General Terms & Conditions
SECTION 1. Definitions
Rental Ninja is a mobile and web product created to be a tool for the administration of different accommodation types. It uses the information of BookingSync and goes one step further by providing more tools to help the management of a rental business.
The services are the ones provided by the Rental Ninja product described above. In particular, it includes all the capabilities of information management via the Rental Ninja server that can be managed using either the mobile or the web app.
A rental business offers properties on rent for specific dates, seeking customers, managing all requests and reservations (customer care, booking payments, logistics and guests' reception).
The rental team is comprised by the people making rentals possible.
BookingSync refers to the channel manager that synchronizes rentals coming from all the different rental platforms. This service is provided by the company of the same name. This service is orientated to rental business companies. To know exactly what BookingSync can do for you, please consult www.bookingsync.com/ website.
A “rental” or an “accommodation” is any place to live or stay, for holidays or for longer periods, that is available for rent. There are many property types, from a house, a flat, an apartment, a room, a bungalow or any other kind.
A “booking” is an act of reserving accommodation, which is carried out through a booking agreement. The parties to this agreement are, on the one hand, a rental business and, on the other, the customer who confirmed the booking.
The App refers to any of the two components of the Rental Ninja product. It can be the Mobile Application -that can be downloaded from your app provider on your mobile phone- or the Web Application -that can be used via any web browser-. Thus, “the Apps”, refer to both applications, mobile and web.
The User is any person that makes use of any component of the Rental Ninja product, Mobile or Web App. There are different User categories depending on the role they play in the rental business.
SECTION 2. Introduction
ARTICLE 1. Purpose of Rental Ninja Rental Ninja is a multilingual product whose purpose is to be an Administration Tool for companies or any type of organization that rents any kind of accommodation. In fact, only organizations using the service called BookingSync can have access to Rental Ninja. The app provides access to the bookings information, allowing the User to add and modify certain things (depending on its role and permissions). In addition, there are a number of services that help the rental managers to improve their performance in the business. So the aim is to provide the rental team with a tool that allows them to work in a synchronized and organized manner and that enables them to keep the operational information of the business actualized and handy.
ARTICLE 2. Application of the Terms & Conditions When using any of the Rental Ninja products, the User agrees to be bound by these Terms & Conditions. The Visitors and Users who proceed on Rental Ninja are all bound by the present Terms & Conditions. Rental Ninja reserves the right to modify at any time any of the Apps, Rental Ninja Services, the Terms & Conditions and the Regulations.
ARTICLE 3. Ownership of Rental Ninja The general structure of Rental Ninja, as well as the texts, graphics, images, sounds and videos composing it, are property of Rental Ninja. Any representation and / or reproduction and / or partial or total exploitation of the contents and services offered by any of the Apps and / or any act of similar nature and outcome, by any means whatsoever, without the prior written authorization of Rental Ninja is strictly prohibited constitutes an infringement of the present Terms & Conditions. All intellectual property rights in all computer programs, as well as any updates, new versions and copies of such programs made available to Users through any of the Apps are and will remain the property of Rental Ninja or its assignees, successors or assigns and no title thereto is transferred to the Users. The Rental Ninja name and the Rental Ninja logos are property of Pol Batlló Casadesús with VAT number ES47736752E. This means that they are protected by the rights enshrined in the RDL 1/1996 of 12 April, on the Law on Intellectual Property. Rental Ninja may contain hypertext links to other sites on the Internet. Links to these other sources will remove the User from Rental Ninja. It is possible to create a link to the website app. However, Rental Ninja reserves the right to request the deletion of a link that it considers to be inconsistent with the purpose of the Web App.
ARTICLE 4. Hosting The Rental Ninja products use Digital Ocean (www.digitalocean.com/legal/terms/) of Digital Ocean Inc as server and database provider. This means that most of your information in the BookingSync server and some information you upload via Rental Ninja will be hosted on the servers of that provider. However, photos and other files are not stored by Digital Ocean but managed. These files are stored in Amazon S3, a product by Amazon.com Inc (aws.amazon.com/legal/?nc1=f_cc). In addition, any image uploaded from the Rental Ninja Mobile App will be done via Firebase, a Google Inc product (www.firebase.com/docs/). Instead, any image uploaded from the web app, will not go through Firebase. We also use a real-time image processing service called imgIX, from Zebrafish Labs, Inc (www.imgix.com/terms). Apart from processing the images it also saves a copy of them. Information about the User of both Apps is also treated by Drift (Drift Inc., https://www.drift.com/terms-of-service/) to provide customer service and direct help. Finally, Mobile App User usage information is sent to Bugfender by Beenario GmbH (bugfender.com/terms-of-service/) in order to treat this information as feedback for Rental Ninja to improve his product.
SECTION 3. Use of Rental Ninja
ARTICLE 5. General Considerations Rental Ninja is committed not to share any of the information of any User (personal or business data) to other parties not described here. However, the information is stored in the different providers as described, according to their terms and conditions. By accepting these terms & conditions you accept Rental Ninja to have access to your BookingSync information. Therefore, it will be incorporated to the Rental Ninja database. In addition, you also authorise Rental Ninja to use the described data management system with your information. This means accepting the terms and conditions of the described products of the companies (see links attached). Rental Ninja will not be responsible of any illegal activity carried out by the described providers with the information uploaded by the User. Rental Ninja will also not be responsible of any damage caused to any physical or legal person whatsoever because of the use of information taken from any of the providers described above without the authorization of Rental Ninja.
ARTICLE 7. Deletion of User Account Deletion of a User account is carried out by written request, signed manually, sent by registered mail to Rental Ninja (email@example.com), with a copy of the User's identity card. Deleting the User account terminates the existence of the account in the Rental Ninja database. Removing the User account has no effect on:
- The current Rental Ninja housing rentals;
- The Data necessary for the provision of the Rental Ninja Services, which shall be retained;
- Contractual relations submitted to Rental Ninja services.
In the event of cancellation of his/her account, the User will nevertheless continue to receive communications related to the Rental Ninja Services by e-mail, Rental Ninja being under the legal obligation to notify the Users of any events concerning the Rental Ninja rentals currently being enforced to which the User was previously party.
ARTICLE 8. Intellectual Property Users retain any intellectual property rights they hold on documents, images, sounds or other material they send on Rental Ninja. Users, however, grant Rental Ninja all licenses necessary for the provision of Rental Ninja services, free of charge. Nevertheless, we invite you to refer to Article 4 above to know more about how information is managed.
ARTICLE 9. Payment When purchasing the product via (https://rental-ninja.com/), your payment details will be delivered to the payment processing provider indicated in the moment of the payment with the only objective of making the payment to Rental Ninja. This data may be stored for repetitive payments of the product according to the payment plan chosen by the User. The User will also accept the payment plan which will depend on variables such as the number of rentals of its rental business. This plan will be presented during the payment and the information delivered with each invoice.
SECTION 4. General Obligations of Users
ARTICLE 10. Declaration of Accuracy of Information Users declare and warrant that all information provided when submitting Property or joining Rental Ninja is accurate and up-to-date in all material respects on the date it is provided or, date to which they relate. Users must at all times ensure that their personal data (forenames, names, addresses, company name, telephone numbers, email addresses) are accurate and up-to-date; otherwise, the Rental Ninja service may not be provided to them. Rental Ninja will not be held liable in any way as to this regard. In all cases, in accordance with the Regulations and the Terms of Service, the User concerned is responsible for the accuracy of its data and assumes solely and entirely the consequences of any inaccuracy. If Users update information, Rental Ninja may retain a copy of their original information in their records.
ARTICLE 11. Notifications Users agree to receive notifications and communications from Rental Ninja through: e-mail and notifications via any of the Apps.
ARTICLE 12. Compliance with the rules in force Each Visitor has, in general, obligations:
- to respect the laws and regulations in force;
- not to use Rental Ninja for illegal or abusive purposes or to behave unfairly;
- to respect the intellectual property rights relating to the contents provided by the Company and the Users on the Site;
- to communicate only accurate and faithful data relating to his or her personal details,
- to make no commitment in name of a third party without its consent or due representation.
ARTICLE 13. Violation of the Terms & Condition In the event of violation of the conditions of access to Rental Ninja and use of the Services offered on any of the Apps, Rental Ninja reserves the right to suspend access to Rental Ninja and use of the Services to those Users.
SECTION 5. Personal data
ARTICLE 14. General Policy All processing of the personal information communicated on Rental Ninja is carried out under the responsibility of Rental Ninja. The User expressly consents to the use by Rental Ninja of all the data communicated on Rental Ninja and / or collected by Rental Ninja. See Article 4 of these terms and conditions to know more about how information is managed.
ARTICLE 16. Data processing Rental Ninja uses the information collected as a priority to provide Rental Ninja Services, process payments and communicate with Users, maintain and update files and User accounts. The information collected by Rental Ninja also helps to customize and continually improve the Rental Ninja Services. Rental Ninja may also use this information to improve any of the Apps, prevent or detect fraud / abuse or allow third parties to intervene on behalf of Rental Ninja - for instance to develop or improve the Rental Ninja Service. Please refer to Article 4 above for more information on how information is managed. The User has a right of access, rectification and deletion of the personal data concerning him/her. The User may exercise this right by contacting the publishers of Rental Ninja with the contact details or by e-mail at the address (firstname.lastname@example.org). The processing of data shall be limited to personal data, collected and processed in a fair and lawful manner, for specific, explicit and legitimate purposes and are not subsequently treated in a manner incompatible with those purposes. Rental Ninja may provide for further processing of data for statistical or scientific research purposes consistent with the initial purposes of data collection.
ARTICLE 17. Storage of Data Users expressly consent to their data being stored in the member countries of the European Union, EFTA, NAFTA, as well as in their State of residence and in the States where Rental Ninja is present.
ARTICLE 18. Third-party providers Rental Ninja may mandate third parties to provide certain data processing services, including database clean-up, mail-out and other similar services. See Article 4 above for more information on the third-party providers of Rental Ninja. These third parties will have access to the information necessary for the proper performance of their services; use for any other purpose is excluded. In the performance of their duties, third parties are subject to the obligation of confidentiality during and after the duration of the service. In such cases, personal information will be processed in accordance with applicable laws and Terms & Conditions. Any third party provider (the "Third Party") will be subject to the following confidentiality clause:
- The electronic media and documents provided by Rental Ninja to the Third Party remain the property of Rental Ninja.
- The data contained in these materials and documents are strictly covered by business secrecy and professional secrecy. The same applies to all data of which the Third Party takes cognizance in connection with the execution of this contract.
- The Third Party undertakes to take all necessary precautions in order to preserve the security of the information and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.
- Rental Ninja is therefore committed to enforce the following obligations by any Third Party:
- not take any copy of the documents and information carriers entrusted to him, except those necessary for the execution of this service provided for in the contract, the prior agreement of the master of the file is necessary;
- not use documents and information processed for purposes other than those specified in the contract;
- not to disclose such documents or information to other persons, whether private or public, natural or legal persons;
- take all measures to prevent any misuse or fraudulent use of computer files during the execution of the contract;
- take all security measures, including material measures, to ensure the preservation and integrity of documents and information processed during the term of the contract; and
- at the end of the contract, to destroy all manual or computerized files storing the information entered.
As such, the Third Party may not subcontract the performance of the services to another company, nor proceed to a transfer of the contract without the prior agreement of Rental Ninja. Rental Ninja reserves the right to carry out any verification which it deems useful in order to establish compliance with the aforementioned obligations by the Third Party. In the event of non-compliance with the above provisions, the liability of the holder may also be incurred on the basis of the criminal law in force. Rental Ninja may terminate the contract immediately, without compensation to the Third Party, in the event of breach of business secrecy, professional secrecy or non-compliance by the Third Party.
ARTICLE 19. Data Security Rental Ninja providers ensure physical and technical security and uses backup procedures to process the collection, retention, transmission and use of the collected data. Security procedures may require Rental Ninja to ask Users for proof of identity, including a copy of their identity card / passport. Users are encouraged to protect their computers, tablets, smartphones, or other similar devices, as recommended by recognized organizations, to prevent malware infections and to prevent unauthorized use by unauthorized persons.
ARTICLE 20. Disclosure of Information The data of the User may be communicated upon requisition by the judicial authorities. In the context of a Rental Ninja rental, and in accordance with the Rules, Users expressly consent to the disclosure of the rental Data to all persons involved in such rental, including Parties and Rental Ninja technicians. Rental Ninja may also disclose such information to third parties if such disclosure is necessary to enforce the Rental Ninja Arbitration Terms & Conditionso to protect Rental Ninja's rights or the integrity of the Website, or to protect rights of other Users. The disclosure will then be limited to the relevant elements and the information disclosed shall not be used for purposes other than those that have made the disclosure necessary.
SECTION 6. Liability
ARTICLE 21. Security and Access to Rental Ninja Rental Ninja takes all necessary precautions, in view of the nature of the data and the risks presented by the processing, to preserve the security and integrity of the data and, in particular, to prevent them being corrupted or compromised. In the event of unavailability of the Services, Rental Ninja will ensure the proper safeguarding of the rights of the Users in relation to the proceedings in progress, as well as the maintenance of fairness between the parties.
ARTICLE 22. Liability exclusion
- To the extent permitted by the law, Rental Ninja (and those with whom Rental Ninja works in order to provide the Rental Ninja Services):
- Does not make any express or implied warranty (e.g. quality, adequacy to a particular use, accuracy of data, no counterfeits);
- Does not guarantee that the services shall operate without interruption or without error;
- Provides its services, along with the content and information, “as such” and “as available”.
- Rental Ninja does not accept liability for:
- Interruption of any of the Apps for technical maintenance or update of published information or temporary unavailability of Rental Ninja Services due to technical reasons, irrespective of the cause.
- Economic losses incurred by a User, whether loss of earnings, net loss, loss of an opportunity or any other form of loss. Indirect losses are, in any event, not compensated.
- Direct or indirect prejudices incurred by a User, irrespective of its nature, resulting from the content of the Website, the User’s access thereto or the use of the Apps belonging to Rental Ninja.
- Uses of Rental Ninja for other purposes than those foreseen in the Rules and the Terms & Condition.
- Unlawful use of Rental Data by a Party or third persons. This notwithstanding, the victim shall have the right to file a claim against the author of the unlawful use.
- The content of Apps or websites, which Rental Ninja website (https://rental-ninja.com/) and Mobile App have a hyperlink pointing to.
- Abusive or unlawful use of Rental Ninja’s App or websites. The author of such actions is solely and entirely responsible for the damage caused to third parties and, or, to Rental Ninja, and for the consequences of the subsequent complaints and/or lawsuits that may ensue. Users furthermore forego any right or claim against Rental Ninja, if they are sued by a third party for their unlawful / abusive use of Rental Ninja’s App or websites.
- Should a Tribunal hold the above limitations to be unenforceable, Rental Ninja’s liability shall be limited to the amount of two thousand EUROS.
- Gross negligence and fraud are reserved.
SECTION 7. Miscellaneous provisions
ARTICLE 23. Severability Should a provision of the Terms & Conditions be void or otherwise unenforceable, irrespective of the cause, the validity or the other provisions of the Terms & Conditions shall not be affected.
ARTICLE 24. Non-waiver The non-enforcement of a right shall not be construed as a waiver of that right. The non-enforcement by Rental Ninja of a right in a specific case does not prevent Rental Ninja from enforcing that right in another case.
ARTICLE 25. Acceptance of the Terms & Conditions All Users/Visitors confirm having read the Terms & Conditions and legal information of the Rental Ninja product and confirm accepting them.
SECTION 8. Applicable law and jurisdiction
ARTICLE 26. Applicable law The Terms & Conditions, as well as all contractual relationships or other interactions with Rental Ninja, its Mobile App and/or website (https://rental-ninja.com/), are solely governed by Spanish law.
ARTICLE 27. Jurisdiction Failing to reach an amicable settlement, any dispute arising out of, or in connection with, the Terms & Conditions or Rental Ninja’s activity in general, shall be submitted to the exclusive jurisdiction of the courts of Barcelona, Spain.