General Terms and Conditions of Use

1. Legal information and purpose

These General Terms and Conditions govern the use and contracting of the services offered through the web platform and application Gotocheck.pro (hereinafter, "the Platform" or "the Service").

Gotocheck.pro is a cloud-based software tool (SaaS) designed to help owners and managers of tourist accommodation (hereinafter, the "Client" or "User") automate the check-in process, collect digital signatures and transmit guest registration reports to the relevant authorities.

Acceptance of these Terms and Conditions is a mandatory requirement for registration, access to and use of the Service.

2. Nature of the service and definition of roles

Gotocheck.pro acts exclusively and strictly as a technology services provider and IT intermediary.

The Client expressly acknowledges that, for the purposes of applicable guest registration regulations (including national and local laws requiring notification of guest data to authorities), the Client is the sole "Obligated Party". The Platform is a facilitating tool; under no circumstances does Gotocheck.pro assume the status of obligated party or act as the Client's legal representative before the authorities.

3. Client obligations

The Client undertakes to use the Service lawfully and assumes the following non-delegable responsibilities:

• Data accuracy: Ensuring that all data entered into the platform, as well as the access credentials for police/authority reporting systems, are correct, truthful and up to date.
• Monitoring and verification: The Client has the obligation to periodically access their Gotocheck.pro control panel to check and verify the final submission status of each guest registration report.
• Acceptance of system notices: The Client understands and accepts that, as visibly notified in the application interface, "Final acceptance and validation of the report depends on the Ministry's servers. Please periodically check the status of your submissions."
• Error management: In the event that the Platform reports a status of "Error", "Pending" or "Submission Failed", it is the Client's sole responsibility to take the necessary alternative measures (manual retry, direct file upload to the police website or in-person delivery) within the legally required 24-hour period.

4. Limitation and exclusion of liability (essential clause)

Gotocheck.pro has been developed to the highest quality standards, but as it depends on third-party integrations and internet connections, the Client accepts that the Service is not error-free and does not guarantee uninterrupted availability.

Consequently, Gotocheck.pro SHALL NOT BE LIABLE under any circumstances for:

1. Third-party outages: Delays, transmission failures or inability to submit guest registration reports resulting from outages, overload, maintenance or malfunction of servers, APIs or websites operated by the Ministry of the Interior or any other Security Force or Authority.
2. Fines and penalties: The payment of any fine, administrative sanction, financial penalty or compensation imposed on the Client by the competent authorities due to late, incorrect or non-submission of guest registration records.
3. User's lack of diligence: Losses arising from the Client's failure to review submission statuses in their control panel or to act on error notifications issued by the system.
4. Indirect damages: Loss of profit, loss of revenue, loss of data or reputational harm arising from the use of or inability to use the Service.
5. Claims from guests or third parties: Any claim, complaint, lawsuit, damage or loss directed against the Client by its guests, travellers, distribution platforms (Airbnb, Booking, VRBO, etc.) or any other third party as a consequence of the registration, transmission, delay, error or omission in the submission of guest registration reports.
6. Fines imposed on the guest: Any administrative sanction or requirement that the authorities may issue against the guest themselves, including — but not limited to — those derived from cash collection of the tourist tax or from failure to comply with identification obligations.
7. Operational decisions of the Client: The consequences arising from voluntary deactivation of automatic submissions, manual modification of data, deletion of bookings or any other action taken by the Client in their control panel.

5. Obligation of means, force majeure and express acceptance of risk

The Client expressly acknowledges and accepts that:

• Obligation of means, not of result: The provision of the Service constitutes an obligation of means and not of result. Gotocheck.pro commits to deploying reasonable technical diligence so that submissions reach their destination, but does not guarantee the reception, acceptance, validation or final registration of reports by the public administrations, as this depends on third-party systems beyond its control.
• Force majeure and acts of God: Events of force majeure or acts of God are expressly excluded from any liability, including but not limited to: outages of the systems of the Ministry of the Interior, SES.Hospedajes, Mossos d'Esquadra, Ertzaintza or any other authority; regulatory or technical changes to those platforms affecting the integrations; cyberattacks; power or telecommunications outages; decisions of cloud or payment-gateway providers; and, in general, any circumstance beyond the reasonable control of Gotocheck.pro.
• Acceptance of risk: By accepting these Terms, the Client declares to have been informed of the inherent risks of automating regulated processes, voluntarily assumes such risks and expressly waives any claim against Gotocheck.pro for any amount in the form of sanction, fine, surcharge or compensation imposed by the authorities.

6. Indemnity ("hold harmless")

The Client undertakes to hold harmless Gotocheck.pro, its owner Álvaro Rodríguez Vallecillos, and its collaborators, against any claim, demand, lawsuit, sanction, fine, expense (including legal and procedural fees) or compensation brought by third parties — including guests, travellers, tourism intermediation platforms, property owners, homeowners' associations or public administrations — originating, directly or indirectly, in: (i) the use of the Service by the Client; (ii) the quality, truthfulness or accuracy of the data entered in the Platform; (iii) the Client's failure to comply with their legal obligations as the Obliged Party; or (iv) the omission of their duty to supervise and verify the submissions.

7. Economic limit of liability

In the exceptional event that, by final court ruling, the direct liability of Gotocheck.pro is established due to gross negligence or wilful misconduct in the provision of the service, the maximum total compensation claimable by the Client shall be strictly limited to the sum of amounts actually paid by the Client to Gotocheck.pro for subscriptions during the twelve (12) months immediately preceding the event that caused the damage.

8. Data protection and data processing agreement

In accordance with Regulation (EU) 2016/679 (GDPR), in the relationship between both parties:

• The Client acts as the "Data Controller" of the personal data of their guests.
• Gotocheck.pro acts as the "Data Processor", processing data solely in accordance with the Client's instructions and for the exclusive purpose of providing the contracted service (generating reports and transmitting them to the authorities). Gotocheck.pro will not use this data for its own purposes or share it with unauthorised third parties. The Client declares that they have the necessary legal basis to collect such data from their guests.

9. Service availability and maintenance

Gotocheck.pro will endeavour to keep the service operational 24 hours a day. However, it reserves the right to temporarily suspend access, without prior notice, to carry out maintenance, update, repair or improvement operations. These temporary interruptions shall not entitle the Client to any financial compensation or refund.

10. Pricing, rate revision and cancellation

Use of the Service is subject to payment of the current rates published on the website or agreed with the Client at the time of registration.

Price maintenance and review: Gotocheck.pro guarantees the maintenance of the initially contracted rate for an uninterrupted period of one (1) year from the date of sign-up. After this initial twelve-month period, the subscription price will be subject to review and the applicable fee will be recalculated based on the number of properties that the Client has active or registered on the Platform at that time, applying the general rates then in force. Gotocheck.pro will notify the Client of any price update at least 15 days before renewal.

The subscription will automatically renew for periods of equal duration to the contracted period under the new calculated conditions, unless the Client cancels their subscription from their control panel before the renewal date. No refunds will be made for partial unused periods.

11. Intellectual property

All intellectual and industrial property rights in the Gotocheck.pro Platform, including its software, source code, design, interface, content, trademarks and logos, are the exclusive property of Álvaro Rodríguez Vallecillos. This agreement does not grant the Client any intellectual property rights in the Platform, other than the limited, non-exclusive, non-transferable licence to use the Service for the duration of the active subscription.

12. Modification of conditions

Gotocheck.pro reserves the right to modify these Terms and Conditions at any time. Modifications will be notified to the Client via the platform or by email. Continued use of the Service after the modifications come into effect will constitute express acceptance thereof.

13. Applicable law and jurisdiction

These Conditions shall be governed by and construed in accordance with Spanish law.

For the resolution of any dispute, discrepancy or claim arising from the execution, interpretation or performance of this agreement, both parties, expressly waiving any other jurisdiction that may apply to them, irrevocably submit to the jurisdiction and competence of the Courts and Tribunals of the city of Granada (Spain).

14. Contact details

For any enquiry related to these Terms and Conditions: