Legal

Host & Provider Agreement

Draft for legal review. This agreement is not in force yet.

This agreement sets out how LocalKurb works with the hosts and service providers who offer accommodation and services on our platform: our fees, how offers are ranked, when and why we can restrict or end access, what data you receive, and how to complain. Please read it together with our Terms of Service.

Who This Agreement Covers

This agreement applies to you if you offer accommodation or services to guests and customers through LocalKurb as a host or as a service provider.

Covered:Accommodation, and services such as food and dine-in, cleaning, maintenance, mobility, tickets and experiences, and appointments.

Not covered:Couriers and referral partners. This agreement does not apply to them.

Independent business:You run your own business. The contract for your accommodation or service is between you and your customer. LocalKurb is not a party to it.

EU rules:To the extent that Regulation (EU) 2019/1150 on fairness and transparency for business users of online intermediation services applies to our services, this agreement is meant to meet its requirements.

If our terms differ:If this agreement and our Terms of Service, Company Policy or Cancellation Policy say different things about a matter covered here, this agreement applies to you.

Changes to This Agreement

We may need to change this agreement, including our fees. This is how that works.

Notice:We tell you about a change by email to the address on your account at least 15 days before it takes effect. If you need more time to adjust, for example because the change requires technical or commercial work on your side, we give you a longer notice period.

Your right to leave:You can end this agreement at any time during the notice period, before the change takes effect.

When a change applies:A change applies from the date stated in our notice. It can apply earlier only if you tell us that you accept it, or you clearly show it by an action, such as publishing a new listing.

Immediate changes:We can change this agreement without a notice period only if the law or an authority requires it, or to deal with an unforeseen and imminent danger such as fraud, malware, spam, a data breach or another cybersecurity risk.

No retroactive changes:A change does not apply to what happened before it took effect, unless the law requires that or the change is in your favour.

Fees and Payments

LocalKurb earns its money through a commission. Payments on the platform are processed by Stripe.

See worked examples of these fees, using today's real rates, on our Fees Explained page.

Commission:We charge a commission on the bookings and orders you receive through LocalKurb. The commission that applies to you, and any other fee, is shown in your account and forms part of this agreement.

Stripe:Customers pay through Stripe. To receive payments you need a Stripe account connected to LocalKurb, and you must complete Stripe's checks before you can publish a listing, offer a service or be paid. Stripe's own terms apply to your use of Stripe.

Payment fee:Besides our commission, you bear the cost of accepting card payments, shown as its own line, separate from the commission. Depending on the setting shown in your account, it is either Stripe's real fee for that payment ("Stripe fee") or a fixed amount set to cover Stripe's highest card price ("Payment processing fee"); either way, it is what accepting cards costs, not part of what LocalKurb earns.

Payouts:We deduct our commission and fees from each payment. The rest becomes payable once the booking or order has taken place, and is paid out after a waiting period shown in your account; your first payout waits longer, also shown in your account. Whatever else this section says, we pay out no later than 85 days after the original payment, to stay within the limit Stripe sets on how long a payout can wait.

Holds and pauses:We can delay your payout, for these reasons only, until they are resolved: a refund request on the booking or order that you have not yet answered, an open card dispute on its payment, or your account being suspended (section 7). We can also pause payouts to every seller for a limited time, for example to look into a suspected problem or to comply with a legal requirement; the 85-day limit above still applies.

Refunds and disputes:When a booking or order is refunded, we return our own commission and payment fee on the refunded part, shown on a credit note. Any fee Stripe itself keeps on that refund, and Stripe's fee on a card dispute, are yours to bear, each shown as its own line. Your commission invoices and credit notes are available to download from your account.

Payout fees:Each time we pay you out, you bear what Stripe charges for making that payout ("Stripe payout fee"); your first payout in a calendar month also carries a small "Stripe monthly account fee". Both are shown with the VAT described below.

Amounts you owe us:When a refund, a dispute or a fee above is larger than what we can take from the same payment, the difference becomes an amount you owe us. We recover it from your later sales, a part at a time; if it is still unpaid after 30 days we may write it off or ask you for it directly.

VAT on our fees:We add VAT to our own commission and fees at the standard Spanish rate (21%, unless our accountant tells us otherwise), shown as its own amount on every sale and on your invoice.

Your own taxes:You are responsible for the VAT and any other tax on your own sale to the customer. For a property stay, you choose in your account whether you charge VAT (10%) or are exempt because you provide no hotel-type services such as reception, cleaning during the stay, regular linen change or meals; the exemption has an end date, after which you must choose a rate. The law may require us to collect information from you and to report certain information about you and your sales to tax authorities.

Where we operate:We do not currently support sellers or listings in the Canary Islands, Ceuta or Melilla: those territories are outside Spanish VAT and use a different tax.

Delivery by courier:When your offer includes LocalKurb's delivery service, the delivery fee is set by LocalKurb and paid by the customer to LocalKurb directly; it is not part of your own payment and does not appear in your payout. Couriers are not covered by this agreement (section 1); their own payment terms are separate and not yet published.

Changes to fees and payout timing:A change to the commission, to any other fee, or to the payout timing in this section is a change to this agreement and follows the notice rules in section 2.

Card payments in person:When you take a card in person through LocalKurb (Quick Pay or the POS register, with Tap to Pay, a card reader or a countertop reader), the payment fee in item 3 applies in the same way. With the "Stripe fee" setting it is Stripe's real fee for that payment: in Spain, Stripe's price for cards from the European Economic Area taken in person is 1.4% + €0.10, and Tap to Pay adds €0.10 per authorization. Cash taken at the POS register carries no commission and no payment fee.

Cancelling a paid booking:If you cancel a booking the customer has already paid, the customer receives a full refund and you pay a cancellation fee, taken from your payout. For a stay, the fee is a share of the stay's price without tourist tax: 10% if you cancel more than 30 days before check-in, 25% from 30 days until 48 hours before check-in, and 50% within 48 hours of check-in or later. For car rental, cleaning, maintenance, other services and tickets, the fee is €25 per booking, or €50 within 24 hours of the booked time. Food orders carry no cancellation fee. The cancellation is also noted on your listing, with how far ahead it was made. For a stay, we waive the fee and the note when we accept a proven case of force majeure.

How Your Offers Are Ranked

There is no single ranking on LocalKurb. What a customer sees first depends on the kind of offer and on how the customer searches. These are the main parameters and why they matter.

Stays:Stays are shown newest first, so that new listings get seen. When a customer searches a place or shares their location, the nearest stays come first, because closeness matters to most customers. Customers can narrow the results by dates, number of guests, pets, minimum rating and text.

Services: browsing:When a customer browses the services pages without searching, providers that LocalKurb has featured come first. Then the nearest come first, if the customer's location is known. The rest is shown in an order that is reshuffled at every visit, so that visibility rotates between providers.

Services: searching:When a customer searches, featured providers come first, then the nearest. If no location is known, providers are ordered by average rating and their services by name (tickets by date). Customers can also sort by distance, rating or price.

Photos:In the default view of the services pages, offers with their own photo come first, then offers that only show the provider's banner or logo, then offers without an image. Within each group, providers take turns.

Ratings:Ratings from customers with completed bookings count when customers sort by rating, when they filter by a minimum rating, and when providers are ordered in a search without a location.

What you can influence:You influence how you are found by keeping your offer accurate and complete: your text and search keywords, your location, your photos and the ratings you earn.

No paid ranking:You cannot pay for a better position. Featured providers are chosen by LocalKurb and are not for sale.

When your offer is shown:An offer is shown and can be booked only if it is active and complete and has passed the checks that apply to it, such as the registration review for stays in Spain, verification for car rental, and completed payment set-up.

How We Promote Your Offers

Besides search on LocalKurb, your offers reach customers in these ways.

Public pages:Your offers are shown on our website and on your public storefront page, which you can share by link. Search engines and other automated services can read these public pages.

Highlights:We may feature providers on our homepage or in our own communications. We choose them ourselves. It is not for sale.

Referral programme:LocalKurb runs a referral programme. Referral partners share a code. When a host or provider signs up with a partner's code, the partner earns a commission on that host's or provider's transactions for a limited period. LocalKurb pays this commission. It is not deducted from your payments. Referral partners can see your name, your email address and the commission earned per booking.

Services LocalKurb Offers

LocalKurb offers a few services of its own next to the platform.

Delivery:LocalKurb offers a delivery service for orders, carried out by independent couriers. LocalKurb sets the delivery price, and the customer pays it to LocalKurb. You decide whether to offer LocalKurb delivery, to deliver yourself, or not to offer delivery.

Tools:We also offer optional tools, such as guest identity checks for stays, an assistant that answers questions about the platform, and a support desk.

No competing offers:LocalKurb does not offer its own accommodation or services on the platform in competition with you, apart from the delivery service above.

Differences in treatment:We treat sellers alike, with these differences: featured providers (section 4), the checks that apply to each kind of offer (section 7), and the features available in your account.

Card readers:Where available, LocalKurb sells Stripe card readers to you in your account (Integrations). The price, with VAT where it applies, is shown before you order and is paid by card when you order; LocalKurb orders the reader from Stripe only after your payment. You can cancel an order with a full refund until LocalKurb has placed it with Stripe. You can return a reader within 30 days of delivery if it is unused and in its original packaging; no returns are accepted after that. A defective reader is covered by Stripe's one-year limited warranty, which LocalKurb claims for you. Each sale has its own invoice.

Restricting, Suspending or Ending Your Access

We can restrict or suspend your listings, services or account, or end this agreement, only for the reasons below, and we tell you the reason in writing.

Law or authority order:A law, a court or a public authority requires it, for example an order to remove a listing.

Registration and licences:A registration or licence number is missing, invalid, withdrawn or cannot be checked, or the details of a listing in Spain changed and have not been checked again.

Checks and documents:You do not complete, or you fail, a verification or compliance check that applies to you, such as identity, tax details, documents or payment set-up.

Unpaid amounts:You do not pay amounts you owe to LocalKurb.

Breach and misuse:You breach this agreement, our Terms of Service or the law, or you misuse the platform, for example through fraud, misleading offers or unsafe conduct. Repeated breaches can lead to the end of this agreement.

Security:Your account or offers put the security of the platform, its customers or other sellers at risk.

What we can do:Depending on the reason, we can take a listing or service offline, hide it from search, stop new bookings, limit features, suspend your account, or end this agreement. Taking a listing offline does not cancel bookings that were already made.

Reasons in writing:When we restrict or suspend a listing, service or account, we send you a statement of reasons by email at the latest when the restriction takes effect. It names the facts and circumstances behind our decision.

Ending the agreement:If we end this agreement, we send you a statement of reasons at least 30 days before it takes effect. We can end it sooner if the law or an authority requires it, if an imperative reason under law makes it necessary, or if you have repeatedly breached this agreement.

Your chance to respond:You can give us your side and ask us to review any decision through our complaints process (section 11). If we find that we were wrong, we reinstate you without undue delay, including your listings and data.

Ending the Agreement Yourself

You can stop using LocalKurb at any time.

Closing your account:Ask us to close your account through the support desk, or by contacting us as described in our Privacy Policy.

What we keep:After you close your account we keep only the records that we need or must keep by law, such as financial and tax records (typically for 5 to 6 years in Spain, as our Privacy Policy explains) and records of our own decisions.

Your data:Before you leave, you can download your earnings history from your dashboard. For other data, you can ask us for a copy under our Privacy Policy. After the agreement ends you no longer have access to your account or to customer data, except copies you saved.

Your content:You keep the rights to the texts, photos, logos and other content you upload. You allow LocalKurb to store, show and promote that content on the platform and in the ways described in section 5, for as long as it is on the platform and afterwards for as long as we need to keep records. We do not become owners of your content.

Data

You receive and share data through LocalKurb. This is what happens, in short. Our Privacy Policy has the details.

Data you receive:You receive the details you need to carry out a booking or order, such as the customer's name and contact details, dates, number of guests, delivery or service address, and notes the customer adds. Use this data only for the booking or order and in line with data protection law.

Data we keep about you:We keep your account details, your listings and services, and your bookings, orders, payments, ratings and messages. We use them to run the platform, to rank offers as described in section 4, to prevent fraud and to meet our legal duties.

Who else receives data:Where needed to run the platform, we share data with providers such as Stripe (payments and verification), email and messaging services, hosting and storage, map and address services, and the provider of our assistant tool. Referral partners receive the details listed in section 5.

Authorities:We share data with authorities where the law requires it. For example, we can report each stay in Spain to the Ministry of Housing, without guest names: property address, licence numbers, number of guests and their countries of residence, and dates. We also answer valid orders from public authorities.

Support access:Our support team can enter your account only if you give them access, and only for a limited time.

Selling Elsewhere

We do not limit how you sell outside LocalKurb.

Other channels:You are free to offer the same or different prices and conditions through other channels, including your own website. We do not require price parity or exclusivity.

Complaints

If you are unhappy with something we did or did not do, you can complain. It is free of charge.

How to complain:Open the “Support & Feedback” tab in your dashboard and choose “Make a complaint”. Describe what happened and what you expect from us. Your complaint is handled as a ticket that only you and our team can see.

What we do:We confirm that we received your complaint, look into it fairly and equally, and answer within a reasonable time, taking into account how complex the matter is. Our answer is written for you personally, in plain language, and gives our reasons.

What you can complain about:You can complain about anything that concerns this agreement, including a decision to restrict, suspend or end your access, a problem with our service, or a fee.

Your other rights:Making a complaint does not affect your right to go to court or to use mediation (section 12).

Mediation

If a dispute cannot be settled through a complaint, we are willing to try mediation with an independent mediator, and we engage in good faith in any attempt at mediation.

Naming mediators:LocalKurb is a small enterprise within the meaning of the Annex to Recommendation 2003/361/EC. Under Article 12(7) of Regulation (EU) 2019/1150, the obligation to name two or more mediators in these terms does not apply to us. If that stops being the case, we will name mediators here and tell you under section 2.

Costs:We bear a reasonable share of the total cost of mediation in each case.

Notices and Contact

This is how we reach you and how you reach us.

Notices to you:We send notices about this agreement to the email address on your account. Please keep it up to date.

Who we are:LocalKurb is operated by Patrick Ronaghi in Spain. Our registered address is available on request. You can reach us at support@localkurb.com, or through the support desk in your dashboard.