Terms and Conditions

SOME TERMS APPEARING IN THIS POLICY AND HOW THEY ARE USED

Scapada: the name of this service and this website. Also referred to as “scapada.com”, “us”, “we”.
Terms and Conditions: the conditions applicable to Scapada. Also referred to as “Terms”.
Web: the group of pages that make up the totality of the Scapada website. Other names include: “page”, “site”, “website”.
User: anybody accessing scapada.com and accepting its privacy policy and its Terms and Conditions. Also referred to as “individual”, “customer”, “you”. Bots or any software impersonating humans are not considered users.
Listing: In the context of these Terms, refers to any publication with commercial purposes added by a user through our listing publication system. Commercial purposes include: obtaining reservations or orders through our platform, selling or renting a property, or promoting a business. Examples of listings include: a vacation rental property, a guided tour, a private lesson, an appointment with a medical professional, a publication with information about a restaurant, etc. A listing can also be referred to as an "item" or a "publication."
User content: anything that users upload to our website, including listings, messages and emails to us or other users, pictures, videos, comments, reviews, etc.
Administrator: any user that uploads a listing on our platform. Also referred to as “listing administrator”, “provider”, “service provider”, “vendor”, or “host”.
Customer: a user who transacts (places reservations or orders, pays...) with an administrator. It is also referred to as a "guest" or, in some contexts, simply a "user".
Third party: any external individual, company or service we directly or indirectly interact with.
Fiat currency: any currency designated as legal tender by government regulations or law. It includes most currencies used worldwide, like the US Dollar, the Euro, etc…Also referred to as "currency".

All of the mentioned terms are valid throughout our website in uppercase, lowercase, and combinations of both, either in singular or plural versions.

INTRODUCTION

Any website visitor must agree explicitly to our Terms and Conditions and our Privacy Policy before using our website(s). A pop-up or any sort of agreement form should be clearly displayed any time you try to access our website(s) for the first time (after the website is officially in operation), or in a new session. If you use software to block those pop-ups, you should not access our website(s). Similarly, if a software error occurs on our side due to which this pop-up is not being displayed, we will apply modifications as soon as we notice or are notified of this malfunction.

These Terms apply to the access and use of our websites, independently of which device you choose to connect to it (mobile, laptop, etc…).

The main language of the website is Spanish, and, in case of ambiguities, the Spanish version of these Terms will be the one that applies.

We reserve the right to change our Terms at any time. However, they are drafted in such a way that most updates to our website will continue to be covered by the same Terms.

PURPOSE OF SCAPADA

Scapada is an online multi-vendor platform for reservations and ads. This means that the users themselves offer products or services to other users.

Administrators or vendors may post listings with the intent to, but not limited to:

Receive reservations for their vacation rental properties
Receive reservations for an activity or service they offer
Promote their businesses in our directory
Promote their long-term rental properties
Promote their properties for sale

Other users will be able to place reservations for properties, activities or services that accept them, search for nearby businesses, or contact administrators of properties for sale or long-term rental.

In addition, payments for the reservations are made directly between the users involved, without our intervention, and without commissions or fees applied from our side.

Scapada operates similarly to other popular platforms like AirBnb, but with many more functionalities and types of offers, and without intervening in the reservation process.

DISCLAIMER AND LIMITED LIABILITY

When a visitor on our website uses our website and/or its services in any way, he does so solely at his own risk.

We offer our services through the use of servers located in different countries, and might change those servers at any time. Since we may operate from -and offer our services in- different countries, before browsing our website, a visitor should be familiar with applicable laws, rules, or regulations in his jurisdiction regarding the services we provide. We urge everybody not to use this website if it is not permitted to do so for any reason. If a user can’t or won’t accept these Terms, it is not allowed to use our services.

No part of what is written on Scapada, or in any of our website(s), or in our correspondence with our users (via email or other means) constitutes legal advice. Any advice or recommendation given is for information purposes only.

Under no circumstances will Scapada be liable for the loss of funds of a user of this website. Some examples that can lead to a loss of funds are, among others:

A user sending funds to a wrong bank account (or any sort of account)
A user (administrator) who receives funds from another user and doesn't provide what is indicated on his listing
The failure of the user's software (payment apps, browsers, etc...)
Any institution (banks, financial companies, etc...) blocking or freezing the payment
Failures in our system that could lead to displaying erroneous payment data. Although an improbable case, users are urged to verify that all payment data is correct before making a payment

Within the scope of the applicable laws in your jurisdiction, Scapada will not be held liable to you (any user) or any third parties in the event of direct, indirect or other sorts of damages (such as loss of profits, commercial losses, business interruptions, etc) derived from the use (or misuse) of this website and/or its services, including those related to third parties Scapada may operate with.

Scapada is purely a technical intermediary, and has no contractual relationship with any of the listing administrators listed on our website, whether they are hosts, activities or services providers, or owners of businesses listed in our business directory. Administrators are liable for their own operations. If those operations are considered illegal in their jurisdiction, we will remove those vendors as soon as this is known to us.

USER ACCOUNTS

If a visitor of our website can’t or doesn't agree to our Terms, or is not of legal age to use this website according to laws in his jurisdiction, this visitor may not open an account (register) with us. Opening an account is required to make use of most of the websites’ functionality. It is not required just to browse the website. Every visitor or user of this website that accepts our Terms, will by default accept the Payments and Refunds Policy, which is an extension of these Terms.

All user accounts are personal and non-transferable. Borrowing user accounts is not allowed.

We reserve the right to close a user account at any time, especially if it violates these Terms. The user will be notified beforehand about the reasons and dates if possible. If some order was still in progress during the closure time, we will make sure the order is fulfilled before or after the closing.

UPLOADING AND PUBLISHING CONTENT, AND USE OF OUR SERVICES

If a user uploads content to our website(s), that content has to comply with all applicable rules, regulations or laws in your jurisdiction. We will remove any content or posts that we knowingly infringe those rules, regulations or laws.

Users wanting to upload a listing must register first using a valid email address. Listings are restricted to certain categories from which the user has to select one. Listings will be moderated before being published, and can be denied. The user will then receive an email with the reason for the denial, and will have the chance to upload a listing again, as long as it is in accordance with this Terms. Amendments to listings must still comply with our Terms and all legal requirements in the users’ jurisdiction.

We might charge users for publishing one or several listings, or for adding special functionalities to their accounts. Listings usually have an expiration date, after which a user will have the option to renew it making a new payment. We reserve the right to adjust prices at any time.

Listings containing sexual or adult content are not allowed.

Users can report illegal content via our website if we unknowingly allowed it to be uploaded. We will remove that content as soon as we are informed about it and confirm that it is indeed illegal or breaches our Terms.

Motives to remove listings include, but are not limited to: uploading fake listings, creating accounts to add fake reviews to a users’ own listings, users duplicating listings, or other users’ reports confirming that a listing is fake.

Visitors that do not upload listings but wish to make reservations, post comments, write reviews, report listings, and/or send messages to us or other users via email or internal messaging, must also open an account on our website with a valid email address. Scapada does not charge any fees or commissions on reservations placed by users.

USER CONDUCT AND COPYRIGHT

Users who display aggressive behavior toward other users or toward us will be permanently removed. Similarly, we will permanently remove users who:

Place reservations continuously, without ever paying for any, and possibly entering into conversations with the administrators for purposes other than the reservation itself
Continuously cancel reservations
Keep publishing reviews or comments with links to external pages
Try to deceive other users in any way

No part of this website may be copied or reproduced without our express consent.

Any use of this website outside of the purpose described in this Terms is prohibited. This includes, but is not limited to, cases such as data mining, the use of robots (bots), modification of any part of the website or any other sort of action that may affect its usability or the services therein.

REFUNDS

Refunds of payments made between users will be treated according to the cancellation and/or refunds policy of the respective listing, if indicated by the listing administrator.

The full conditions for refunds are covered in our Payments and Refunds policy.

THIRD PARTIES

We do not control any aspect of our third parties' products and/or services, and thus users utilize our services at their own risk. These aspects include the quality, validity, warranties and legality, among others.

We might reference products and/or services by name (brand) or trademark, or by any other identifiable way. This does not imply legal binding, endorsement, sponsorship, or any other relation to that brand.

If we publish a link to some third party, the Terms and Conditions (or any similar name that refers to those) of their website or service apply.

VALIDITY OF THESE TERMS

For visitors to our website, these Terms and Conditions will remain valid from the moment of visit until the visitor leaves our website. Any non logged in user is considered a visitor.

For registered users, these Terms and Conditions will remain valid from the moment the user registers on our website until the user's account has been closed for any reason. After logging in, on each visit of a registered user, these Terms will apply no matter if the user is only browsing the site, checking his user account, paying for any product, or any other possible interaction with our website.