Operated by
MasaOra Ltd
Trading as AtlasOra
Registered Office
128 City Road, London
EC1V 2NX, United Kingdom
Registration
England & Wales
Company No. 16538946
VAT Number
GB 503 7904 02
Introduction and Acceptance
1.1These Terms of Service (Terms) govern your access to and use of the AtlasOra platform, including the website located at www.atlasora.com and any associated mobile applications (collectively, the Platform), operated by MasaOra Ltd (AtlasOra, we, us, or our), a private limited company incorporated in England and Wales under company number 16538946, with its registered office at 128 City Road, London, United Kingdom, EC1V 2NX.
1.2By accessing or using the Platform, whether as a guest seeking to book accommodation or as a host listing a property, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.
1.3We may update these Terms from time to time. Where we make material changes, we will notify you by email or by prominent notice on the Platform at least thirty (30) days before the changes take effect. Your continued use of the Platform after such notice constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must cease using the Platform.
1.4These Terms should be read alongside our Privacy Policy, Cookie Policy, and any additional policies published on the Platform (together, the Policies). In the event of a conflict between these Terms and any other Policy, these Terms shall prevail unless expressly stated otherwise.
Definitions
2.1In these Terms, the following words and expressions shall have the following meanings unless the context otherwise requires:
About Our Service
3.1AtlasOra operates as an online marketplace that connects Hosts who wish to list their Accommodation with Guests who wish to book short-term holiday rentals. We act as the Merchant of Record, meaning that Guests make all payments directly to us, and we remit the appropriate sums to Hosts after deducting applicable fees.
3.2We are not a party to the accommodation contract. The contract for the provision of Accommodation is made directly between the Guest and the Host. We facilitate this contract but do not own, manage, operate, or control any Accommodation listed on the Platform. We are not a landlord, property manager, estate agent, tour operator, or travel agent.
3.3We do not hold an Air Travel Organiser's Licence (ATOL), nor are we a member of ABTA or any equivalent travel protection scheme. The Accommodation is provided by independent Hosts, and our role is limited to providing the Platform and processing payments as Merchant of Record.
3.4At present, Hosts may only list Accommodation located in Spain. We may expand to additional jurisdictions in the future, and any such expansion will be reflected in updates to these Terms.
Eligibility and Account Registration
4.1 Eligibility
4.1.1You must be at least eighteen (18) years of age and have the legal capacity to enter into binding contracts under applicable law in order to register for an account or use the Platform.
4.1.2By registering for an account, you represent and warrant that all information you provide is true, accurate, and complete, and that you will update such information as necessary to maintain its accuracy.
4.2 Guest Accounts
4.2.1To make a Booking, you must create a Guest account. As part of the registration and booking process, we will collect identity verification information from your payment card details.
4.2.2You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
4.3 Host Accounts
4.3.1To list Accommodation on the Platform, you must create a Host account and complete our identity verification process, which is conducted by our third-party verification partner, Sumsub. This includes Know Your Customer (KYC) checks in accordance with applicable anti-money laundering legislation.
4.3.2In addition to KYC verification, you must provide evidence of a valid short-term rental licence issued by the relevant Spanish autonomous community or municipality in which your Accommodation is located. No Listing will be published on the Platform until such licence has been verified by us.
4.3.3You must notify us within seven (7) days of any change in the status of your short-term rental licence, including its suspension, revocation, or non-renewal. We reserve the right to suspend or remove any Listing if the associated licence is no longer valid.
4.3.4You represent and warrant that you have all necessary rights, permissions, and authorisations to list and rent the Accommodation, including any consents required from landlords, co-owners, community associations, or mortgage lenders.
4.4 Account Suspension and Termination
4.4.1We may suspend or terminate your account at any time if we reasonably believe that you have breached these Terms, provided false or misleading information, engaged in fraudulent or unlawful activity, or if required by law. Where practicable, we will give you prior notice and an opportunity to remedy the breach before taking such action.
4.4.2You may close your account at any time by contacting us at support@atlasora.com. Account closure will not affect any existing Bookings or outstanding financial obligations.
Listings
5.1Hosts are responsible for the accuracy and completeness of their Listings, including the description, photographs, pricing, availability, amenities, house rules, Cancellation Policy, and Payment Schedule.
5.2Listings must not contain false, misleading, or deceptive information. All photographs must accurately represent the Accommodation at the time of listing. The use of artificially enhanced, materially edited, or stock photographs that misrepresent the Accommodation is prohibited.
5.3Hosts must ensure that their Accommodation complies with all applicable local, regional, and national laws, regulations, and licensing requirements, including but not limited to Spanish tourism regulations, health and safety standards, building codes, tax obligations, and community of owners rules.
5.4Hosts must include their short-term rental licence number in the Listing where required by applicable law.
5.5We reserve the right to remove, edit, or suspend any Listing that we determine, in our reasonable discretion, to be inaccurate, misleading, in breach of these Terms, or in breach of applicable law.
5.6Hosts may import reviews and ratings from other platforms for display on their Listing. Imported reviews will be clearly labelled as originating from external sources. We do not verify the accuracy or authenticity of imported reviews, and the Host is responsible for ensuring that such importation does not infringe the intellectual property rights of any third party.
Bookings
6.1 Making a Booking
6.1.1To make a Booking, a Guest must select available Accommodation, confirm the dates of stay, review the applicable Cancellation Policy and Payment Schedule, and submit payment in accordance with the selected Payment Schedule.
6.1.2A Booking is confirmed when we issue a Booking Confirmation to both the Guest and the Host. Until such Booking Confirmation is issued, no binding contract exists between the Guest and the Host.
6.1.3Upon confirmation, a binding contract for the provision of Accommodation is formed directly between the Guest and the Host on the terms set out in the Listing. AtlasOra is not a party to this contract.
6.2 Guest Obligations
6.2.1As a Guest, you agree to use the Accommodation solely for its intended purpose as short-term holiday accommodation, to comply with all house rules published by the Host, to treat the Accommodation and its contents with reasonable care, to vacate the Accommodation by the agreed check-out time, and to not exceed the maximum number of occupants specified in the Listing.
6.2.2You acknowledge that the Host may require you to pay a security deposit or provide card details for a damage hold. Any such requirement will be clearly disclosed in the Listing prior to Booking.
6.3 Host Obligations
6.3.1As a Host, you agree to provide the Accommodation substantially as described in the Listing, to ensure the Accommodation is clean, safe, and habitable upon check-in, to be reasonably available to the Guest for communication during the stay, and to comply with all applicable laws and regulations.
6.3.2You must not cancel a confirmed Booking except in circumstances of force majeure, genuine emergency, or where the Guest has materially breached the house rules. Repeated cancellations by a Host may result in penalties, including reduced visibility, financial penalties, or account suspension.
Payments and Fees
7.1 Merchant of Record
7.1.1MasaOra Ltd acts as the Merchant of Record for all transactions on the Platform. All payments made by Guests are processed by us through our payment processing partner, Revolut. Guests pay us directly, and we remit the Host's share after deduction of applicable fees.
7.1.2We process payments in Euros, Pounds Sterling, and United States Dollars. The currency applicable to a Booking will be displayed at the time of checkout.
7.2 Service Fees
7.2.1Guest Service Fee. A service fee of five per cent (5%) of the total Accommodation price is charged to the Guest. This fee is displayed to the Guest before the Booking is confirmed and is included in the total amount payable.
7.2.2Host Service Fee. A service fee of zero point seven per cent (0.7%) of the total Accommodation price is charged to the Host. This fee is inclusive of all banking charges, foreign exchange costs, and payment processing fees. No additional transaction charges will be levied by us.
7.2.3Service Fees are non-negotiable and may be updated from time to time upon thirty (30) days' prior notice to Users.
7.3 Payment Schedules
7.3.1Hosts may select from the following Payment Schedules, which determine how and when the Guest is required to pay for a Booking:
- 1.Full Payment: 100% of the total amount is due at the time of Booking.
- 2.Two-Part Split: 50% of the total amount is due at the time of Booking, with the remaining 50% due three (3) months before the check-in date.
- 3.Early Bird: 10% of the total amount is due at the time of Booking, 40% is due six (6) months before check-in, and the remaining 50% is due three (3) months before check-in.
- 4.Balanced: 25% of the total amount is due at the time of Booking, 50% is due six (6) months before check-in, and the remaining 25% is due three (3) months before check-in.
- 5.Maximum Flexibility: 10% of the total amount is due at the time of Booking, with the remainder spread across payments due nine (9) months, six (6) months, and three (3) months before check-in.
7.3.2The applicable Payment Schedule will be displayed on the Listing and at checkout. By confirming a Booking, the Guest agrees to make all instalment payments on the dates specified.
7.3.3If a Guest fails to make any instalment payment when due, we will issue a reminder. If payment is not received within seven (7) days of the due date, we reserve the right to cancel the Booking, in which case the applicable Cancellation Policy shall determine any refund entitlement.
7.4 Host Payouts
7.4.1Host payouts will be remitted to the bank account or payment method specified by the Host in their account settings. Payouts will be processed within a reasonable timeframe following the Guest's check-in, less the applicable Host Service Fee.
7.4.2We reserve the right to withhold or delay payouts in cases of suspected fraud, a pending dispute or complaint, a breach of these Terms, or where required by law.
Cancellations and Refunds
8.1 Cancellation Policies
8.1.1Each Host selects a Cancellation Policy from the following tiered options at the time of creating their Listing:
- 1.Non-refundable: The Guest is not entitled to a refund upon cancellation, regardless of when the cancellation is made.
- 2.Flexible (30 days): Full refund if the Booking is cancelled at least thirty (30) days before the check-in date.
- 3.Flexible (90 days): Full refund if the Booking is cancelled at least ninety (90) days before the check-in date.
- 4.Flexible (180 days): Full refund if the Booking is cancelled at least one hundred and eighty (180) days before the check-in date.
- 5.Flexible (365 days): Full refund if the Booking is cancelled at least three hundred and sixty-five (365) days before the check-in date.
8.1.2The applicable Cancellation Policy is displayed on the Listing and is confirmed to the Guest at the time of Booking. It is the Guest's responsibility to review and understand the Cancellation Policy before completing a Booking.
8.2 Refund Terms
8.2.1Where a Guest is entitled to a refund under the applicable Cancellation Policy, the refund shall constitute a full refund of all amounts paid by the Guest, including the Guest Service Fee.
8.2.2Where the Guest has been paying in instalments under a Payment Schedule, any refund will be limited to the amounts actually received by us at the time of cancellation. There shall be no further liability on the part of the Guest in respect of unpaid future instalments once a Booking has been cancelled.
8.2.3Refunds will be processed to the original payment method within fourteen (14) days of the cancellation being confirmed. Actual receipt of the refund may depend on your card issuer or bank.
8.3 Host Cancellations
8.3.1If a Host cancels a confirmed Booking, the Guest will receive a full refund of all amounts paid. The Host may also be subject to penalties, including reduced listing visibility, a financial penalty, or suspension of their account.
8.4 Force Majeure
8.4.1Where a Booking cannot be fulfilled due to extraordinary and unforeseeable circumstances beyond the reasonable control of either party, including but not limited to natural disasters, pandemics, government travel restrictions, acts of war, or terrorism, we will work with both the Guest and Host to reach a fair resolution, which may include a full or partial refund, rebooking to alternative dates, or the issuance of a credit for future use on the Platform.
8.5 Consumer Cancellation Rights
8.5.1If you are a Consumer within the meaning of the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may ordinarily have a right to cancel a distance contract within fourteen (14) days. However, pursuant to Regulation 28(1)(h) of those Regulations, the right to cancel does not apply to contracts for the provision of accommodation services where the contract provides for a specific date or period of performance. By making a Booking, you acknowledge that this exemption applies and that your cancellation rights are governed by the Cancellation Policy selected by the Host.
Host Insurance
9.1We provide Hosts with insurance cover arranged through a third-party insurer. Details of the cover, including the scope, limits, exclusions, and claims process, will be made available to Hosts via the Platform and in the relevant insurance documentation.
9.2The insurance is provided by a third-party insurer and not by MasaOra Ltd. Any claims under the insurance are subject to the terms and conditions of the relevant insurance policy and must be pursued directly with the insurer.
9.3Host insurance is not a guarantee of compensation. Hosts are encouraged to maintain their own independent insurance cover for their Accommodation, including property damage, public liability, and loss of income cover.
User Content and Reviews
10.1 User Content
10.1.1By submitting User Content to the Platform, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use, reproduce, modify, display, distribute, and otherwise exploit such content in connection with the operation, promotion, and improvement of the Platform.
10.1.2You represent and warrant that you own or have the necessary rights to submit any User Content and that such content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
10.1.3You are solely responsible for the User Content you submit. We do not endorse, verify, or guarantee the accuracy of any User Content.
10.2 Reviews and Ratings
10.2.1Guests and Hosts may leave reviews and ratings following completion of a stay. Reviews must be honest, accurate, and based on genuine personal experience.
10.2.2Reviews must not contain defamatory, abusive, threatening, discriminatory, or obscene content, personal information of third parties without their consent, promotional or commercial content unrelated to the stay, or content that is false or misleading.
10.2.3We reserve the right to moderate, edit, or remove reviews that we determine, in our reasonable discretion, to contain inappropriate content or to otherwise violate these Terms. We will not remove reviews solely because they are negative, provided they are factual and comply with these Terms.
10.2.4Where reviews have been imported from external platforms, they will be clearly labelled as such. We do not verify or guarantee the authenticity of imported reviews.
Prohibited Conduct
11.1You must not use the Platform for any unlawful purpose or in any manner inconsistent with these Terms. Without limiting the generality of the foregoing, you must not:
- provide false, inaccurate, or misleading information;
- engage in fraud, money laundering, or any other financial crime;
- circumvent or attempt to circumvent the Platform's fee structure, including by arranging off-platform payments;
- harass, threaten, discriminate against, or intimidate any other User;
- use the Platform to send unsolicited commercial communications;
- interfere with or disrupt the Platform, servers, or networks;
- use automated means (including bots, scrapers, or crawlers) to access or collect data from the Platform without our prior written consent;
- submit fake reviews or manipulate ratings;
- list Accommodation that you do not have the legal right to rent; or
- use the Accommodation for any purpose other than short-term holiday accommodation, including but not limited to sub-letting, commercial events, or unlawful activities.
Intellectual Property
12.1All intellectual property rights in the Platform, including its design, software, logos, trademarks, text, graphics, and other content (excluding User Content), are owned by or licensed to MasaOra Ltd. Nothing in these Terms grants you any right, title, or interest in such intellectual property except the limited right to use the Platform in accordance with these Terms.
12.2The AtlasOra name and logo are trademarks of MasaOra Ltd. You must not use these marks without our prior written consent.
12.3You must not copy, reproduce, modify, distribute, or create derivative works from any part of the Platform or its content except as expressly permitted by these Terms or applicable law.
Data Protection
13.1We process personal data in accordance with applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and, where applicable, the EU General Data Protection Regulation (EU GDPR). Full details of how we collect, use, and protect your personal data are set out in our Privacy Policy.
13.2Our nominated data protection contact is Gavin Persaud, who can be reached at dpo [at] atlasora.com.
13.3By creating a Host account, you acknowledge that we will share your name, property address, and other necessary information with Guests who have confirmed Bookings, and with our third-party verification partner Sumsub for the purposes of KYC checks.
13.4By creating a Guest account, you acknowledge that we will share your name, contact details, and other necessary information with Hosts at whose Accommodation you have a confirmed Booking.
13.5We use Revolut as our payment processor. Your payment card information is processed by Revolut in accordance with their privacy policy and the Payment Card Industry Data Security Standard (PCI DSS). We do not store your full card details on our servers.
Limitation of Liability
14.1Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
14.2Subject to clause 14.1, and to the maximum extent permitted by applicable law, MasaOra Ltd shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
- any indirect, incidental, special, consequential, or punitive damages;
- any loss of profit, revenue, business, anticipated savings, data, or goodwill;
- the quality, safety, legality, or suitability of any Accommodation;
- the accuracy, completeness, or reliability of any Listing or User Content;
- the conduct, whether online or offline, of any User;
- any personal injury, property damage, or other harm resulting from your use of any Accommodation; or
- any interruption, suspension, or termination of the Platform, whether planned or unplanned.
14.3Subject to clause 14.1, our total aggregate liability to you for all claims arising out of or in connection with these Terms or your use of the Platform shall not exceed the greater of (a) the total amount of Service Fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred pounds sterling (£100).
14.4We provide the Platform on an "as is" and "as available" basis. We make no representations or warranties, whether express or implied, regarding the Platform, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the extent permitted by law.
14.5If you are a Consumer, your statutory rights under the Consumer Rights Act 2015 and other applicable consumer protection legislation are not affected by anything in these Terms. The limitations in this Section 14 apply only to the extent that they are consistent with such statutory rights.
Indemnification
15.1You agree to indemnify, defend, and hold harmless MasaOra Ltd, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:
- your breach of these Terms;
- your use of the Platform;
- your Listing or Accommodation (if you are a Host);
- any User Content you submit; or
- your violation of any applicable law or the rights of any third party.
15.2This indemnity does not apply to the extent that the claim arises from the negligence or wilful misconduct of MasaOra Ltd.
Dispute Resolution
16.1 Disputes Between Users
16.1.1We encourage Guests and Hosts to resolve disputes between themselves directly. If you are unable to do so, you may contact us at support@atlasora.com, and we will use reasonable efforts to mediate the dispute. Any determination we make in such mediation is not legally binding and does not prevent either party from pursuing other remedies.
16.2 Complaints
16.2.1If you have a complaint about the Platform or our services, please contact us at support@atlasora.com. We will acknowledge your complaint within five (5) business days and aim to resolve it within thirty (30) business days.
16.3 EU/EEA Online Dispute Resolution
16.3.1If you are a Consumer resident in the European Union or European Economic Area, you may be entitled to use the European Commission's Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr. We are not obliged to, and do not currently commit to, participate in ODR proceedings, but we include this reference for your information in accordance with Regulation (EU) No 524/2013.
Tax
17.1Hosts are solely responsible for determining and complying with all tax obligations arising from their use of the Platform and the rental of their Accommodation, including but not limited to income tax, value added tax (IVA/VAT), and tourist taxes in Spain.
17.2MasaOra Ltd is registered for VAT in the United Kingdom (VAT No. GB 503 7904 02). Service Fees charged by us may be subject to VAT, and where applicable, VAT will be shown separately on invoices.
17.3We do not provide tax advice. Hosts and Guests are encouraged to seek independent professional tax advice regarding their obligations.
General Provisions
18.1 Entire Agreement
18.1.1These Terms, together with our Privacy Policy, Cookie Policy, and any other Policies referenced herein, constitute the entire agreement between you and MasaOra Ltd regarding your use of the Platform and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
18.2 Severability
18.2.1If any provision of these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.
18.3 Waiver
18.3.1No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. A single or partial exercise of any right or remedy shall not prevent or restrict the further exercise of that or any other right or remedy.
18.4 Assignment
18.4.1You may not assign, transfer, or sub-contract your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or sub-contract our rights and obligations under these Terms, in whole or in part, without your consent, provided that such assignment does not materially diminish your rights under these Terms.
18.5 Third-Party Rights
18.5.1These Terms do not confer any rights on any person or party other than you and MasaOra Ltd under the Contracts (Rights of Third Parties) Act 1999.
18.6 Notices
18.6.1All notices under these Terms shall be sent by email. Notices to us should be sent to support@atlasora.com. Notices to you will be sent to the email address associated with your account.
18.7 Force Majeure
18.7.1We shall not be liable for any failure to perform or delay in performing any obligation under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, governmental actions, war, terrorism, strikes, internet or telecommunications failure, or cyber-attacks.
Governing Law and Jurisdiction
19.1These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
19.2The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
19.3Nothing in this Section 19 shall limit the right of a Consumer to bring proceedings in the courts of the country in which the Consumer is domiciled, or to benefit from any mandatory provisions of consumer protection law of that country, to the extent that such provisions cannot be derogated from by agreement. In particular, if you are a Consumer resident in the European Union, you shall retain the benefit of any mandatory consumer protection provisions of the law of your country of residence.
Contact Us
If you have any questions about these Terms, please contact us:
MasaOra Ltd
Trading as AtlasOra
128 City Road, London
EC1V 2NX, United Kingdom
Data Protection
Gavin Persaud
dpo [at] atlasora.com