We recommend carefully reading this document, which sets forth the terms and conditions for accessing and using the BUSHO platforms, in conjunction with the Privacy Policy. This document establishes the Terms and Conditions (hereinafter the “T&Cs”) that govern access to and use of our website, applications, and/or any other platform owned by BUSHO, hereinafter “the Platforms.”
I. ABOUT BUSHO AND ITS SERVICES.
"INVERSIONES BUSHO SpA, hereinafter "BUSHO", is a company incorporated under the laws of the Republic of Chile, Taxpayer Identification Number 77.541.938-5, whose main activity is providing technological or IT services through its platforms that allow users to publish, offer, search for, and reserve available spaces. The BUSHO Platform allows users to publish, offer, search for, and reserve spaces. Users who publish and offer their spaces are called "Busho HOSTS", while users who seek to reserve or use the spaces available on the platform are called "Busho VISITORS". HOSTS offer rental of any rentable area, to be used for work or recreation for short periods of time, as well as a variety of services or furnishings that are part of the rented space. This space is called a "space". This platform offers workspaces or recreational spaces throughout Chile and the world, just a click away, without long-term commitments. The Platform provides security and confidence to our HOSTS, who generate income Extras, already used by our VISITORS, foster a collaborative society, bridging the gaps for those who currently lack the necessary spaces to carry out certain activities. Each HOST is responsible for understanding and complying with all laws, rules, regulations, and third-party contracts that apply to the Busho HOST and VISITOR Services.
II. CONCEPTS.
Terms whose first letter is capitalized (except when it is solely due to the fact that they begin a sentence or are a proper noun) have the meaning assigned to them below, or the meaning expressly assigned to them in these Terms and Conditions of Use: 1. Busho Host: Refers to a user who publishes and offers their available spaces and other services through the Platforms. 2. BUSHO: Refers to the company "INVERSIONES BUSHO SpA." 3. Account: The account created by each User upon registering on the Platforms. 4. Equipment: Any electronic device or means by which the Platforms can be accessed, including, but not limited to, mobile phones, tablets, and computers. 5. Space: Any rentable area intended for work or recreation for short periods of time, as well as a variety of services or furnishings that are part of the rental space. 6. Platforms: The website and mobile application, owned by BUSHO, through which Users can access the Services offered by BUSHO. 7. Privacy Policy: The policy that governs the use and protection of the personal data that the User enters on the Platform, informing Users how BUSHO collects, uses, shares, and protects such data, and the User's rights regarding said data. 8. Price Paid: The total amount paid by the Busho Visitor for reserving the space and services. Associates, through the BUSHO Platforms. The Busho Host expressly authorizes BUSHO to collect said amount on its behalf. BUSHO will issue the corresponding tax document for the transaction and will make the corresponding withholdings or deductions for taxes, BUSHO commission, and other charges previously informed in accordance with these Terms and Conditions and applicable policies. The balance due to the Host will be paid in accordance with BUSHO's Payment and Collection Policy. 9. BUSHO Services: All services offered by BUSHO that Users can access through the Platforms. 10. Terms and Conditions: These are the terms contained in this document that the User must freely, explicitly, and knowingly accept in order to use the Platforms. 11. User(s): Any natural or legal person who uses the Platform and who, depending on their use of the platform, may be called a Busho Host or Busho Visitor. 12. Busho Visitor: Refers to a user who seeks to reserve or use available spaces on the platforms.
III. OBLIGATIONS OF THE TERMS AND CONDITIONS.
The contracting of services and/or the purchase of products made through the Busho Platforms will be subject to these Terms and Conditions and Chilean law as a general rule, without prejudice to applicable mandatory foreign regulations regarding consumer protection and privacy laws. Once accepted, these Terms and Conditions will govern the relationship between BUSHO and Users regarding the use of the Platforms, without prejudice to contracts entered into directly between Hosts and Visitors in connection with a booking. By accepting the Terms and Conditions of Use contained herein, the User acknowledges having read and accepted them in their entirety, and they will therefore be legally binding and enforceable. In this regard, by accepting the Terms and Conditions, the User declares that they have been clearly, comprehensibly, and unequivocally informed of them and have had the opportunity to save and print them. Otherwise, any User who does not accept these Terms and Conditions of Use must refrain from accessing the Busho Platforms and services offered through them, whether directly or indirectly, and from using any information provided by Busho. These Terms and Conditions expressly supersede any prior agreement or understanding between the User and Busho. By accepting these Terms and Conditions, the User's access to and use of the Platforms for requesting and receiving Services is governed. No person may use the Platforms as a User without having previously accepted these Terms and Conditions and Busho's Privacy Policy. Please note that Registration (as defined below) expressly implies that you are aware of and accept these Terms and Conditions. By accepting these Terms and Conditions, you agree and acknowledge that under no circumstances will Busho be responsible for information regarding the use of the space or any other information related to it, provided by the Busho Host to Busho or to the User through any means. BUSHO has no control over the quality, timing, legality, failures, or any other aspect of the spaces offered by Busho Hosts.
IV. REGISTRATION.
Only individuals over 18 years of age and duly represented legal entities may register as BUSHO Users. By creating an Account, the individual User declares that they are over 18 years of age and have sufficient legal capacity to enter into the acts and contracts carried out through the Platforms. BUSHO may request reasonable background information to verify the User's identity and age when there are well-founded doubts or when necessary given the nature of the transaction. Although BUSHO allows access to its Platforms without registration, so that Users can view and compare advertised spaces free of charge, access a more personalized service and obtain a better experience, as well as opt to Purchase a Product and/or Service, Users must complete a Registration (“Registration”) by entering the following personal data and verification information, as applicable: A. Full name or company name. B. Email address. C. Password. If you are a Busho Host, you must also complete information about the listed space and provide verification documents such as: title deed or other documentation related to the property, background check certificate, national identity card (both sides) or passport, and, if you are a legal entity, the corresponding e-RUT (electronic tax identification number). BUSHO may request other information necessary to verify the User's identity, the information provided, or the proper provision of the Services.
Once registration is complete, BUSHO will grant the User a personal Account to access the Platform with the password they choose. The User will access their Account by entering their email address and password. The Account is personal, unique, and non-transferable; therefore, the User is prohibited from lending or leasing their account to third parties for any purpose. The User is solely responsible for the care and proper use of their Account, as well as for keeping their access credentials secure. If a User suspects that a third party may be accessing the Platform using their User Account, they must immediately change their password and notify BUSHO. The personal data entered by the User during registration must be accurate, current, complete, and truthful at all times. BUSHO reserves the right to request, at any time, additional proof and/or information to verify the personal data provided during registration and to suspend, temporarily and/or permanently, any User whose data does not match the information registered in their account. Notwithstanding the foregoing, BUSHO is not responsible for the accuracy of the data entered in the Registration, as this data is provided by the User and is their sole and exclusive responsibility. In this regard, the User guarantees and is responsible, in any case, for the truthfulness, accuracy, validity, and authenticity of their personal data. The personal data provided by the User will be incorporated into databases for which BUSHO is responsible. The User retains, at all times, the rights established in the laws on the protection of privacy, and their data will be processed in accordance with the Privacy Policy. It is noted that the data provided by the User may be disclosed to the appropriate authority pursuant to a court order or by express mandate of the relevant regulatory entity.
V. PROMOTION AND ELECTRONIC COMMUNICATIONS.
All promotions offered on BUSHO will remain valid for their respective durations. BUSHO will inform users through its Platforms of the validity period of each promotion, as well as any specific information that allows visitors to understand the applicable terms and conditions. All promotional or advertising communications sent by email will indicate the subject matter, the sender's identity, and offer recipients the option to unsubscribe. All official BUSHO information will be sent via an official BUSHO email address.
VI. TERMS FOR BUSHO VISITORS.
1. FIND YOUR SPACES 1.1. SEARCH. You can search for spaces for the time you need by entering your preferences and requirements into our search engine, as well as the rental period. Your search can be linked to your current location to find the best spaces near you, or you can schedule a search in another town or city if you're planning a business or leisure trip. You can filter by: location, price per day, space rating, Busho HOST rating, square footage, number of people, children allowed, pets allowed, smoking area, cleaning fees, and amenities such as: bathroom, Wi-Fi, air conditioning, specific furnishings and/or furniture, etc.
1.2. MATCH OR RESERVATION. When selecting an available space on our Platform, the Host will receive a notification that a Busho Visitor wishes to reserve their space. Once the Host accepts the request, the Visitor must make the corresponding payment. The reservation or Match will be considered confirmed and scheduled only once BUSHO receives confirmation of the payment made by the Visitor.
The Visitor agrees to pay the total price informed before making the payment, including the price of the space, any additional services contracted and other previously informed charges.
1.3. MATCH CONFIRMATION (RESERVATION) A Reservation (“MATCH”) is a limited and provisional permission to enter, occupy, and use the space. The HOST reserves the right to re-enter the space during your stay to the extent that: (i) it is reasonably necessary, (ii) it is permitted by your contract with Busho Host, and (iii) it is consistent with applicable law. If you stay past the departure date, the Host has the right to have you leave in a manner consistent with applicable law, including imposing reasonable penalties for prolonged stay. You may not exceed the maximum number of Guests allowed.
VII. TERMS FOR BUSHO HOSTS.
HOST. As a HOST, the platform grants you the right to share your space or other services with our VISITORS and earn money based on bookings or matches. You must create your listing and complete property details, including documents such as: property title, background check certificate, photo of both sides of your national identity card or passport, or, if you are a legal entity, the corresponding tax identification number (e-RUT). You will have control over the service in terms of rates, times, schedules, availability, services, special rules, and any other conditions you wish to add.
MATCH OR RESERVATION.
When the Busho Visitor selects an available space and the Host accepts the request through the Platform, the Visitor must make the corresponding payment. The contract between the Host and the Visitor and the corresponding reservation will be considered confirmed once BUSHO receives payment confirmation.
The Host will be responsible for providing the service under the conditions stated in their listing and expressly authorizes BUSHO to collect the total price paid by the Visitor.
BUSHO will charge the Host a service fee equal to 14% of the booking value.
BOND.
The relationship between the HOST and Busho does not constitute dependency or subordination, nor does it constitute a partnership or joint venture with Busho. Busho does not direct or control your HOST service. You decide when and how to provide the service.
PAY.
The Host Busho expressly authorizes BUSHO to collect, on its own behalf, the price paid by the Visitor.
BUSHO will deduct from the Host's corresponding amount the BUSHO service fee equivalent to 14% and any other applicable charges in accordance with the Platform's policies and which have been previously communicated.
The balance due to the Host will be paid within three (3) business days following the Visitor's effective check-in, by bank transfer to the account registered by the Host in BUSHO.
All other aspects relating to payments, collections and settlements will be governed by BUSHO's Payments and Collections Policy.
VIII. EXEMPTION FROM GUARANTEE.
Disclaimer of Warranties: The BUSHO platform and all its content are provided “as is,” without warranties of any kind, whether express or implied. BUSHO makes no representations or warranties regarding the accuracy or completeness of the content offered through the use of the platform or the content of any website linked to the use of the Platforms. In this regard, BUSHO assumes no liability whatsoever arising from: (a) Errors or inaccuracies in the Content; (b) Performance, continuity, or uninterrupted operation of the Platforms; (c) Personal injury or property damage of any kind resulting from user access to or use of the Platforms; (d) The conduct, safety, legality, or suitability of any Host, Visitor, or third party. The foregoing exclusions shall apply only to events not attributable to BUSHO and to the extent permitted by applicable law.
IX. SCOPE AND LIMITATION OF LIABILITY.
The User agrees that BUSHO will not be liable for any direct, indirect, lost profits, consequential, incidental, special or incidental damages arising from or related to: (a) the use of the Platforms; (b) acts or omissions of third parties who do not provide services under the subordination and dependence of BUSHO; (c) the operation, performance or navigation of the Platforms or links to third-party sites; (d) communications, interactions or contacts between Users that occur as a result of the use of the Platform; (e) the publication or modification of advertisements and the provision of services by the Hosts; and (f) the quality, compliance or performance of the services provided directly by the Hosts.
The above will apply provided that the damages claimed are not a direct consequence of a legal or contractual breach attributable to BUSHO.
Likewise, BUSHO will not be liable for damages arising from interruptions, suspensions or temporary terminations of the Platforms when these are due to maintenance work, failures of third parties, fortuitous event, force majeure or other circumstances not attributable to BUSHO.
BUSHO's total liability for claims arising from these Terms and Conditions or the use of the Platform shall not exceed:
(A) with respect to Busho Visitors, the amount actually paid by the Visitor through the Platform during the three months prior to the event that gave rise to the claim; and
(B) with respect to Busho Hosts, the amount actually paid to the Host through the Platform during the three months prior to the event that gave rise to the claim.
The exclusions and limitations of liability set forth in this clause shall apply only to the extent permitted by applicable law and shall not be construed as excluding or limiting BUSHO's legally attributable liabilities or rights which, under applicable law, are inalienable.
X. PROCESSING OF PERSONAL DATA AND PRIVACY POLICIES.
BUSHO will collect and process the personal data that Users provide when registering on the Platforms, as well as those that are necessary for the use of its functionalities, the management of reservations, payments, communications between Users, attention and support, security and other services offered through the Platforms.
The processing of personal data will be carried out in accordance with current legislation on the protection of personal data and with BUSHO's Privacy Policy, which is permanently available on the Platforms.
The Privacy Policy will inform, among other things, about the personal data processed by BUSHO, the purposes of its processing, the situations in which it may be communicated to other Users or third parties, the providers involved in the provision of services, the criteria for keeping the information and how Users can exercise the rights recognized by applicable legislation.
BUSHO will take reasonable measures to protect the confidentiality and security of personal data subject to its processing.
The Privacy Policy forms an integral part of these Terms and Conditions.
XI. RULES.
Access to the Platform is free, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User, which will always be at their sole expense.
(a) User Responsibility. The User is solely and exclusively responsible for:
(i) the diligent use of your username and password;
(ii) the use of the Platform for their exclusive personal use, accepting that they are not authorized to transfer their account to a third party other than the account holder. In this regard, the User is responsible for all actions carried out by a third party other than themselves through their account, releasing BUSHO and other Users from any liability in this respect;
(iii) the truthfulness and accuracy of the personal data entered in the Registry;
(iv) the responsible request and use of the Services offered by this Platform;
(v) the legitimate use of the Platforms, expressly prohibiting the introduction and/or dissemination of computer viruses or any other physical or logical systems that may cause damage to the Platforms or to the Users; and
(vi) the content of the publications made by the User, which must reflect appropriate behavior.
The User declares that they will use the BUSHO Platforms at their own risk. Likewise, the User accepts the risks inherent in their access to and use of the Platform, the services agreed upon with a Host, and the interactions they have with Hosts and other Users.
(b) Responsibility of the Hosts.
Hosts will be responsible for the processing of personal data of Visitors to which they have access in connection with a booking or the provision of services offered through BUSHO.
This data shall be used only for purposes related to the management, coordination, execution and fulfillment of the respective reservation and in accordance with current legislation on the protection of personal data, these Terms and Conditions and BUSHO's Privacy Policy.
Hosts may not use Visitors' personal data for purposes other than those related to the booking, including commercial or promotional communications, unless they have a legal basis that authorizes such processing.
Each Host will be responsible for the processing of personal data that they directly carry out and that is attributable to their actions. This will not exclude or limit any responsibilities that may correspond to BUSHO with respect to the processing of personal data that it directly carries out, the data communications it makes, or any other legal obligations that may apply to it.
Each Host will be responsible for their own acts and omissions, and for the acts and omissions of any person they allow to participate in the provision of the Services offered through the Platform.
Furthermore, each Host will be responsible for the accuracy of the prices, charges, rules, and requirements stated in their listings, as well as their timely communication.
Hosts are expressly prohibited from:
(i) make collection of fees or additional charges that are not contemplated in the BUSHO Platform or expressly authorized by BUSHO;
(ii) encourage Visitors to create third-party accounts;
(iii) send Visitors evaluations or ratings not contemplated on the BUSHO Platform; and
(iv) provide your contact information in contravention of BUSHO policies.
In this regard, Hosts are obliged to comply with the measures contained in the External Contact Policy to the Platform and in the Space Publication Policy.
Although BUSHO may request information about the space to be published, the Busho Host will be responsible for:
(i) understand and comply with all laws, rules, regulations and contracts with third parties that are applicable to its publication;
(ii) possess the necessary powers to allow the Busho Visitor to use and enjoy the available space; and
(iii) obtain appropriate advice in case of doubts about the application of local laws.
The Busho Host will be responsible for determining and fulfilling the corresponding legal, tax or fiscal obligations, including those related to the declaration, collection, settlement or inclusion in the publication value of the Sales and Services Tax (VAT), income taxes and any other applicable indirect taxes.
The Busho Host acknowledges that being a Host involves inherent risks and accepts the risks arising from their access to and use of the BUSHO Platforms, their Host Services, or any interaction they have with other Users, whether in person or online.
(c) Responsibility of Users (Hosts and Visitors).
The User agrees to make proper and lawful use of the Platform in accordance with current legislation, these Terms and Conditions, morality, good customs and public order regulations.
In this regard, the User agrees not to make publications or comments that reflect inappropriate behavior, understood as that which implies:
(i) sexual content;
(ii) misleading content or content that induces other Users to use misleading products or services;
(iii) content that involves the promotion of illegal activities; or
(iv) discriminatory content.
(d) Sanctions.
In the event that a User, Visitor or Host violates these Terms and Conditions, BUSHO's policies or applicable regulations, BUSHO shall be entitled to:
(i) suspend or limit your access to or use of the Platform;
(ii) suspend access to your account;
(iii) delete your account;
(iv) suspend or remove advertisements or content;
(v) cancel pending or confirmed reservations; and
(vi) suspend or revoke any special status associated with your account.
The offender may request a review of the applied measure through the Customer Service Department.
The above sanctions are understood without prejudice to BUSHO's right to claim compensation for damages as provided by law.
(e) Effects of termination for Visitors.
If a Visitor voluntarily cancels their account while there are confirmed reservations, these will be cancelled and refunds and other economic effects will be governed by BUSHO's Cancellation Policy.
If, as a result of any action taken by BUSHO, your account is suspended or cancelled while there are confirmed reservations, the effects of said reservations will be determined in accordance with the Cancellation Policy, taking into account the cause that motivated the suspension or termination.
(f) Termination effects for the Hosts.
If a Host voluntarily cancels their account while there are confirmed bookings, these will be cancelled and the conditions corresponding to a cancellation made by the Host in accordance with BUSHO's Cancellation Policy will apply.
If, as a result of any action taken by BUSHO, your account is suspended or cancelled while there are confirmed reservations, the effects of said reservations will be determined in accordance with the Cancellation Policy, taking into account the cause that motivated the suspension or termination.
XII. VALIDITY, MODIFICATION AND TERMINATION OF THE TERMS AND CONDITIONS.
(a) Term: These Terms and Conditions of Use shall remain in effect indefinitely from the date of their publication on the Platforms, without prejudice to BUSHO's right to terminate them at any time. (b) Modification: BUSHO may modify these Terms and Conditions. Such changes will be notified to the User through a notice on the Platform and must be expressly accepted by the User to continue using the Platforms. (c) Termination: BUSHO may suspend, limit, or terminate a User's access to the Platforms when there is a breach of these Terms and Conditions, BUSHO's policies, or applicable law, or when there are reasons of security, fraud prevention, a requirement of a competent authority, acts of God, force majeure, or other reasonable cause that justifies the measure. Where applicable, BUSHO will inform the User of the measure taken, who may request a review through the available customer service channels. The User may cease using the Platforms at any time, and all provisions that by their nature should survive termination shall remain in effect.
XIII. INTELLECTUAL PROPERTY.
The User acknowledges and accepts that all intellectual and industrial property rights to the content and/or any other elements included on the Platform (including, without limitation, trademarks, logos, trade names, text, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio, and video) belong to and are the exclusive property of BUSHO and third parties who have authorized BUSHO to use them. Access to the Platform and/or acceptance of these Terms and Conditions does not imply the transfer of any rights to the User. Therefore, BUSHO expressly reserves the right to exercise all civil and criminal actions to protect its legitimate intellectual and industrial property rights. Under no circumstances shall it be understood that the User has any rights whatsoever over them. Copying, reproducing, publishing, downloading, encoding, modifying, translating, interpreting, displaying, distributing, transmitting, transferring, or disseminating them in any media is expressly prohibited without the prior, express, and written authorization of BUSHO. BUSHO authorizes the User to use, view, print, download, and store the content and/or elements included on the Platform exclusively for their personal, private, and non-commercial use. Any other use and/or exploitation of content and/or other elements included on the Platform, other than those expressly provided for herein, will be subject to the prior written authorization of BUSHO and/or the respective third parties.
XIV. CLAIM AND DISPUTE RESOLUTION.
If the User wishes to make a complaint related to BUSHO, a Host or the Services offered through the Platforms, they may do so through the “Contact Us” section available on the Platform, indicating the necessary background information for its proper processing.
BUSHO will endeavor to address and respond to claims within a reasonable timeframe.
Any dispute relating to the application, interpretation, validity, duration, execution or termination of these Terms and Conditions may be submitted to the competent courts of the Republic of Chile, without prejudice to the right that the User may have to resort to the courts or competent bodies of another jurisdiction when so established by mandatory consumer protection rules or other applicable public policy provisions.
The foregoing does not limit the User's right to exercise other complaint mechanisms or actions recognized by applicable legislation.
XV. APPLICABLE LEGISLATION.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Republic of Chile, without prejudice to mandatory consumer protection rules, personal data protection or other public order rules that may be applicable to the User in accordance with the legislation of his place of residence or the corresponding jurisdiction.
These Terms and Conditions of Use, together with any BUSHO policies that form part of them, constitute the agreement between Users and BUSHO regarding the use of the Platforms and Services.
XVI. POLICIES.
All BUSHO policies and supplementary terms apply to and complement these terms and conditions, and consequently form an integral part of the relationship between the User and BUSHO.
XVII. MISCELLANEOUS.
(a) Assignment: The User may not assign their rights or obligations under these Terms and Conditions without the prior written consent of BUSHO. BUSHO may assign its rights and obligations under these Terms and Conditions to any of its affiliated companies. (b) Contact: To assist Users in using the Platform, BUSHO provides the phone number 600-612-2222, the email address contacto@busho.cl, and the “Contact Us” section. Inquiries and requests specifically related to the processing of Personal Data and the exercise of rights recognized by applicable law should be directed to hola@busho.cl.
