in accordance with the Room For Rent Cuba Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
1. Your use of Room For Rent Cuba Services.
1.1 Room For Rent Cuba Payment Services. By using Room For Rent Cuba Services, you agree to comply with these Payment Terms. Room For Rent Cuba may temporarily limit or suspend your access to or use of the Room For Rent Cuba Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Room For Rent Cuba Services. Room For Rent Cuba may improve, enhance and modify the Room For Rent Cuba Services and introduce new Room For Rent Cuba Services from time to time. Room For Rent Cuba will provide notice to Members of any changes to the Room For Rent Cuba Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to Third Party websites or resources and use Third Party Services (“Third Parties”). Such Third Parties are subject to different terms of service and privacy policies, and Members should review them. Room For Rent Cuba is not responsible or liable for the use of such Third Parties. Links to any Third Parties are not an endorsement by Room For Rent Cuba of those Third Parties.
1.3 Third Party Terms. Your access to or use of certain Room For Rent Cuba Services may be subject to, or require you to accept, Third Parties terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Third Party, the latter terms and conditions will take precedence with respect to your use of or access to that Third Party, unless specified otherwise.
1.4 Verification. You authorize Room For Rent Cuba, directly or through Third Parties, to make any inquiries we consider necessary to verify your identity.
This may include
- screening you against Third Parties databases or other sources,
- requesting reports from service providers,
- asking you to provide a form of government identification (e.g., ID card or passport), your date of birth, your address, and other information; or
- requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s).
2. Traveler Payment Terms.
2.1 Adding a Payment Method. When you add a Payment Method to your Room For Rent Cuba account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Room For Rent Cuba or to Third Party Payment Processor(s).
You authorize Room For Rent Cuba and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, Room For Rent Cuba may verify the Payment Method by
- authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or
- requiring you to upload a billing statement.
We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Room For Rent Cuba account so it can be used for a future transaction. You can remove the Payment Method from your Room For Rent Cuba account as long as it is not associated with a pending reservation or payment.
2.3 Payment Authorization. You allow Room For Rent Cuba to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Room For Rent Cuba account.
2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on our files.
2.5 Timing of Payment. Room For Rent Cuba generally charges the Deposit after the Partner accepts your reservation request. The Deposit is generally 10% of the Total Price. However, it might occur that the deposit for an specific listing is 100% of the Total Price, in which case we will charge the Total Price amount to your Payment Method right after the Partner accepts your reservation request. In every case information about the required Security Deposit of every specific Partner Service will be explicit in each Listing Details Page in Our Website.
If Room For Rent Cuba is unable to collect the Total Price due, as scheduled, Room For Rent Cuba will collect the Total Price due at a later point.
Once the payment for your requested booking is successfully completed, your booking will be confirmed and you will receive a confirmation email.
2.6 Currency. Room For Rent Cuba will process each transaction in the currency you select in Our Website. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, etc. Any such limitations will be communicated via Our Website, and you will be prompted to select a different currency or Payment Method. Note that your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Room For Rent Cuba is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
2.7 Booking Request Status. If a requested booking is declined either because it is not accepted by the Partner or you cancel the booking request before it is accepted by the Partner, any amounts collected by Room For Rent Cuba will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
2.8 Payment Restrictions. Room For Rent Cuba reserves the right to decline or limit payments that we believe
- may violate Room For Rent Cuba Terms and Conditions, policies or procedures,
- may violate these Payments Terms or the Terms,
- are unauthorized, fraudulent or illegal; or
- expose you, Room For Rent Cuba, or others to risks unacceptable to Room For Rent Cuba.
2.9 Payment Service Providers. Payment Methods may involve the use of Third Party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Room For Rent Cuba is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility. Room For Rent Cuba is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
3. Partner Payment Terms
3.1 Payment Collection. Room For Rent Cuba generally collects from the Traveler in behalf of the Partner a Security Deposit of 10% of the Total Price of a booking at the time the Traveler’s booking request is accepted by the Partner, unless noted otherwise.
3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Room For Rent Cuba account. When you add a Payout Method to your Room For Rent Cuba account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Room For Rent Cuba or its Third Party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize Room For Rent Cuba to share your information with the payment processor, as long as it’s necessary for you to receive your payments. You authorize Room For Rent Cuba to collect and store your billing information and financial instrument information. Room For Rent Cuba may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout. Subject to and conditional upon successful receipt of the payments from the Traveler, either directly or through a Third Party, Room For Rent Cuba will generally initiate Payouts to your selected Payout Method:
- for Casas, 24 hours after the Travelers’s scheduled check-in time;
- for Experiences, 24 hours after the start of the Experience; and
- for all other Partner Services, 24 hours after the full execution of the service or sale.
The time it takes to receive Payouts once released by Room For Rent Cuba may depend upon the Payout Method you select.
3.4 Different Payout Terms. Room For Rent Cuba may offer you a different Payout time or trigger for payment, which may be subject to additional conditions, like, for example, a payout minimum threshold.
3.5 Payout. Your Payout for a booking will be the Total Price less applicable fees like Room For Rent Cuba service fee and applicable taxes (if any).
3.6 Payout Restrictions. Room For Rent Cuba may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, Room For Rent Cuba may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event.
3.7 Currency Conversion. In general, Room For Rent Cuba will remit your Payouts in the United States Dollars (USD). In
case your country of residence is other than Cuba, Room For Rent Cuba will remit your Payouts in the currency you select via the Room For Rent Cuba Services. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method and your country of residence. Any such limitations will be communicated via the Room For Rent Cuba Services, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and Room For Rent Cuba is not responsible for any such fees and disclaims all liability in this regard.
3.8 Limits on Payouts. For compliance or operational reasons, Room For Rent Cuba may limit the amount of a Payout. If you are due an amount above that limit, Room For Rent Cuba may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.9 Payment Service Providers. Payout Methods may involve the use of Third Party payment service providers. These service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Room For Rent Cuba is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.
3.10 Your Payout Method, Your Responsibility. Room For Rent Cuba is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4. Appointment of Room For Rent Cuba as Limited Payment Collection Agent.
Each Partner, including each Partner Team member, hereby appoints Room For Rent Cuba as the Partner’s payment collection agent solely for the limited purpose of accepting and processing funds from Travelers purchasing Partners Services on the Partner’s behalf.
Payments may be collected by Room For Rent Cuba from the Traveler through Our Website or Third Party platforms.
Each Partner, including each Partner Team member, agrees that payment made by a Traveler through Room For Rent Cuba Services, shall be considered the same as a payment made directly to the Partner, and the Partner will provide the Partner Service booked by the Traveler in the agreed-upon manner as if the Partner has received the payment directly from the Traveler. Each Partner agrees that Room For Rent Cuba may refund the Traveler in accordance with the Terms.
Each Partner understands that Room For Rent Cuba’s obligation to pay the Partner is subject to and conditional upon successful receipt of the associated payments from the Traveler, or from involved Third Parties. Room For Rent Cuba guarantees payments to Partner(s) only for such amounts that have been successfully received by Room For Rent Cuba from Travelers in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Partner, Room For Rent Cuba assumes no liability for any acts or omissions of the Partner.
Each Traveler acknowledges and agrees that, notwithstanding the fact that Room For Rent Cuba is not a party to the agreement between Traveler and Partner(s), or between Partner(s) and Third Parties, including each Partner Team member, Room For Rent Cuba acts as each Partner’s payment collection agent for the limited purpose of accepting payments from the Traveler on behalf of the Partner(s), directly or through any Third Party.
Upon a Traveler’s payment of the funds to Room For Rent Cuba or to any Third Party associated with the reservation, the Traveler’s payment obligation to the Partner(s) for the agreed upon amount is extinguished, and Room For Rent Cuba is responsible for remitting the funds successfully received by Room For Rent Cuba to the Partner(s) in the manner described in these Payments Terms.
In the event that Room For Rent Cuba received the payment from the Traveler or a Third Party, and Room For Rent Cuba does not remit any such amounts, the Partner(s) will have recourse only against Room For Rent Cuba and not the Traveler directly, or the Third Party associated with the booking.
5. General Payment Terms.
5.1 Fees. Room For Rent Cuba may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members in the Terms or via Our Website.
5.2 Payment Authorizations. You authorize Room For Rent Cuba to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either
- charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Room For Rent Cuba account (unless you have previously removed the authorization to charge such Payment Method(s)), or
- by withholding the amount from your future Payout.
Specifically, you authorize Room For Rent Cuba to collect from you:
- Any amount due to Room For Rent Cuba (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Traveler, Partner or user of the Room For Rent Cuba Services), including reimbursement for costs prepaid by Room For Rent Cuba on your behalf. Any funds collected by Room For Rent Cuba will set off the amount owed by you to Room For Rent Cuba and extinguish your obligation to Room For Rent Cuba.
- Any amount due to a Partner from a Traveler which Room For Rent Cuba collects as the Partner’s payment collection agent as further set out above.
- Taxes, where applicable and as set out in the Terms.
- Any amount you pay through the Room For Rent Cuba Services in connection with your Room For Rent Cuba account.
- Any service fees or cancellation fees imposed by Third Parties Terms (e.g., if, as a Partner, you cancel a confirmed booking on a Listing created by Room For Rent Cuba on your behalf in Airbnb Platform, or any other penalty contemplated in other Third Party Terms).
- Any amounts already paid to you as a Partner despite a Traveler cancelling a confirmed booking or Room For Rent Cuba deciding that it is necessary to cancel a booking in accordance with the Terms, or other applicable cancellation policy. You agree that in the event you have already been paid, Room For Rent Cuba will be entitled to recover the amount of any such Traveler refund from you, including by subtracting such refund amount out from any future Payouts due to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Room For Rent Cuba collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other Third Party charges.
6. Collections.
If Room For Rent Cuba is unable to collect any amounts you owe under these Payments Terms, Room For Rent Cuba may engage in collection efforts to recover such amounts from you.
Room For Rent Cuba will deem any owed amounts overdue when:
- for authorized charges, thirty (30) days have elapsed after Room For Rent Cuba first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and
- for withholdings from a Partner’s future Payouts, thirty (30) days have elapsed after the adjustment is made to the Partner’s Room For Rent Cuba account or the associated services have been provided, whichever is later.
Room For Rent Cuba will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed:
- for authorized charges, after Room For Rent Cuba’s first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and
- for withholdings from a Partner’s future Payouts, after the adjustment is made to the Partner’s Room For Rent Cuba account or the associated services have been provided, whichever is later.
You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Room For Rent Cuba by you. Such communications may be made by Room For Rent Cuba, or by anyone on their behalf, including but not limited to a Third Party collection agent.
7. Payment Processing Errors.
Room For Rent Cuba will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount.
This may be performed by Room For Rent Cuba or a Third Party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
To the extent you receive any funds in error, you agree to immediately return such funds to Room For Rent Cuba.
8. Refunds.
Any refunds or credits due to a Member pursuant to the Terms, will be initiated and remitted by Room For Rent Cuba in accordance with these Payments Terms.
Room For Rent Cuba will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules.
In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Room For Rent Cuba will initiate and process the refund as soon as is practicable.
9. Abandoned Property.
If Room For Rent Cuba holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
10. Prohibited Activities.
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Room For Rent Cuba Services. In connection with your use of the Room For Rent Cuba Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations;
- breach or circumvent any agreements with Third Parties, Third Party rights, or their Terms, Policies, or Standards;
- use Room For Rent Cuba Services for any commercial or other purposes that are not expressly permitted by the Terms;
- register or use any Payment Method or Payout Method with your Room For Rent Cuba account that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Room For Rent Cuba or any of Room For Rent Cuba’s providers or any other Third Party to protect the Room For Rent Cuba Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Room For Rent Cuba Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Room For Rent Cuba Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
11. Force Majeure.
Room For Rent Cuba shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Room For Rent Cuba, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
12. Disclaimers.
If you choose to use the Room For Rent Cuba Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Room For Rent Cuba Services are provided “as is”, without warranty of any kind, either express or implied.
Notwithstanding Room For Rent Cuba’s appointment as the limited payment collection agent of Partners as stated above, Room For Rent Cuba explicitly disclaims all liability for any act or omission of any Member or other Third Party. Room For Rent Cuba does not have any duties or obligations as agent for each Partner except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
13. Liability.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Room For Rent Cuba Services remains with you. If you permit or authorize another person to use your Room For Rent Cuba account in any way, you are responsible for the actions taken by that person. Neither Room For Rent Cuba nor any other party involved in creating, producing, or delivering the Room For Rent Cuba Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with
- these Payments Terms,
- from the use of or inability to use the Room For Rent Cuba Services, or
- from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Room For Rent Cuba Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Room For Rent Cuba has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Partners pursuant to these Payments Terms, in no event will Room For Rent Cuba’s aggregate liability arising out of or in connection with these Payments Terms and your use of the Room For Rent Cuba Services including, but not limited to, from your use of or inability to use the Room For Rent Cuba Services, exceed
- the amounts you have paid or owe for bookings via the Room For Rent Cuba Services as a Traveler in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Partner, the amounts paid by Room For Rent Cuba to you in the twelve (12) month period prior to the event giving rise to the liability, or
- ten U.S. dollars (US$10), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Room For Rent Cuba and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
14. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Room For Rent Cuba’s option), indemnify, and hold Room For Rent Cuba and its affiliates and subsidiaries, and their officers, directors, employees, and agents, 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
- your breach of these Payments Terms;
- your improper use of the Room For Rent Cuba Services;
- your failure, or our failure at your direction, to accurately report, collect or remit taxes; or
- your breach of any laws, regulations, or Third Party rights.
15. Modification, Term, Termination, and other Measures.
15.1 Modification. Except as otherwise required by applicable law, Room For Rent Cuba may modify these Payments Terms at any time. If we make material changes to these Payments Terms, we will post the revised Payments Terms on Our Website and update the “Last Updated” date at the top of the Terms of Services tab. If you are affected by the modification, we will also provide you with notice of the modification at least one (1) month before the date they become effective. If you do not terminate your agreement before the date the revised Payments Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
15.2 Term. This agreement between you and Room For Rent Cuba reflected by these Payments Terms is effective when you create a Room For Rent Cuba account or use the Room For Rent Cuba Services and remains in effect until either you or we terminate this agreement in accordance with section below.
15.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Room For Rent Cuba account. Terminating this agreement will also serve as notice to cancel your Room For Rent Cuba account pursuant to the Terms.
Without limiting our rights specified below, Room For Rent Cuba may terminate this agreement for convenience at any time by giving you one (1) month prior notice.
Room For Rent Cuba may also terminate this agreement immediately without notice if:
- you have materially breached your obligations under this agreement;
- you have provided inaccurate, fraudulent, outdated, or incomplete information;
- you have violated applicable laws, regulations, or Third Party rights; or
- Room For Rent Cuba believes in good faith that such action is reasonably necessary to protect other Members, Room For Rent Cuba, or Third Parties.
15.4 Suspension and Other Measures. Room For Rent Cuba may limit or temporarily or permanently suspend your use of or access to the Room For Rent Cuba Services
- to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body,
- if you have breached these Payments Terms, the Terms, applicable laws, regulations or Third Party rights,
- if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method,
- for any amounts you owe under these Payments Term that are overdue or in default, or
- if Room For Rent Cuba believes in good faith that such action is reasonably necessary to protect the personal safety or property of Room For Rent Cuba, its Members, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Room For Rent Cuba Services until we can charge a valid Payment Method.
15.5 Appeal. If Room For Rent Cuba takes any of the measures described above you may appeal such a decision by contacting us via email, phone or through Our Website.
15.6 Effect of Termination. If you cancel your Room For Rent Cuba account as a Partner or Room For Rent Cuba takes any of the measures described above, Room For Rent Cuba may provide a full refund to any Travelers with confirmed booking(s) through our website or any Third Parties, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Room For Rent Cuba account as a Traveler, Room For Rent Cuba will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Room For Rent Cuba account or attempt to access and use the Room For Rent Cuba Services through a Room For Rent Cuba account of another Member.
16. Governing Law and Dispute Resolution.
These Payments Terms will be interpreted in accordance with the Kingdom of Spain law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of the Kingdom of Spain law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in the Kingdom of Spain.
If Room For Rent Cuba wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the the Kingdom of Spain courts.
17. Miscellaneous.
17.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Room For Rent Cuba and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Room For Rent Cuba and you regarding the Room For Rent Cuba Services. If any provision of these Payments 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.
17.2 No Waiver. Room For Rent Cuba’s failure to enforce any right or provision in these Payments 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 Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
17.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Room For Rent Cuba’s prior written consent. Room For Rent Cuba may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with one (1) month prior notice.
17.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Room For Rent Cuba via email, messages services or Our Website. The date of receipt will be deemed the date on which Room For Rent Cuba transmits the notice.
17.5 Language. This agreement is concluded in the language as applied by the Terms and all communication undertaken during this contractual relationship shall be made in that language or in english.
18. Additional Clauses for Users that are Businesses.
The following paragraphs also apply if you are using the Room For Rent Cuba Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
You accept the Payments Terms and you will be responsible for any act or omission of employees or Third Party agents using the Room For Rent Cuba Service on your behalf.
You and your Representative individually affirm that you are authorized to provide information to Room For Rent Cuba and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
You represent and warrant to us that:
- you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Room For Rent Cuba Services; and
- you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
If you are using your Payment Method for the benefit of your employees or other authorized Third Party in connection with Room For Rent Cuba, you authorize Room For Rent Cuba to charge your Payment Method for bookings requested by employees at your company or other permitted Third Parties.
For any Payout Method linked to your Room For Rent Cuba account, you authorize Room For Rent Cuba to store the Payout Method, remit payments using the Payout Method for bookings associated with your Room For Rent Cuba account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
Last Updated: May 31, 2021
1. Collaboration with Room For Rent Cuba.
1.1 Partner. As a Partner, Room For Rent Cuba offers you the opportunity to share your Casa Particular, Experience, or other Partner Service with Travelers world wide – and earn money doing it. We assist you to create a Listing and you are in control of how you work, you set your price, availability, and rules for each Listing.
1.2 Partner Authorization to offer Partner Services. By signing up as a Partner in www.roomforrentcuba.com (Our Website) with the intention to list a Partner Service, the Partner assures that is the legal owner of the house, car, business or any other material means involved in the Partner Service (“The Property” or “The Properties”), or that is authorized by the legal owner to commercially exploit the Properties involved in the Partner Service. Also, it is the Partner’s responsibility to obtain and maintain a legal license that allows them to offer the Listed Partner Service.
1.3 Contracting with Travelers. When you accept a reservation request, or receive a booking confirmation through the Room For Rent Cuba Services, you are entering into a contract directly with the Traveler, and are responsible for delivering your Partner Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Room For Rent Cuba’s service fee (and applicable taxes) for each booking.
Any terms, policies or conditions that you include in any supplemental contract with Travelers must: (i) be consistent with these Terms, our Policies, and the information provided in the Listing, and (ii) be prominently disclosed in the Listing’s description.
1.4 Independence of Partners. The Partner’s relationship with Room For Rent Cuba is that of an independent individual or entity and not an employee, agent, joint venturer, or share holder of Room For Rent Cuba, except that Room For Rent Cuba acts as a payment collection agent as described in the Payments Terms. Room For Rent Cuba does not direct or control the Partner Service, and the Partner has complete discretion whether and when to provide Partner Services, and at what price and on what terms to offer them.
1.5 Providing Partner Services as a Team or Organization. If a Partner works as part of a team, business, or other organization, the entity and each individual who participates in providing Partner Services is responsible and liable as a Partner under these Terms.
If a Partner accepts terms or enter into contracts, they represent and warrant that they are authorized to enter into contracts for and bind their team, business or other organization, and that each entity they use is in good standing under the cuban laws.
If a Partner perform other functions, they represent and warrant that they are authorized to perform those functions. If a Partner instructs Room For Rent Cuba to transfer a portion or the totality of their payout to a other Partner, or to send payments to someone else, they must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information they provide.
2. Listings and Partner Services.
2.1. Creating and Managing Your Listing. Room For Rent Cuba Services provide tools to assist the Partner in providing information and managing Listings. Partners must provide complete and accurate information about the listed Partner Service, the price, and any rules or requirements that apply to the Travelers or Listing.
The Partner is responsible for keeping the Listing information and content up-to-date and accurate at all times, by sending it through Room For Rent Cuba Services.
We recommend the partner to obtain appropriate insurance for the listed Partner Services and suggest they carefully review policy terms and conditions including coverage details and exclusions. Partners listing Casas may only maintain one Listing per accommodation, but may have multiple Listings for a single property if it has multiple places to stay.
2.2 Creating and Managing Third Parties Listings. The Partners agrees that, previous communication and consent given, Room For Rent Cuba will create and manage listings of the Partner Services in behalf of the Partner, in third parties platforms through the internet, like, for example, Online Travel Agencies websites and other e-commerce websites. Room For Rent Cuba will be responsible of collecting payouts from those platforms, in behalf of the Partner, and behave according to these Terms as if the payments were collected through Our Website.
3. Partner Payments and Payouts.
3.1 Payment Collection and Room For Rent Cuba’s Fee. We will collect a 10% deposit from the Traveler on behalf of the Partner, when the Partner accepts the booking. Once the Partner Service is executed, this deposit will belong to us, considered our service fee. The remaining 90% of the Total Price will be payed to the Partner by the Traveler, on arrival or in the beginning of the execution of the Partner Service.
In case the Partner and Room For Rent Cuba agree a full payment through Room For Rent Cuba Services, we will collect from the Traveler 100% of the Total Price when the Partner accepts the booking. In such case we will deduct 10% from the payout of the Partner and send the remaining 90% to the Partner through a chosen Payout Method (the “Payout Method”).
3.2 Partners Payout Methods. Room For Rent Cuba will inform and keep the Partner updates regarding the available Payout Methods and its peculiarities. The Partner will choose the most convenient Payout Method among those available, and Room For Rent Cuba will be responsible for sending due payments to the Partner using the selected Payout Method.
The Partner accepts that the different Payout Methods are subject to entities and to a political-social-economical enviroment out of the control of Room For Rent Cuba.
All the incurred expenses of any selected Payout Method will be paid by the Partner, by being deducted from payouts.
4. Partner Obligations, Responsibilities, and Assumption of Risk.
4.1 Legal Obligations of The Partner. The Partner is responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to the Listings or Partner Services; like, for example: Cuban government requires Independent Business Owners to register, get a permit, or obtain a license before providing certain Partner Services (such as vacation rentals for foreigner tourists, preparing food, serving alcohol, guiding tours, or operating a vehicle) and to register Travelers that stay at the Casa and any companions.
Information we provide regarding legal requirements is for informational purposes only and The Partner should independently confirm all obligations. Partner is responsible for handling and using personal data of Travelers and companions in compliance with applicable privacy laws and these Terms, including our Privacy Policy.
If a Partner has questions about how cuban laws apply to a specific case, they should always seek legal advice.
4.2 Partner’s Responsibilities. Partners are responsible and liable for their own acts and omissions and are also responsible for the acts and omissions of anyone they allow to participate in providing theis Partner Services.
Partners are responsible for setting the price of the service and establishing rules and requirements for the Listing. They must describe any and all fees and charges in the Listing description and may not collect any additional fees or charges outside the Room For Rent Cuba Services except the explicit 90% payment on arrival. Partners should not encourage Travelers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Room For Rent Cuba Services.
4.3 Partner’s Assumption of Risk. Partners acknowledge that providing Partner Services carries inherent risks and agree that they assume the entire risk arising out of their access to and use of the Room For Rent Cuba Services, offering Partner Services, or any interaction they have with other Members whether in person or online.
Partners agree that they have had the opportunity to investigate the Room For Rent Cuba Services and any laws, rules, regulations, or obligations that may be applicable to their Listings or Partner Services and that they are not relying upon any statement of law made by Room For Rent Cuba.
4.4 Partner’s Taxes. Partners are responsible for determining and fulfilling their obligations under cuban laws to report, collect, remit, any indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”).
5. Cancellations.
In general, if a Traveler cancels a reservation, the amount paid to The Partner is determined by the cancellation policy that applies to that reservation. As a Partner, you should not cancel on a Traveler without a valid reason. If a Partner cancels on a Traveler without such a valid reason, we may impose a cancellation penalty, which may include a fee and, in extreme cases, the cancellation of our agreement with such Partner, the closure of their account and the elimination of their listings.
6. Content.
Parts of the Room For Rent Cuba Services enable Partners to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”).
By providing Content, in whatever form and through whatever means, the Partner grants Room For Rent Cuba a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation.
If Content includes personal information, our Privacy Policy describes how we use that personal information. The Partner is solely responsible for all Content that they provide and warrant that they either own it or are authorized to grant Room For Rent Cuba the rights described in these Terms. Partners are responsible and liable if any of their Content violates or infringes the intellectual property or privacy rights of any third party.
Content must not be, among other things, discriminatory, obscene, harassing, deceptive, violent, and/or illegal.
7. Termination and Suspension.
7.1 Term. The agreement between a Partner and Room For Rent Cuba reflected by these Terms is effective when the Partner access Room For Rent Cuba Services (for example to create an account) and remains in effect until either the Partner or we terminate the agreement in accordance with these Terms.
7.2 Termination. The Partner may terminate this agreement at any time by sending us an email or by deleting their account. Room For Rent Cuba may terminate this agreement and the Partner’s account for any reason, noticing them via email or using any other contact information they have provided for their account.
7.3 Effect of Termination. If you are a Partner and terminate your Room For Rent Cuba account, any confirmed booking(s) will be automatically cancelled and Travelers associated to it will receive a full refund. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Room For Rent Cuba Services has been limited, or your Room For Rent Cuba account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Room For Rent Cuba Services through an account of another Member.
17. Listing in Third Party Platforms in Behalf of the Partner.
The Partner authorizes Room For Rent Cuba, as part of Room For Rent Cuba Services and with the consent and knowledge of The Partner, to list the Partner Services in Third Party Platforms, and collect payments on behalf of The Partner from such Third Parties, respecting simultaneously these Terms and the Terms of the Third Party Platform.
In case that Room For Rent Cuba listed the Partner Service on behalf of the partner in a Third Party Platform, the formed agreement will be considered between the Partner and the Third Party Platform.
Travelers use Room For Rent Cuba Services for FREE.
Partners pay 10% of the Total Price, considered our service fee.
Deposit: Travelers will make a deposit of 10% on booking confirmation, this deposit will be attached to our Traveler Refund Policy and it will belong to Room For Rent Cuba, considered our service fee.