Domus Aedes — Unified Legal Terms

Privacy Policy · Terms of Service · Cookie Policy

Who We Are: Contracting Entities & Data Controllers

The Domus Aedes brand operates through two distinct legal entities. The entity you contract with and the primary data controller for your information depends on the location of the property and the services provided.

• For properties in Spain & the European Union: Domus Aedes SP, S.L. (“Domus Aedes SP”) Company ID (CIF): B21771068 Registered Address: Barcelona, Spain.
• For properties in Morocco: Domus Aedes MA, S.A.R.L. (“Domus Aedes MA”) Company Register (RC): 619007 Registered Address: Casablanca, Morocco.

Hereinafter, "Domus Aedes," "we," "us," or "our" refers to the relevant entity (Domus Aedes SP or Domus Aedes MA) with which you have a contractual relationship. For global marketing, brand management, and initial inquiries, both entities may act as joint data controllers. For specific service delivery (e.g., a stay, property management), the entity in the property's jurisdiction acts as the primary data controller.

General Contact: [email protected] Phone: +34 930 344 610

Scope & Applicability

These terms apply to all users of our Services, including website visitors, guests, property owners, suppliers, and any individual or entity interacting with us through our website, contact forms, email, WhatsApp, telephone, or social media channels (collectively, the “Services”).

A. General Terms of Service

1. Acceptance of Terms

By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Unified Legal Terms. If you do not agree with any part of these terms, you must not use our Services.

2. Eligibility and User Accounts

You must be at least 18 years of age and possess the legal capacity to enter into binding contracts to use our Services. If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Permissible Use

You agree not to use the Services for any unlawful purpose or in any way that could damage, disable, or impair the Services. Prohibited activities include, but are not limited to: data scraping, reverse engineering, introducing malicious code, interfering with security features, and posting defamatory, obscene, or fraudulent content.

4. Intellectual Property Rights

• Our Content: All content on our website, including text, graphics, logos, images, and software, is the property of Domus Aedes or its licensors and is protected by international copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, revocable license to access and use the Services for personal, non-commercial purposes.
• User Content: By submitting content to us (e.g., reviews, photos, feedback), you grant Domus Aedes a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, modify, distribute, and display such content in connection with our business operations and marketing, subject to our Privacy Policy. You warrant that you own or have the necessary rights to the content you submit.

5. Third-Party Services and Links

Our Services may integrate with or contain links to third-party websites or services (e.g., booking platforms, payment gateways like Stripe, social media). We do not control and are not responsible for the content, privacy policies, or practices of any third parties. Your use of third-party services is subject to their respective terms and conditions.

6. Pricing and Availability

All prices are displayed with applicable taxes included unless explicitly stated otherwise. We strive for accuracy but reserve the right to correct any obvious errors in pricing or availability. In such cases, we may, at our discretion, cancel a booking and issue a full refund or offer you the option to keep the booking at the corrected price.

7. Disclaimer of Warranties & Limitation of Liability

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Domus Aedes disclaims all warranties, express or implied. Our total aggregate liability to you for any claims arising from or related to the Services is limited to the greater of (a) one hundred Euros (€100) or (b) the total fees you paid to us in the 12 months preceding the event giving rise to the claim. This limitation does not apply to liability resulting from our gross negligence, willful misconduct, or for death or personal injury.

8. Indemnification

You agree to indemnify, defend, and hold harmless Domus Aedes and its affiliates, officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your breach of these Terms or your use of the Services.

9. Governing Law and Jurisdiction

These Terms are governed by the laws of Spain. For any disputes, you agree to the exclusive jurisdiction of the courts of Barcelona, Spain. This does not affect any mandatory consumer protection rights you may have in your country of residence. For services related to properties in Morocco, issues directly concerning the property may be subject to Moroccan law.

B. Guest Terms (Direct Bookings)

1. Booking Agreement

When you book a property directly with us, you enter into a temporary accommodation agreement with the corresponding Domus Aedes entity for that location (Domus Aedes SP for Spain/EU; Domus Aedes MA for Morocco). This agreement is subject to these terms, the house rules, and any specific conditions stated in your booking confirmation.

2. Guest Identity and Occupancy

The lead guest making the booking must be at least 18 years old and provide valid government-issued identification upon request or during online check-in. All guests must be registered, and the maximum occupancy limit for the property must be respected at all times.

3. Payments and Security Deposits

Rates typically exclude local tourist taxes and cleaning fees unless specified. A security deposit may be required to cover potential damages, excessive cleaning needs, or breaches of house rules. This deposit is refundable after a satisfactory post-stay inspection, in accordance with applicable law.

4. House Rules and Guest Conduct

All guests must comply with the property’s house rules. Unless explicitly permitted, parties, events, and smoking are strictly prohibited. Quiet hours must be observed. Pets are only allowed with prior written authorization. Any illegal activity will result in immediate termination of the stay without a refund.

5. Damages and Liability

The guest is liable for any damage caused to the property or its contents by them or their party. Costs for repair or replacement will be charged to the guest, potentially deducted from the security deposit, and supported by evidence (photos, invoices). Domus Aedes is not liable for the loss or theft of personal valuables.

6. Cancellation Policy

The cancellation policy applicable to your booking will be clearly stated at the time of reservation and in your booking confirmation. We recommend obtaining travel insurance.

7. Force Majeure

Neither party shall be liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, or other natural disaster), war, invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, or other events beyond the reasonable control of the parties.

C. Owner Terms (Property Management & Fixed Rent)

1. Service Models

We partner with property owners under two primary models: (i) a Management Model, where Domus Aedes acts as an agent on behalf of the Owner, who remains the service provider; or (ii) a Fixed Rent Model, where Domus Aedes leases the property and operates it as the primary service provider.

2. Owner Warranties and Obligations

You warrant that you have full legal title or authority to offer the property for short-term rental, that it complies with all local laws, regulations, and licensing requirements, and that it is adequately insured. You are responsible for all tax obligations related to the rental income.

3. Marketing and Content Authorization

You grant Domus Aedes the authority to market the property across various channels, set dynamic pricing, and create promotional content. This includes the right to professionally edit, enhance (including through AI tools), and use photos and descriptions of the property without material misrepresentation.

4. Fees, Payments, and Invoicing

Our commission and payment structure are detailed in our separate Property Management Agreement. Typically, for the Management Model, our commission (e.g., 30% + VAT/IVA) is calculated on the gross booking value. Invoices are issued monthly and are due within a specified timeframe.

5. Damages and Guest Claims

Domus Aedes will act in good faith to manage guest relations and seek recovery for damages. However, we do not guarantee the recovery of costs from guests.

6. Data Protection Roles

In the Management Model, the Owner is the Data Controller, and Domus Aedes is the Data Processor, governed by a Data Processing Addendum (DPA). In the Fixed Rent Model, Domus Aedes is the Data Controller for guest data.

7. Termination

Either party may terminate the agreement for a material breach that is not remedied within a reasonable notice period (e.g., 15 days), or as otherwise specified in the Property Management Agreement. All outstanding fees remain due upon termination.

8. Limitation of Liability

Domus Aedes' aggregate liability to an Owner is limited to the total management fees paid by the Owner in the 12 months preceding the claim, excluding cases of fraud, gross negligence, or bodily injury.

D. Privacy Policy (GDPR · LOPDGDD · Law 09-08)

1. Data Controller

As detailed in the "Who We Are" section, the Data Controller is either Domus Aedes SP, S.L. (for EU/Spain properties) or Domus Aedes MA, S.A.R.L. (for Morocco properties). For certain global processing activities, they may act as Joint Controllers. Contact: [email protected]. We have not appointed a mandatory Data Protection Officer, but our privacy team can be reached via this email.

2. Personal Data We Process

• Identity & Contact Data: Name, surname, email address, phone number, physical address, copy of ID/passport (where legally required).
• Booking & Financial Data: Stay dates, property details, payment information (processed via secure PCI-DSS compliant gateways like Stripe), transaction history, preferences.
• Owner & Supplier Data: Contractual information, bank account details, tax identification numbers, invoices.
• Technical & Usage Data: IP address, browser type, device information, website usage patterns, and data collected via cookies.
• Special Categories of Data: We only process sensitive data (e.g., health information for accessibility requests) when provided voluntarily by you and with your explicit consent, implementing enhanced safeguards.

3. Purposes and Legal Bases for Processing

4. Data Sharing and International Transfers

We may share your data with:

• Service Providers (Processors): IT hosting, payment processors (Stripe), communication platforms (WhatsApp), cleaning and maintenance teams (with minimal necessary data).
• Booking Platforms: If you book through a third party like Airbnb or Booking.com, we share data with them as necessary to manage the reservation.
• Public Authorities: We are legally required to share guest information with police (e.g., Guardia Civil, Sûreté Nationale) and regional tourism authorities.

When you book a property in Morocco, your personal data will be processed by Domus Aedes MA in Morocco. This transfer from the EU is necessary for the performance of your accommodation contract (GDPR Art. 49(1)(b)). For other transfers outside the EEA, we rely on Adequacy Decisions or implement safeguards like the EU Standard Contractual Clauses (SCCs).

5. Data Retention

We retain personal data only for as long as necessary to fulfill the purposes for which it was collected, including for legal, accounting, or reporting requirements. Key retention periods:

6. Your Data Protection Rights

Under GDPR, you have the right to: Access, Rectify, Erase, Restrict Processing, Data Portability, and Object to processing. You can also withdraw consent at any time. To exercise these rights, please email us at [email protected].

7. Data Security

We have implemented appropriate technical and organizational security measures to prevent your personal data from being accidentally lost, used, accessed in an unauthorized way, altered, or disclosed. In the event of a data breach that is likely to result in a high risk to your rights and freedoms, we will notify you and the relevant supervisory authority as required by law.

E. Cookie Policy

1. What are Cookies?

Cookies are small text files stored on your device when you visit a website. They help the site function correctly, remember your preferences, and gather analytics. We also use similar technologies like pixels and local storage.

2. How We Use Cookies

• Strictly Necessary Cookies: Essential for the website to function (e.g., session management, security). These do not require your consent.
• Analytics/Performance Cookies: Help us understand how visitors interact with our website by collecting anonymous information (e.g., Google Analytics).
• Marketing Cookies: Used to track visitors across websites to display relevant ads and measure campaign effectiveness (e.g., Meta Pixel, Google Ads).
• Functionality Cookies: Enable enhanced functionality and personalization (e.g., remembering language preferences, embedded maps).

3. Managing Your Consent

When you first visit our website, a cookie banner will appear, allowing you to accept all cookies, reject non-essential cookies, or customize your preferences. You can change your settings at any time by clicking the "Cookie Settings" link in our website footer.

4. Cookie Table

You can also control and block cookies through your browser settings. However, blocking necessary cookies may affect the website's functionality.

F. Miscellaneous Provisions

1. Amendments

We reserve the right to modify these terms at any time. We will post the revised terms on this page and update the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new terms.

2. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms will otherwise remain in full force and effect.

3. No Waiver

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights.

4. Entire Agreement

These terms, together with any other policies or agreements referenced herein (like a specific Property Management Agreement), constitute the entire agreement between you and Domus Aedes regarding the Services.

© Domus Aedes SP, S.L. & Domus Aedes MA, S.A.R.L. All rights reserved.