Terms of use

1. Ownership of the website

This website, The Home Cake (hereinafter, the “Platform”), is owned by JOSÉ FRANCISCO ANDREU GÁLVEZ, with NIF 48847398K, professional/contact address at Calle Huerto Pomares, 1, bajos, 30004 Murcia, Spain and contact email [email protected].

Accessing, browsing, and using the Platform confers user status and implies acceptance of these Terms of Use. If you do not agree to these terms, you must refrain from using the Platform.

2. What is The Home Cake and what is its function

The Home Cake It is a platform for visibility and direct contact between hosts and travelers interested in vacation accommodations.

The Platform allows users to publish ads, display information about accommodations, and facilitate communication between parties. The Home Cake It does not act as an online travel agency, does not manage the operation of accommodations and does not mediate in the collection of reservations, unless in the future a different additional service is expressly informed.

3. Platform Users

The Platform is primarily aimed at two types of users:

a) Hosts: natural or legal persons who publish holiday accommodations.

b) Travelers: people interested in checking accommodations, contacting hosts and arranging a stay directly.

The user declares that they have sufficient legal capacity to contract and use the Platform in accordance with applicable regulations.

4. Registration and user accounts

To access certain features, you may need to create an account. The user agrees to provide truthful, accurate, and up-to-date information, and to safeguard their login credentials.

The user will be responsible for the activity carried out from their account when such activity results from negligent use of their credentials or lack of diligence in their safekeeping.

The Home Cake We may request reasonable verifications when necessary to protect the security of the Platform, prevent fraud, or verify the legitimacy of an advertisement.

5. Conditions applicable to hosts

Anyone who lists accommodation on The Home Cake undertakes to:

– Publish only truthful, clear and up-to-date information.

– Use real photographs and descriptions that accurately reflect the accommodation.

– Clearly indicate capacity, layout, approximate location, conditions of stay and applicable rules.

– Only publish accommodations that comply with applicable regulations and, in particular, the registration, license or authorization requirements that may be required in each territory.

– Keep availability updated when the corresponding functionality is enabled.

– Respect the conditions of the contracted plan, if applicable.

The host is solely responsible for the content of their listing, the legality of the advertised accommodation, and compliance with any applicable tax, administrative, or other obligations.

6. Conditions applicable to travelers

The traveler agrees to use the Platform lawfully, respectfully and in accordance with its purpose.

In particular, the traveler must not:

– use the Platform for fraudulent or illicit purposes;

– to commit identity theft;

– sending offensive, discriminatory, threatening or inappropriate messages;

– posting false or malicious reviews;

– Use the Platform for commercial purposes unrelated to the search or management of a stay.

7. Contact between the parties, reservations and payments

The Platform facilitates contact between hosts and travelers, but any agreement regarding a stay is made directly between both parties.

Unless expressly stated otherwise for a specific service:

The Home Cake does not formalize the reservation on behalf of the parties.

The Home Cake It does not process, retain or hold reservation payments.

The Home Cake It does not issue refunds or compensate amounts arising from cancellations, incidents or disagreements between the parties.

– The economic, cancellation and accommodation conditions must be agreed directly between the host and the traveler.

It is recommended to use secure payment methods and to keep a written record of the agreed conditions.

8. Host plans and billing

Certain publishing and visibility features may be subject to a paid host plan.

The applicable economic conditions, duration, renewal, payment method, and scope of each plan will be displayed in the corresponding section before purchase. Unless expressly stated otherwise, the purchased plan does not guarantee a specific volume of contacts, inquiries, or bookings, but rather access to a level of visibility or functionalities determined by the plan. The Home Cake.

9. Messaging, reviews, and user-generated content

The user is responsible for the messages, images, texts, ratings and other content that they publish or submit through the Platform.

It is not permitted to publish content that:

– whether false, misleading, or inaccurate;

– infringe the rights of third parties;

– whether they are illegal, offensive, discriminatory or defamatory;

– include malware, spam, or malicious links;

– are used for purposes unrelated to the purpose of the Platform.

The Home Cake We may moderate, hide, deindex or remove content when there are reasonable indications of non-compliance with these Terms or applicable regulations.

10. Prohibited conduct

Among other uses, the following are prohibited:

– accessing or attempting to access restricted areas without authorization;

– alter, block, overload or damage the operation of the Platform;

– extracting data automatically without authorization;

– to use the brand, content or design of The Home Cake without permission;

– to introduce fraudulent, illegal or third-party advertisements without sufficient authorization.

11. Suspension or cancellation of accounts

The Home Cake may suspend, limit or cancel accounts, ads or access when there are reasonable indications of fraud, abuse, breach of these Terms, publication of illegal content or impact on the security of the Platform or its users.

Whenever possible and proportionate, the user will be informed of the measure taken and the general reason justifying it.

12. Prointellectual and industrial piety

All intellectual and industrial property rights over the Platform, its design, structure, code, distinctive signs, texts, images, databases and other proprietary elements belong to The Home Cake or its licensors.

The user does not acquire by using the Platform any rights over said elements beyond the right of use strictly necessary to browse and use the Platform in accordance with these Terms.

The user guarantees that they have the necessary rights or authorizations over the content they upload to the Platform and grants The Home Cake a non-exclusive, free and limited license to host, reproduce, technically adapt and display them within the Platform and its associated distribution channels.

13. Third-party links and external services

The Platform may include links, integrations, or references to third-party services. The Home Cake It does not control or assume responsibility for the content, policies, or services of such third parties, except where expressly provided otherwise by law.

14. Responsibility

The Home Cake The service will be provided with reasonable diligence, but the permanent availability of the Platform and the absolute absence of errors, interruptions, viruses or technical incidents are not guaranteed.

To the extent permitted by applicable regulations, The Home Cake will not be responsible for:

– the truthfulness, legality or accuracy of the content published by users;

– agreements, payments, cancellations, incidents or damages arising from the direct relationship between host and traveler;

– the decisions made by users based on the information published in the advertisements;

– damages resulting from technical failures, temporary unavailability or causes beyond the Platform's reasonable control.

Nothing in the foregoing limits liability that cannot be legally excluded or limited.

15. ProData protection and cookies

The processing of personal data is governed by the Privacy Policy and, where applicable, by the Cookie Policy of The Home Cake, available on the website itself.

16. Modifications to the Terms

The Home Cake We may modify these Terms when necessary due to legal, technical, operational, or service-related changes. The current version will be available on this page, indicating the date of the last update.

17. Applicable law and jurisdiction

These Terms shall be governed by Spanish law.

When permitted by applicable regulations, and unless another mandatory jurisdiction applies in defense of consumers and users, the parties will submit to the courts and tribunals of MURCIA.

18. Contact

For any questions related to these Terms or to report possible misuse of the Platform, you can write to [email protected] or use the contact form available on the website.