Terms of Use
Terms of Use and Application Services
Whereas,
By accessing or using the HandyHostel Platform, any user is accepting to be bound by these Terms.
These Terms constitute a legally binding contract entered into between any of the registered Members – Hostel; User / Guest; Third parties Service providers, experiences and/or Product suppliers – and HandyHostel (as defined below ). References in these Terms to “HandyHostel,” “we”, “us,” or “our” mean BRASHANDEXP, LDA., An entity incorporated under Portuguese law, with tax number 515 976 105.
The contract determines the conditions for accessing and using the website, including any subdomains and other websites, through which HandyHostel provides its services (commonly referred to as “ Site ”), our applications for mobile phones, tablets and other smart devices, as well as application programming interfaces (commonly referred to as “Application”) and all associated services (commonly referred to as “HandyHostel Services”). The HandyHostel Website, Application and Services are hereinafter referred to jointly as the “HandyHostel Platform”.
The terms of use of the Platform include rules regarding its use and rules on comments and published content; the Privacy Policy, and other Policies applicable to the use of the HandyHostel Platform are incorporated by reference in this Agreement.
All payment processing services through or in the context of using the HandyHostel Platform (“Payment Services”) are available through the Stripe software platform and also through the Millennium BCP Pay @ me platform, based in Portugal.
Members registered as Hostels and Service Providers, experiences, and product suppliers are solely responsible for identifying, understanding and complying with all laws, rules and regulations applicable to their advertisements and services, as well as for identifying and obtaining licenses, authorizations or necessary records regarding the products and services they intend to offer. Some types of products and services may be banned entirely. Penalties may include fines or other sanctions.
All Parties agree, in good faith, to enter into this contract, which is governed by the above recitals and the following rules:
1) Scope of HandyHostel Services
1.1 The HandyHostel Platform is an online marketplace that allows all registered users – jointly designated as Members – to advertise, sell, and purchase Hostel services, experiences, events, and various other services related or not to travel.
Through the Online Platform, the company will act as an intermediary in the relations between entities that exercise hotel and similar activities, its Users / Guests and Third-Party Providers, contracting, negotiating and making available the contracting of services.
1.2 Each Hostel registered on the HandyHostel Platform will be designated as “ Hostel,” and the products and services they offer are “ Hostel Services ”. The Hostel can publish, advertise and make available for purchase its products and services on the HandyHostel Platform, directly in its member area (referred to as “ Hostel Ad ”).
Hostel Services may include experiences, activities for one or more days, additional room services, products sold at the Hostel’s bar, reception or restaurant, as well as access to events and certain locations and a variety of other related services or not with travel.
Through the HandyHostel Platform, Hostels can communicate and make transactions directly with their customers, who seek to book/purchase the designated Hostel Services.
1.3 Members of the HandyHostel Platform are also the entities that offer, organize, and provide experiences, events, and other activities outside or inside the Hostel. These entities self-promote their services and support the Hostel in promoting their activity and are Members of the HandyHostel Platform, called “Service Providers ”, who offer experiences in partnership with the HandyHostel Platform and the HandyHostel Member Hostels.
1.4 Members who use and intend to purchase Hostel Services and purchase products and/or experiences from their Service Providers are registered on the HandyHostel Platform as “ Users / Guests ”.
1.5 As a supplier of the HandyHostel Platform, HandyHostel does not own, create, sell, resell, provide, control, manage, offer, provide or provide any Hostel Services, nor is HandyHostel an organizer or reseller of package tours and services related to travel arrangements under Directive (EU) 2015/2302.
1.6. HandyHostel, within its platform management services scope, publishes the Service Provider’s announcements, describing the services, experiences, and products available for sale to Users / Guests. As such, prior to each Ad published on the HandyHostel Platform, the terms are agreed upon, and HandyHostel knows the services that may be purchased through the HandyHostel Platform. HandyHostel carried out a verification of the Providers and the services they provide. All agreements or contracts awarded with Service Providers are considered to be fully integrated into these terms and conditions, of which they form part.
1.7. HandyHostel, by prior agreement with the Hostel, may also publish your Ads. However, these Ads can always be changed or kept up to date directly by the Hostel, namely by adding or removing any Hostel services, experiences or products. In this way, HandyHostel, in relation to the Hostel ads published by it, carries out a verification of the Hostel and its services, products or experiences prior to the publication of the Ad, making express mention of this fact.
1.8 The Hostel and the Service Providers are solely responsible for providing their services and delivering their products. When making or accepting a reservation or purchasing any service through the HandyHostel Platform, Members are entering into a contract directly with each other. HandyHostel is not and will not be a contracting party or will participate in any way in any contractual relationship between Members, nor is it a real estate agent or insurance intermediary.
1.9 Although HandyHostel can help facilitate the resolution of disputes that occur between Members, it has no control and does not guarantee the realization, quality, safety, suitability or legality of any activities, services, products, events and experiences acquired on the Platform HandyHostel.
1.10 Regarding the veracity or correctness of any description of Ads, HandyHostel only exercises control and management of the Ads it publishes directly in the HandyHostel application, on behalf of the Service Providers. All ads that HandyHostel does not place are not controlled or managed by you, namely the Hostel’s Ads.
1.11 Handyhostel does not control and does not guarantee the total accuracy of the ratings, comments or other content or the performance or conduct of any Member or third party.
1.12 HandyHostel does not specifically recommend a Member, Ad or Hostel Service. Any reference to the “verification” of a Member or Service Provider (or similar language) only means that the Member has undergone a relevant verification or identification process and nothing more.
1.13 Members of the HandyHostel platform must act with due diligence and attention when deciding to participate in an experience or event or activity or use other Hostel Services, accept a reservation request by a User and or communicate and interact with other Members, online or in person.
1.14 If, as a Hostel or Service Provider, you choose to use the HandyHostel Platform, your relationship with HandyHostel is limited to the fact that, for whatever reason, you are an independent third party contractor and not an employee, agent, joint venture from HandyHostel. The user acts exclusively on his own behalf and for his own benefit, and not on behalf of HandyHostel or on his behalf.
1.15 To promote the HandyHostel Platform and increase the Ads’ visibility to potential Users / Guests, the Ads and other content may be displayed on other websites, in applications, email messages, online and offline advertisements. Members are free to use these tools, if they so choose, without any responsibility on the part of HandyHostel.
1.16 HandyHostel is not responsible for interruptions or interferences in the Internet service and telecommunications infrastructure beyond our control. That may cause interruptions in the availability of the HandyHostel Platform.
1.17 HandyHostel may occasionally improve, reinforce and change the HandyHostel Platform and introduce new HandyHostel Services. HandyHostel will inform Members of any changes to the HandyHostel Platform, unless such changes are minor, without having a material effect on the parties’ contractual obligations.
- Eligibility, Using theHandyHostel Platform, Member Verification.
2.1 To access and use the HandyHostel Platform or register an Account with HandyHostel, any Member must be at least 18 years of age or be a properly constituted company, organization or other entity.
2.2 HandyHostel may subject the access and use of the HandyHostel Platform or certain areas or features to certain conditions or requirements, such as the completion of a verification process, the fulfillment of specific quality or eligibility criteria, the purchase history, reservations and cancellations of a Member.
2.3 Service providers are subject to prior verification by HandyHostel. HandyHostel directly publishes all Provider Advertisements.
2.4. Hostels and their services, products and experiences are not subject to detailed and prior verification by Handyhostel.
2.5 We only assume responsibility for confirming the identity of Members whose announcement has been made directly by HandyHostel, that is, Service Providers and Hostels announcements that have been published by HandyHostel, as identified in the announcement itself. In relation to the remaining Hostels advertisements, only elements will be requested to help verify the entity and the Members’ physical existence, check Members in third-party databases or other sources, and request reports from service providers.
2.6 Access or use of some areas and features of the HandyHostel Platform may be subject to different policies, rules or guidelines, or may require any Member to accept additional terms and conditions before being able to access the relevant areas or resources of the HandyHostel Platform.
2.7 By accessing or downloading the Apple App Store or Google Play Store Application, You agree to the Apple and Google Licensed Application End User License Agreement, to which we refer in full. Some areas of the HandyHostel Platform have implemented Google Maps / Earth mapping services, including the Google Maps API (s). Your use of Google Maps / Earth is subject to the Additional Google Maps / Google Earth Terms of Service, to which we refer in full.
- Changes to present terms
HandyHostel reserves the right to change these Terms, at any time, in accordance with this provision. If we make changes to these Terms, we will post the revised version of them on the HandyHostel Platform and update the “Last Updated” date at the beginning of this document. We will also notify you of changes by email, at least 30 (thirty) days before the date of its entry into force. If you disagree with the revised Terms, you can terminate this Agreement with immediate effect. We will inform you of your right to terminate the Agreement in the email notification, which must be sent to support@handyhostel.com. If you do not terminate your Agreement before the revised Terms come into effect, your continued access to or use of the HandyHostel Platform will constitute acceptance of the revised Terms.
- Account Registration
4.1 Members must register an account (“HandyHostel Account”) to access and use some features of the HandyHostel Platform. Depending on the purpose for which they register, they may use and publish (Hostels and HandyHostel that will control the pages of the Service Providers) or book or purchase (Users / Guests) a product, service or experience and use the other features of platform. If you are registering a HandyHostel Account for a company, organization or other legal entity, you must declare and ensure that you have the necessary powers to legally bind that entity, granting us all the authorizations and licenses provided for in these Terms.
4.2 Members can register a HandyHostel Account using an email address and creating a password, or through their account with certain third party social networking services, such as Facebook or Google (“SRS Account”).
4.3 HandyHostel is not responsible for the unlinking of SRS accounts and if the member wishes to disconnect, they must access their account settings on Google or Facebook.
4.4 During the registration process, they must provide correct, current, and complete information and always keep their HandyHostel Account updated.
4.5 Members must not register more than one HandyHostel account, unless HandyHostel authorizes them to do so, and they cannot transfer or otherwise transfer their HandyHostel Account to others.
4.6 If a third party may have breached access to the HandyHostel account, the Member must immediately inform HandyHostel by sending an email to support@handyhostel.com. Each HandyHostel Member is responsible for any and all activities or services purchased and/or performed through their HandyHostel Account, unless they have not authorized it and have not acted negligently (for example, by failing to report unauthorized use or loss of credentials).
4.7 HandyHostel may provide functionalities that allow it to authorize other Members or certain third parties to perform certain acts, which affect their HandyHostel Account. For example, we may allow Members to associate their accounts with eligible companies or take action on behalf of those companies. These features do not require you to share your credentials with anyone else. HandyHostel authorizes no third party to ask for your credentials, and the user should not, in turn, request them from another Member.
- Content
5.1 HandyHostel can enable Hostels to:
(i) create advertisements with images, videos or other materials and information on / or through the HandyHostel Platform (“Member Content”); and
(ii) access and view content of any Member and any other that HandyHostel itself makes available on or through the HandyHostel Platform, including private company content.
5.2. The content of the Service Provider Advertisements is published, managed and controlled by HandyHostel.
5.3 The HandyHostel Platform and any content that incorporates the Platform may be protected, in whole or in part, by copyright, trademark and/or other applicable legislation.
5.4 Members acknowledge and agree that the HandyHostel Platform, including all associated intellectual property rights, is the exclusive property of HandyHostel. Members will not delete, alter or hide any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the HandyHostel platform, the content of the HandyHostel Platform or the content of Members.
5.5 All HandyHostel trademarks, service marks, logos, trade names and any other source identifiers used or related to the HandyHostel Platform and the content of HandyHostel are trademarks or registered trademarks of HandyHostel in Brazil, Portugal and Europe.
5.6 Trademarks, service marks, logos, commercial designations and any other designations of third parties used or related to the HandyHostel Platform, are used for identification purposes only, and may be the property of their respective owners.
5.7 No one is authorized to use, copy, adapt, alter, prepare derivative works, distribute, license, sell, transfer, disseminate and present, transmit, publicly disseminate or otherwise exploit the HandyHostel Platform or its content.
5.8 Subject to compliance with these Terms, HandyHostel grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) download and use the Application on your personal devices; and (ii) access and view any content available on or through the HandyHostel Platform that is accessible to you.
5.9 By uploading, publishing, or otherwise making available any content as a Member on / or through the HandyHostel Platform, you are granting HandyHostel, as you create, publish or make available, a non-exclusive, worldwide, exempt license royalty, sublicensable and transferable.
5.10 HandyHostel does not claim any ownership rights in any content, and no provision in these terms should be construed as limiting any potential user rights to use or exploit your Member Content.
5.11 The Hostel is responsible for ensuring that its services are accurately represented in the Published Images and in the published description, and must suspend their use on or through the HandyHostel Platform if the images no longer accurately represent your Ad, if you fail to make the Hostel Service in question available or if your HandyHostel Account for any reason is canceled or suspended.
5.12. HandyHostel guarantees that the images published regarding the services, products, experiences of the Service Providers are accurately represented. Whenever there is no correspondence between the services and the advertisement, it will be changed accordingly or deleted immediately.
5.13 The Hostel and the Service Providers recognize and accept that HandyHostel has the right to use any published images, including to provide and promote the Platform.
5.14 All Hostel´s that create their own ads and offers in the HandyHostel application, are exclusively responsible for all Content that they make available on or through the HandyHostel Platform, as such declare and guarantee that:
(i) are the sole and exclusive owner of all content that is made available on / or through the HandyHostel Platform or that has all the rights, licenses, consents and approvals necessary to grant HandyHostel the rights over and related to the content in question, as provided for in these Terms; is that
(ii) neither the content of the Hostel, nor the publication, loading, sending or transmission (or any part of it) by the Guest, as provided for in these Terms, or its use by HandyHostel, will constitute an infraction, abusive appropriation or violation of a patent, copyright, trademark, trade secret, moral rights or other intellectual property rights of third parties, or publicity or privacy rights, or will result in the violation of any applicable laws or regulations.
5.14 All Members using the HandyHostel application and Handyhostel – in relation to the Service Provider’s advertisements – agree, by accepting this term, that they will not publish, upload, send or transmit any content that:
(i) is fraudulent, false, misleading (directly or by omission or inability to update the information) or fallacious;
(ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive;
(iii) promotes discrimination, or fanaticism, racism, hatred, harassment or harm against any individual or group;
(iv) is violent, threatening or promotes violence or threatening actions towards any other person or animal;
(v) promotes illegal or harmful activities or substances; or
(vi) violates any HandyHostel policy.
5.15 Ad headlines must not include information that is irrelevant to the type, style or experience of the ad; nor symbols or emojis; nor fraudulent, false or misleading information.
5.16 HandyHostel may eliminate or prevent access to any content that is contrary to the applicable law and these terms, in force at the time, or that could otherwise be harmful or offensive to the company, its Members, third parties or property. Whenever HandyHostel removes or deactivates the Member Content, HandyHostel will notify the Member and provide the reasons for such action, unless such notification (i) prevents or prevents the detection or prevention of fraud or other illegal activities, (ii ) harm the legitimate interests of other Members or third parties, or (iii) violate applicable laws.
- Service Fees and Payments
6.1 HandyHostel charges commission fees to the Hostel and the Service Provider, which are included in the price of the experience or product, in return for using the HandyHostel Platform.
6.2 The Guest only pays the full amount of the service, experience or product purchased at the time of booking, and is not charged any fee for using the HandyHostel Platform.
6.4. As a rule, the Stripe software platform will make the correct imputation of the payment of commissions due under the terms agreed between HandyHostel, the Service Provider and the Hostel, in a document attached to these terms, making it an integral part.
6.5. In case of errors with the referred Platform, the payment of commissions will be managed directly by HandyHostel.
6.6. The commissions negotiated between Hostels and Service Providers are made through a service provision contract, which HandyHostel will conclude with each partner, on a case-by-case basis.
6.7. The fees and commissions and the price of the services, experiences and products purchased do not affect the collection of taxes due for all transactions that occur through the application, and that are mandatorily included in the Total Price charged by HandyHostel.
- Specific terms for Hostel
7.1 Terms applicable to all Ads
7.1.1 When creating an Ad through the HandyHostel Platform, the Hostel must: (i) provide complete and correct information about its Hostel Service (such as description, location and availability of calendar, prices, discounts, offers); (ii) disclose any deficiencies, restrictions (such as house rules) and applicable requirements (such as minimum age, proficiency or physical requirements for an Experience); and (iii) provide any other relevant information requested by HandyHostel. The Hostel is responsible for keeping your Ad information up to date (including calendar availability).
7.1.2. Through their Ads, Hostels can offer their own experiences and their products as well, such as: bar services, food, towels, padlocks, among others. In addition to their own products and services, Hostels can also offer the experiences that HandyHostel submits in the application on behalf of the Service Providers with whom they previously negotiated.
7.1.2 The Hostel is solely responsible for setting a price (including any Taxes, if applicable, or other costs) for its own services and products made available on and through the HandyHostel Platform.
7.1.3 Any terms and conditions included in your ad, in particular in relation to cancellations, must not conflict with these terms or the relevant cancellation policy for your Ad.
7.1.6 When publishing a service announcement that the Guest acquires, the Hostel is entering into a legally binding contract with its Client or Guest, being required to provide its Services or make the purchased product available, as described in its ad.
7.2. Unless explicitly permitted by HandyHostel, the Hostel cannot have more than one subscription to the HandyHostel Platform.
8. Specific Terms for Users / Guests
8.1 The Guest must carefully review the description of any Experience, Event or other Hostel Service or product they wish to book, to ensure that they meet (as well as any other Users for whom they are booking) the minimum age, proficiency, physical fitness or other requirements specified in the Ad.
8.2 At its sole discretion, the Guest may choose to inform the Hostel of any health or physical conditions or other circumstances that may affect their ability and that of any additional Users, to participate in any Experience, Event or other Hostel Service.
8.3 Before and during an Experience, Event or other Hostel Service, the Guest must always respect the instructions provided.
8.4 The User cannot be accompanied by other people for an Experience, Event or other Hostel Service, unless he has acquired the experience for a larger number of people during the booking process, making the payment for all members directly on the HandyHostel Platform.
8.5 Subject to compliance with any requirements (such as completing any verification processes) defined by HandyHostel and/or Hostel, the User can purchase a service published and advertised on the HandyHostel Platform, following the respective acquisition process. The Guest agrees to pay for the service, experience or product within and through his HandyHostel Account.
8.6 Upon receipt of a confirmation of purchase by HandyHostel, a legally binding agreement is entered into between the Guest, Hostel and/or the Service Provider, subject to any additional terms and conditions that apply, including in particular the policy applicable cancellation policy and any rules and restrictions specified in the Ad.
8.1.3 If you book a service or experience on behalf of other Users / Guests, the Guest is asked to ensure that everyone meets any Hostel and Service Provider requirements. If you make a reservation for an additional guest who is a minor, the Guest declares and warrants that he is legally authorized to act on his behalf. Minors can only participate in an Experience, Event or other Service, if accompanied by an adult responsible for them.
- Changes to Reservations, Cancellations and Refunds, Resolution Center
9.1 Members are responsible for any changes to a reservation they make through the HandyHostel Platform and agree to pay any fees associated with changes to Reservations, if applicable.
9.2 Users can cancel a confirmed reservation, at any time, in accordance with the cancellation policy of the Ad defined by the Hostel or Service Provider, and HandyHostel will proceed to the refund paid by the Guest, according to what is defined in the policy cancellation.
9.3 If a Hostel or Service Provider cancels a confirmed reservation/service purchase, the Guest will be fully refunded the amount paid. In some situations, HandyHostel may allow the Guest to use the Refund to make a new reservation. HandyHostel will deduct this amount from the value of a subsequent reservation by the Guest, in accordance with its instructions.
9.4. HandyHostel may post an automatic comment on the Ad canceled by the Hostel, indicating that the reservation has been canceled.
9.4 If the weather conditions pose a risk to the safety of the Guest and or prevent the Hostel or Service Provider from providing the service, activity or carrying out the experience that takes place mainly outdoors, the Hostel may cancel the Hostel Service. The Hostel and the Service Provider may also cancel the service, activity or experience in the event of other conditions that prevent you from providing a Safe Hostel Service.
9.5 In certain circumstances, HandyHostel may cancel a confirmed or pending reservation on behalf of a Hostel or Guest and initiate the corresponding refund and payment acceptance processes. In cases where HandyHostel cancels a reservation, HandyHostel will notify Members and provide reasons for such action, unless such notification (i) prevents or prevents the detection or prevention of fraud or other illegal activities, or (ii) harms the legitimate interests of other Members or third parties, or (iii) violate applicable laws. You can dispute a cancellation by contacting customer service.
9.6 If a Guest who booked or acquired an Experience, Event or other Hostel Service suffers a travel problem, HandyHostel may determine, if it so chooses, to refund the Guest all or part of the amount paid, always following the rules of cancellations and refunds for each activity, product or service provided.
9.7 If a Guest or HandyHostel cancels a confirmed reservation and the Guest receives a refund in accordance with HandyHostel policies, or the applicable cancellation policy defined by the Hostel and mentioned in the Announcement, after the Hostel and the Service Provider have already received your payments, HandyHostel will have the right to recover the amount of any such refund, including subtracting that refund amount from any future Payments due to the Hostel or the Service Provider.
9.8 Unless otherwise specified in these Terms, Members may use alternative means of dispute resolution to send or request money for refunds, additional hostel services, products or claims for damages related to reservations.
- Ratings and Reviews
10.1 During a certain period of time, after the completion of an Experience, Events or other services, the Guest can leave a public comment (“Comment”) and evaluate with rating stars (“Rating”), in relation to the Hostel and the experience provided. Ratings or Comments reflect the views of individual Members and not the opinion of HandyHostel. HandyHostel does not check ratings and Comments for accuracy, which may be incorrect or misleading.
10.2 The Ratings and Comments made by Members must be accurate and must not contain any offensive or defamatory language. Ratings and Comments are subject to Section 5.
10.3 Members are prohibited from manipulating the Ratings and Comments system in any way.
10.4 Ratings and Comments are part of a Member’s public profile.
- Disputes betweenAll Members
11.1 Members agree to cooperate and support HandyHostel in good faith and provide it with all information related to any Claims for Compensation, or other complaints or claims made by Members, related to any services provided, experiences, events or products acquired through the HandyHostel Platform. HandyHostel will promote the resolution of any dispute by agreement between the parties. Members have the right not to want to resolve the dispute using this extrajudicial way. A Member’s right to take legal action before a court remains unaffected.
- 12. Taxes
12.1 The Hostel and the Service Providers are solely responsible for knowing their obligations to inform, charge, send or include in their Fees any VAT or other indirect sales taxes, fees (“Taxes”).
12.2 Tax rules may compel us to collect adequate tax information from Hostels and Service Providers or to withhold taxes from payments made to them or both. If a Hostel does not provide us with the necessary documentation under applicable law (eg, tax identification) for the fulfillment of our obligation (if applicable) to withhold taxes from the payments we make to you, we reserve the right to withhold amounts up to the relevant tax amount, until the respective resolution.
- 13. Prohibited Activities
13.1 Members are solely responsible for complying with all laws, rules, regulations and tax obligations applicable to their use of the HandyHostel Platform. As part of the use of the HandyHostel Platform, the user declares that he will not and will not help or allow third parties:
● use the HandyHostel Platform for any commercial or other purposes, other than those expressly permitted by these Terms, or in a way that falsely suggests HandyHostel’s approval or partnership, or in any way mislead others, with respect to the user’s affiliation with HandyHostel;
● copy, store or otherwise access or use any information, including personally identifiable information about any other Member, included on the HandyHostel Platform, in a manner contrary to HandyHostel’s privacy policy or these Terms, or that in any way constitutes a violation of the privacy rights of Members or third parties;
● use the HandyHostel Platform to distribute unsolicited commercial messages (“spam”);
● make available, as a Hostel, any Ad about a Hostel that you do not own or that you are not authorized to make available, through the HandyHostel Platform;
● contact another Member for any purpose other than to raise a question related to your own reservation, Announcement or the use of the HandyHostel Platform by the Member in question, including, without restriction, recruiting or otherwise inviting any Member to subscribe to third party services, applications or websites, without our prior written consent;
● use the HandyHostel Platform to request, make or accept a reservation outside the HandyHostel Platform, to circumvent any Service Fees or for any other reason; If you do, this action authorizes HandyHostel to permanently exclude the offending Member from the platform so that it cannot use it at any other time.
● Requesting, accepting or making any payment for Accommodation Fees, providing services or selling products outside the HandyHostel Platform. If you do so, the user: (i) assumes all risk and responsibility for such payment, and (ii) exonerates HandyHostel from any liability for the payment in question;
● discriminate or harass someone based on race, nationality, religion, sex, sexual identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or in any way participate in any violent, harmful, abusive or disturbing behavior ;
● use, disclose, mirror or frame the HandyHostel Platform, or any individual element on the HandyHostel Platform, the name of HandyHostel, any trademark, logo or other private information of HandyHostel, or the presentation and design of any page or form included on a page on the HandyHostel Platform, without the express written consent of HandyHostel;
● dilute, tarnish or in any way harm the HandyHostel brand, including by registering and/or using HandyHostel or derived names in domain names, trade names, registered trademarks or other source identifiers, which closely imitate or that similarity to domains, trademarks, slogans, promotional campaigns or may cause confusion;
● use any robots, spiders, crawlers, scrapers or other automatic means or processes to access, collect data or other content, or otherwise interact with the HandyHostel Platform, for any purpose;
● avoid, ignore, eliminate, disable, impair, decode or in any way attempt to circumvent any technological measure implemented by HandyHostel, by any of its suppliers or another third party, to protect the HandyHostel Platform;
● attempt to decipher, unzip, disassemble or reverse engineer any software used to make the HandyHostel Platform available;
● take any action that damages or impairs, or may damage or impair the performance or correct functioning of the HandyHostel Platform;
● export, re-export, import or transfer the Application, except as authorized by Portuguese law, the export control laws of your jurisdiction and any other applicable legislation; or
● violate or infringe on anyone’s rights or otherwise harm someone.
13.2 Users / Guests recognize that HandyHostel has no general obligation to monitor the content of the Hostel or Service Provider page, nor to actively seek out facts or circumstances that indicate illegal activity.
13.3 If you suspect that any Member with whom you interact, online or in person, is acting or has acted inappropriately, including, without limitation, someone who: (i) participates in offensive, violent or sexually inappropriate behavior; (ii) the suspect is stealing it; or (iii) participates in any disturbing conduct, the user must immediately report it to the competent authorities and then HandyHostel, by contacting us and indicating his police station and the number of the police report (if available). All Members agree that any denunciation they make does not oblige us to take any action (in addition to what is required by law, if applicable).
- 14. Term and Termination, Suspension and other Measures
14.1 This Agreement is effective until any Member or HandyHostel terminates it, as provided in this provision.
14.2 The User may terminate this Agreement at any time by sending us an email to support@handyhostel.com.
14.2.1 If you cancel your Account or your contract with HandyHostel as a Hostel, without prior communication with HandyHostel, all confirmed reservations will be automatically canceled and the Users / Guests will be fully refunded.
14.2.2. If you cancel your HandyHostel Account as a Guest, all confirmed reservations will be automatically canceled and any refund will depend on the terms of the applicable cancellation policy.
14.2.3. If you cancel your Account or your contract with HandyHostel as a Service Provider or terminate the contract with us, all reservations will be canceled and refunds made in full.
14.3 Without limiting our rights specified below, HandyHostel may terminate this Agreement for convenience, at any time, by notifying the user thirty (30) days in advance, by email to his registered email address.
14.4 HandyHostel may terminate this Agreement and/or stop providing access to the HandyHostel Platform, with immediate effect and without notice, if: (i) the user has substantially breached its obligations under these Terms; (ii) has violated applicable law, regulations or the rights of third parties; or if (iii) such a measure is necessary to protect the personal safety or property of HandyHostel, its Members or third parties (for example, in the event of a Member’s fraudulent behavior).
14.5 In case of violations of these legal terms and regulations, and if applicable, the user will be notified of any measure that HandyHostel intends to take, being given an opportunity to resolve the problem to the satisfaction of the company.
14.6 If we adopt the measure identified in 15.4: (i) we may reimburse Users / Guests in full, for any and all confirmed reservations that have been canceled, regardless of the pre-existing cancellation policies; (ii) the Hostel will not be entitled to any compensation for pending or confirmed reservations that have been canceled.
14.7 Upon termination of this Agreement, the entity has no right to recover your HandyHostel Account or any part of the content on its page. If your access to or use of the HandyHostel Platform has been limited, your HandyHostel Account has been suspended or HandyHostel has terminated this Agreement, you cannot register a new HandyHostel Account or access and use the HandyHostel Platform through the HandyHostel Account of another Member.
- 15. Governing Law and Jurisdiction
These Terms will be interpreted in accordance with Portuguese law. As a consumer, you can initiate any legal proceedings related to these Terms before the competent court at HandyHostel’s headquarters in Portugal. If HandyHostel intends to invoke any of its rights against any of the Users of its Platform, it can only do so in the courts of jurisdiction in which it resides. The User agrees to submit to the exclusive jurisdiction of the Portuguese courts.
- 16. General Provisions
16.1 This Agreement or your use of the HandyHostel Platform does not establish a joint venture, partnership, employment or agency relationship between you and HandyHostel.
16.2 If any provision in these terms is found to be invalid or unenforceable, the provision in question will be deleted and will not affect the validity and applicability of the remaining provisions.
16.3 Failure by HandyHostel to enforce any right or provision set forth in these Terms does not constitute a waiver of such right or provision, unless it is acknowledged and accepted by HandyHostel in writing.
16.4 The user may not assign, transfer or delegate this Agreement and its rights and obligations, provided herein, without the prior written consent of HandyHostel. HandyHostel may, without any restriction, assign, transfer or delegate this Agreement and any rights and obligations set forth herein, in its sole discretion, by giving 30 days notice. The right of any member to terminate this Agreement at any time is not affected.
16.5 Unless otherwise specified, any notifications or other communications to Members, authorized or required under this Agreement, will be provided electronically and sent by HandyHostel by email.
16.6 If you have any questions regarding these Terms, you should send us an email to support@handyhostel.com.
If you have more doubts feel free to ask
