Conditions
COLLABORATION AGREEMENT FOR ACCOMMODATION PROVIDERS
This Collaboration Agreement governs the relationship between:
ON THE ONE HAND.- Day Apartment Group S.L., Tax ID No. B-87361077, with registered address at Calle Ferraz, 28, 28008 Madrid (Spain), and owner of the domain www.dayapartment.com (hereinafter, “dayApartment”),
ON THE OTHER HAND.- The property owner or manager who, after completing the registration process on the platform and expressly accepting this Agreement, becomes part of the network of collaborators (hereinafter, the “Collaborator”).
Electronic acceptance of this Agreement through platform registration constitutes full and unconditional consent.
PURPOSE OF THE AGREEMENT
This Agreement establishes the terms under which the Collaborator publishes and offers their property on www.dayapartment.com for commercialization as temporary or corporate accommodation.
dayApartment acts as an intermediary in the promotion and management of reservations between companies/final clients and the Collaborator.
REPRESENTATIONS AND WARRANTIES OF THE COLLABORATOR
The Collaborator represents and warrants that:
- They are the owner, authorized tenant, or property manager with sufficient legal authority to commercialize the accommodation.
- The property complies with all applicable national, regional, and local regulations governing temporary, tourist, or corporate rentals.
- They hold a Rental Registration Number (NRA) when required by applicable law.
- The property does not constitute the permanent residence of the final tenant and is intended exclusively for temporary and professional use pursuant to Article 3.2 of the Spanish Urban Leasing Act.
- They hold all licenses, permits, insurance policies, and authorizations required for its operation.
- They expressly authorize dayApartment to use, reproduce, and distribute images, videos, descriptions, and any materials provided regarding the property for commercial and promotional purposes, including publication on the website, social media platforms, digital marketing campaigns, newsletters, and other proprietary or affiliated communication channels, without entitlement to additional compensation.
The Collaborator assumes full legal responsibility for any failure to comply with applicable regulations.
SERVICES PROVIDED BY DAY APARTMENT
dayApartment agrees to:
- Publish the property on its platform.
- Promote the property within its corporate network.
- Manage booking requests and confirmations.
- Facilitate communication between the client and the Collaborator.
- Provide operational support when necessary.
- Manage guest identification.
- Oversee the intended use of the property.
- Carry out any additional actions necessary for the proper management of reservations.
FINANCIAL TERMS AND COMMISSION
dayApartment will apply a 10% commission on the agreed rate, unless otherwise agreed in writing.
The commission is earned once the reservation is confirmed.
The Collaborator agrees to:
- Maintain rate parity across all channels where the property is marketed.
- Not offering lower rates outside the platform that create unfair competition.
- Not charging the client any amounts that were not disclosed and agreed upon in the reservation.
QUALITY STANDARDS
The Collaborator agrees to:
- Deliver the property clean, in an orderly state, and consistent with the published photos and description.
- Provide sufficient bed linens, towels, and household essentials based on occupancy.
- Ensure utilities and equipment are functioning properly.
- Maintain smooth communication to coordinate check-in and check-out.
- Comply with the cancellation policy published on the platform.
The quality of the accommodation must align with the professional corporate housing standards promoted by dayApartment.
GUEST IDENTIFICATION AND REGULATORY COMPLIANCE
The Collaborator is responsible for:
- Collecting, registering, and retaining legally required guest information.
- Submitting information to the appropriate authorities in compliance with applicable regulations.
- Meeting all tax and fiscal obligations arising from the activity.
dayApartment shall not be liable for any failure to fulfill these obligations.
LIABILITY
The Collaborator shall be responsible for:
- Repairing ordinary wear and tear of the property and its furnishings.
- Incidents occurring during the stay, except those caused by the tenant.
- Any administrative penalties arising from their activity.
dayApartment acts solely as an intermediary and shall not be liable for the use of the accommodation.
DATA PROTECTION
Both parties agree to comply with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 (LOPDGDD).
Data provided by the Collaborator will be processed for the purpose of managing the contractual and commercial relationship.
The Collaborator agrees to:
- Use guest data exclusively for managing the stay.
- Not transfer data to third parties without legal basis.
- Implement appropriate security measures.
TERM AND TERMINATION
This Agreement is of indefinite duration.
Either party may terminate it by written notice sent to info@dayapartment.com.
Termination shall not affect previously confirmed reservations, which must be honored until completion.
dayApartment may suspend or cancel the Collaborator’s account in cases of:
- Regulatory non-compliance.
- Repeated client-related incidents.
- Failure to meet service quality standards.
- Reputational damage to the brand.
MODIFICATIONS
dayApartment reserves the right to update this Agreement to reflect legal changes or operational improvements.
Continued use of the platform after updates constitutes acceptance.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by Spanish law.
For dispute resolution, the parties submit to the Courts and Tribunals corresponding to the Collaborator’s domicile, unless otherwise required by law.
ACCEPTANCE
Registration on the platform and checking the acceptance box constitutes express agreement to this Collaboration Agreement.