Terms and Conditions

GUEST TEMS

1. Mission 

Our mission is to make the trips of our clients an incredible experience, without setbacks, without extra costs and with everything at hand; therefore, we know that our clients are different, unique and we are aware they belong to a very special place: ¡a beautiful family! 

1. Booking on TravelBaby
   1. Booking

When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price. You are also agreeing that TravelBaby via (Plataforma de TUTI) Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing to collect Damage Claim (as defined in Section 15) amounts. When you receive the booking confirmation, a contract for Host Services (a “Reservation”) is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. 

1. Accommodation Reservation

An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host 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 Guests.

1. Cancellations, Travel Issues, Refunds and Booking Modifications
   1. Cancellations, Travel Issues, and Refunds

In general, if as a Guest you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a Travel Issue (as defined in our Guest Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the Guest Refund Policy. 

1. Booking Modifications

Guests are responsible for any booking modifications they agree to make via the TravelBaby Platform or direct TravelBaby customer service to make on their behalf and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

1. Your Responsibilities and Assumption of Risk
   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 Accommodation, Experience or other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

HOST TERMS

1. Hosting on TravelBaby
   1. Host

As a Host, TravelBaby offers you the right to use the TravelBaby Platform to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.

1. Contracting with Guests

When you accept a booking request, or receive a booking confirmation through the Airbnb Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like TravelBaby service fee for each booking. TravelBaby Payments will deduct amounts you owe from your payout unless we and you agree to a different method.

1. Managing Your Listing
   1. Know Your Legal Obligations

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and Terms. If you have questions about how local laws apply you should always seek legal advice.

1. Your Responsibilities (as a host)

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the TravelBaby Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the TravelBaby Platform.

1. Your Assumption of Risk

You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the TravelBaby Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the TravelBaby Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by TravelBaby.

1. Cancellations, Travel Issues, and Booking Modifications
   1. Cancellations and Travel Issues

In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee.  

1. Booking Modifications

Hosts and Guests are responsible for any Booking Modifications they agree to make via the TravelBaby Platform or direct Airbnb customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

1. Taxes
   1. Host Taxes

As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable taxes or other indirect taxes, occupancy taxes, tourist, income, or other obligations.

1. Collection and Remittance by TravelBaby

In jurisdictions where TravelBaby must collect and/or do the remittance of Taxes on behalf of Hosts, you instruct and authorize TravelBaby to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by TravelBaby are identified to Members on their transaction records, as applicable. TravelBaby may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by TravelBaby is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

1. Tax Information

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that travelBaby may issue on your behalf invoices or similar documentation for DIAN, VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.

General Terms

1. Reviews

After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy.

1. Fees

TravelBaby may charge fees and applicable Taxes to Hosts and Guests for the right to use the aTravelBaby Platform.  TB reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. 

1. TravelBaby Platform Rules

11.1  You must follow these rules and must not help or induce others to break these rules.

• Act with integrity and treat others with respect
• Do not lie, misrepresent something or someone, or pretend to be someone else.
• Be polite and respectful when you communicate or interact with others.
• Do not discriminate others.
• Do not scrape, hack, reverse engineer, compromise or impair the Travel Baby Platform
• Do not use any mean to access or collect data from Travel Baby Platform.

• Do not  disassemble, or reverse engineer any of the software or hardware used to provide the Travel Baby Platform.
• Do not take any action that could damage or adversely affect the performance or proper functioning of the Travel Baby Platform.
• Only use the Travel Baby Platform as authorized by these Terms or another agreement with us
• You may only use another Member’s personal information as necessary to facilitate a transaction using the Travel Baby Platform as authorized by these Terms.
• Do not use the Travel Baby Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.

• Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
• Do not request, make, or accept a booking or any payment outside of the Travel Baby Platform to avoid paying fees, taxes or for any other reason. 
• Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation.
• Do not engage in any practices that are intended to manipulate our search algorithm.
• Do not book Host Services unless you are actually using the Host Services.
• Do not use, copy the Travel Baby Platform, any Content, any Travel Baby  branding, or any page layout or design without our consent.
• Honor your legal obligations
• Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
• If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information.

• Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation.
• Do not use the name, logo, branding, or trademarks of Airbnb or others without permission.
• Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Airbnb branding.
• Do not offer Host Services that violate the laws or agreements that apply to you.
• Do not offer or solicit prostitution or participate in or facilitate human trafficking.

11.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting TravelBaby. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Travel Baby. If you reported an issue to local authorities. Travel Baby may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

11.3 Copyright Notifications. If you believe that Content on the  Platform infringes copyrights.

12. Termination, Suspension and other Measures.

12.1 Term. The agreement between you and Travel Baby reflected by these Terms is effective when you access the Travel Baby Platform and remains in effect until either you or we terminate the agreement in accordance with these Terms.

12.2 Termination. You may terminate this agreement at any time by sending us an email. Travel Baby may terminate this agreement  for any reason by giving you 30 days’ notice via email or using any other contact information you have provided. Airbnb may also terminate this agreement immediately and without notice and stop providing access to the Travel Baby Platform if you breach these Terms, you violate our Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Travel Baby

12.3 Member Violations. If you violate these Terms, policies, laws, regulations, or third-party rights, or Travel Baby believes it is reasonably necessary to protect Travel Baby, its Members, or third parties; Travel Baby may, with or without prior notice:

• suspend or limit your access to or use of the Travel Baby Platform 
• suspend or remove Listings, Reviews, or other Content;
• cancel pending or confirmed bookings; or

For minor violations or by Travel Baby determination in its sole discretion, you will be given notice of any intended measure by Travel Baby and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.

12.4 Legal Mandates. Travel Baby may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 12.3.

14. Modification.

Travel Baby  may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Travel Baby Platform 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 Travel Baby Platform will constitute acceptance of the revised Terms.