Last Updated: June 24, 2026
These Terms of Service (the "Terms") govern the access to and use of the digital platform and SaaS products (the "Platform") available via the website www.Uniek.ai and app.Uniek.ai, including the Uniek mobile experiences, AI Concierge, and any communications channels operated under the Uniek brand (together, the "Services"). The Services are provided by Uniek AI Netherlands BV, a company incorporated under the laws of the Netherlands, with its registered office at Krelagestraat 29, 2012 CR, Haarlem, The Netherlands (the "Company").
1.1 The Platform: The digital SaaS product and marketplace available on www.Uniek.ai and app.Uniek.ai, including the AI Concierge and any communications channels (such as WhatsApp, SMS, email, and in-app chat) operated by the Company.
1.2 Property Owner: The professional party (B2B) using the SaaS product to manage their property located in Spain, Portugal, or elsewhere in Southern Europe, and to curate the Guest Experience for individuals renting or staying at their property.
1.3 Guest: The individual (Consumer) accessing or using the Platform to personalise a stay, book local services, view Property Owner recommendations, or engage with the AI Concierge in connection with a confirmed stay at a property listed on the Platform.
1.4 Service Provider: The independent professional (operating in Spain, Portugal, or elsewhere in Europe) offering local services via the Platform pursuant to a separate Service Provider Agreement entered into with the Company.
1.5 Hospitality Manager: A person who assists a Property Owner with guest-facing operations such as check-in, check-out, on-site coordination, and Guest communication. A Hospitality Manager may have one of two distinct legal statuses on the Platform, as set out in Article 3.4: (a) a Property Owner Sub-User, invited and authorised by a specific Property Owner; or (b) an Uniek-Listed Hospitality Manager, who is an independent Service Provider listed in the Uniek marketplace and bookable by Property Owners.
1.6 User: Any Property Owner, Guest, Service Provider, or Hospitality Manager who accesses or uses the Platform.
1.7 Agreement: The contractual relationship between the Company and the User governed by these Terms and, where applicable, any separate agreement (such as the Service Provider Agreement or a Property Owner subscription agreement).
1.8 Activated Property Owner Booking: A booking entered into the Platform by or for the Property Owner (whether directly by the Property Owner, via an integration, by email forwarding, or by Uniek staff on behalf of the Property Owner) in respect of a Guest who will stay at the Property Owner's property. An Activated Property Owner Booking triggers the Guest Experience and the related communications to that Guest. The Platform Fee for an Activated Property Owner Booking is charged when the check-in date of that booking has passed; where the Property Owner deletes an Activated Property Owner Booking before the check-in date, the Company refunds the consumed booking credit or does not charge the per-booking Platform Fee.
1.9 Service Provider Booking: A booking made by a Guest, via the Guest Experience on the Platform, for a service offered by a Service Provider (for example, a massage, private chef, or yoga session). The Company charges the Guest a Reservation Fee, added on top of the Service Provider's Service Price, in respect of each Service Provider Booking, as set out in Article 4.A.3.
1.10 AI Concierge: The AI-powered conversational assistant offered by the Company through the Platform, WhatsApp, SMS, in-app chat, and other supported channels, which assists Guests, Property Owners, and Hospitality Managers with information, recommendations, and Platform tasks, as further described in Article 6.
1.11 Stay Booking: A reservation made by a Guest for a stay at a Property Owner's property via a third-party channel (such as Booking.com or Airbnb) or directly with the Property Owner. The Company is not a party to, and does not facilitate, the Stay Booking itself.
2.1 Governing Law: These Terms are governed by the laws of the Netherlands, which is the jurisdiction of incorporation of Uniek AI Netherlands BV. This choice of law is subject to the following two qualifications: (a) mandatory provisions of EU consumer protection law grant Guests, as consumers, the protection of the mandatory rules of the law of their habitual residence (in accordance with Article 6 of Regulation (EU) No 593/2008 on the law applicable to contractual obligations, "Rome I"); and (b) mandatory provisions of the law of the country in which a Service Provider is established may apply to the extent required by applicable law.
2.2 Forum: Subject to the mandatory consumer-protection rules referred to in Article 2.1(a), any dispute arising out of or in connection with these Terms shall be submitted to the competent courts of Amsterdam, the Netherlands. For disputes specifically connected to a Service Provider relationship, the forum is determined in accordance with the Service Provider Agreement.
2.3 DSA Compliance: The Company acts as an "online intermediary service provider" and an "online platform" within the meaning of the EU Digital Services Act (Regulation (EU) 2022/2065) and complies with the obligations applicable to such platforms across the Union.
2.4 Role of the Company: The Company provides the technical infrastructure and a marketplace through which Service Providers can be discovered and booked, and charges the Guest a Reservation Fee in respect of each Service Provider Booking as set out in Article 4.A.3. Unless stated in the platform, the Company does not provide the underlying local services, does not collect the Service Price from Guests on the Service Provider's behalf, does not exercise supervision or control over Service Providers, and is not a party to any agreement between Guests and Service Providers.
2.5 No Stay Booking Facilitation: The Company does not facilitate the underlying Stay Booking. Stay Bookings are concluded between the Guest and the Property Owner (or via the Property Owner's chosen distribution channel such as Booking.com or Airbnb). The Platform engages only after a Stay Booking has been confirmed and forwarded to Uniek, and any obligations between the Guest and the Property Owner under that Stay Booking remain governed by the relevant Stay Booking terms.
3.1 Property Owners: The Company grants Property Owners a non-exclusive, non-transferable, revocable SaaS licence to use the Platform for business purposes. Acceptance of these Terms by a Property Owner occurs upon completing the Property Owner sign-up process and ticking the acceptance box presented at that time. The Company records the date, time, IP address, and account details of acceptance and retains this record as evidence of the Property Owner's agreement to be bound by these Terms.
3.2 Guests Acceptance: A Guest accepts these Terms by any of the following means, each of which constitutes affirmative acceptance: (a) clicking on a call-to-action included in an email, SMS, or WhatsApp message sent to the Guest in connection with their Stay Booking (for example, a "Personalise your stay" or "Open your Guest App" link), and then accessing or using any part of the Platform; (b) creating a Guest profile or account on the Platform; or (c) initiating a conversation with the AI Concierge via any supported channel.
3.3 Service Providers: Service Providers access the Platform under a separate Service Provider Agreement that is accepted via a clickwrap mechanism during the Service Provider onboarding process. Service Providers act as independent contractors. No employment, agency, joint venture, or partnership relationship exists between the Company and the Service Provider, and the Service Provider is not subject to the direction, control, or authority of the Company in respect of how, when, or where the Service Provider delivers its services.
3.4 Hospitality Managers: A Hospitality Manager accesses the Platform under one of the following two statuses:
(a) Property Owner Sub-User (default case): A Hospitality Manager engaged directly by a Property Owner and invited by that Property Owner to access the Platform. The Hospitality Manager operates as a sub-user under the Property Owner's account and acts on behalf of, and under instructions from, the Property Owner. The Property Owner is responsible for binding the Hospitality Manager to these Terms before granting access, for the Hospitality Manager's conduct on the Platform, and for all acts and omissions of the Hospitality Manager in connection with the Guest Experience.
(b) Uniek-Listed Hospitality Manager: A Hospitality Manager who is listed in the Uniek marketplace as a service offering and who may be booked by Property Owners on a per-assignment or recurring basis. An Uniek-Listed Hospitality Manager is a Service Provider for the purposes of these Terms and the Service Provider Agreement and is an independent contractor, not an employee, agent, or representative of the Company.
3.5 No Employment Relationship with Hospitality Managers: Whether a Hospitality Manager operates as a Property Owner Sub-User or as an Uniek-Listed Hospitality Manager, no employment relationship exists between the Company and the Hospitality Manager. The Company may offer optional best-practice guidance, training materials, branded clothing, or accessories to Hospitality Managers; however, use of such materials is entirely voluntary, and the Hospitality Manager remains free to decline them without affecting their status on the Platform.
3.6 Liability Allocation for Hospitality Managers: Where a Hospitality Manager acts as a Property Owner Sub-User, the Property Owner is solely responsible and liable to Guests, Service Providers, and third parties for the acts and omissions of that Hospitality Manager, including (without limitation) mishandled check-ins or check-outs, incorrect or misleading information sent to Guests, and the handling of Guest complaints. The Property Owner shall indemnify the Company against any third-party claims arising from the conduct of such a Hospitality Manager.
3.7 Account Termination and DSA Rights for Hospitality Managers: Hospitality Managers are Users for the purposes of these Terms. The Statement of Reasons mechanism (Article 10.6) and the complaint and redress procedure (Article 10.8) apply equally to Hospitality Managers in respect of decisions affecting their access to, or use of, the Platform.
4.A — Service Provider Bookings: Reservation Fee and Guest Payment Flow
4.A.1 Direct Payment from Guest to Service Provider: Payment of the Service Price for the underlying service is made directly by the Guest to the Service Provider. The Service Provider is solely responsible for determining which payment methods to accept from the Guest (including cash, card terminal, bank transfer, or any third-party payment method), for collecting the Service Price, and for issuing any required receipts or invoices. The Company does not collect the Service Price from the Guest on the Service Provider's behalf.
4.A.2 Communication of Available Payment Options: The Company's sole role in respect of payment for the underlying service is to communicate, via the Platform, the payment options that the Service Provider has indicated they accept. The Company does not validate, supervise, or guarantee these payment methods, and the choice of, and arrangements for, payment remain a matter between the Guest and the Service Provider.
4.A.3 Reservation Fee: The Service Provider sets its own price for each service in its Platform profile (the "Service Price"). The Company adds a Reservation Fee on top of the Service Price, and the sum of the Service Price and the Reservation Fee is the total price displayed to and payable by the Guest. The Reservation Fee is the Company's commission for facilitating the Service Provider Booking. The Reservation Fee is currently fifteen percent (15%) of the Service Price and is subject to change upon notice published on the Platform. The Reservation Fee is collected from the Guest via a licensed third-party Payment Service Provider (PSP), is earned upon the booking being confirmed, and is non-refundable except where the Company is at fault for a failed transaction.
4.A.4 Invoicing: Service Providers are solely responsible for providing Guests with a valid invoice for the Service Price in respect of the services rendered, in accordance with the tax law of the country in which the service is performed. Uniek will issue the Guest a receipt or invoice in respect of the Reservation Fee.
4.A.5 No Segregated Client Funds Vehicle: By using the Platform, Users acknowledge that the Company does not operate a segregated client funds vehicle (such as a Dutch Stichting Derdengelden or a foreign equivalent). The Service Price never flows through a Company account; the Company's payment infrastructure is used only to collect the Reservation Fee from the Guest, the Platform Fee from the Property Owner, and any other amounts owed to the Company under these Terms.
4.B — Property Owner Platform Fee
4.B.1 Signpost: Property Owners pay Uniek a Platform Fee per Activated Property Owner Booking, with an optional annual booking credit bundle. Where the check-in date of an Activated Property Owner Booking has passed, the Company charges the per-booking Platform Fee or consumes one booking credit; where the Property Owner deletes an Activated Property Owner Booking before the check-in date, the Company refunds the consumed booking credit or does not charge the per-booking Platform Fee. The detailed pricing, billing cadence, and bundle mechanics are set out in the Property Owner Agreement.
4.C — Property Owner Purchases of Supplies and Services
4.C.1 Signpost: Uniek may, from time to time, make available supplies and services for purchase by Property Owners, subject to supplementary terms presented at the point of purchase. The framework for such purchases is set out in the Property Owner Agreement.
4.D — Common Provisions
4.D.1 Uniek Collects Only via Electronic Payment: The Company collects its reservation fees, platform fees, and any other amounts owed to it under these Terms exclusively by electronic payment, through either (a) a licensed third-party Payment Service Provider (PSP), or (b) a direct invoice issued by the Company to the Property Owner and settled by bank transfer to the bank account designated by the Company on the invoice. The choice of collection method is at the Company's discretion and may vary by user category, fee type, or jurisdiction. The Company does not accept, process, or collect any payment in cash. The Company's sole role in respect of payments for the underlying service between a Guest and a Service Provider is to communicate the payment options that the Service Provider has indicated they accept, as set out in Article 4.A.2.
4.D.2 No Liability for Cash or Off-Platform Payments: Where a Guest pays a Service Provider or a Property Owner in cash, or through any payment method or channel outside the Platform, the Company does not process, facilitate, supervise, or bear any responsibility for such payment. The Company bears no liability whatsoever in respect of such transactions, including as to their performance, accuracy, legality, tax compliance, or refundability. The Service Provider or Property Owner accepting such payment is solely responsible for compliance with applicable cash-payment limits and reporting obligations under local law. This Article 4.D.2 does not apply to, or limit, the Company's right to collect its own fees from Guests, Service Providers, and Property Owners under Article 4.A.3 and Article 4.B.
5.1 Total Cap: Notwithstanding anything to the contrary, and without prejudice to mandatory rights of Guests as consumers under applicable law, the Company's total aggregate liability for any claim under this Agreement, whether in contract, tort, or otherwise, is limited to the total amount of fees paid by the User to the Company in the three (3) months preceding the event giving rise to the claim, with an absolute maximum of EUR 1,000. For Users who do not pay fees directly to the Company (including Guests and Hospitality Managers acting as Property Owner Sub-Users), the Company's total aggregate liability is limited to the absolute maximum of EUR 1,000.
5.2 Scope: This cap is essential to the pricing of the SaaS licence and commissions; without this limitation, the Company would not be able to provide the Platform at the current rates.
5.3 Exclusion of Indirect and Consequential Loss: Without prejudice to mandatory rights of Guests as consumers under applicable law, the Company shall not be liable to any User for any indirect, consequential, special, incidental, or punitive damages, or for any loss of profit, loss of revenue, loss of business, loss of opportunity, loss of goodwill, loss of anticipated savings, loss of data (other than as required under data-protection law), or loss of bookings, in each case whether foreseeable or not, and whether arising in contract, tort, breach of statutory duty, or otherwise. This exclusion applies in addition to, and within, the cap set out in Article 5.1; it does not apply to liability that cannot lawfully be excluded, including liability for death or personal injury caused by the Company's negligence, for fraud or fraudulent misrepresentation, or for any other liability the exclusion of which is prohibited by applicable law.
5.4 Service-Specific Liability Exclusions: Given that the Company acts solely as a technology platform and facilitator, and does not employ, supervise, or control Service Providers, the Company expressly excludes all liability for the in-person delivery of services booked via the Platform. Without limiting the generality of Article 5.1 and Article 2.4, the following specific exclusions apply:
(a) Wellness and Massage Services: The Company bears no liability or responsibility whatsoever in relation to any wellness, massage, or bodywork service booked via the Platform, including any claim arising from physical discomfort, injury, inappropriate conduct, unwanted physical contact, or any interaction between the Guest and the Service Provider that the Guest experiences as uncomfortable, unsafe, or in breach of personal boundaries. The Service Provider is solely responsible for the professional, lawful, and respectful delivery of such services. Guests are encouraged to verify the credentials and certifications of Service Providers prior to booking.
(b) Private Chef and Catering Services: The Company bears no liability or responsibility whatsoever in relation to any private chef, catering, or food preparation service booked via the Platform, including any claim arising from the quality, taste, presentation, or nutritional content of food prepared; food allergies or intolerances (whether or not disclosed to the Service Provider); food poisoning or illness; failure to meet dietary requirements; or any other aspect of the culinary experience. The Service Provider is solely responsible for complying with all applicable food safety regulations of the country in which the service is performed (including, in Spain, Royal Decree 3484/2000 on hygiene and food handling, and the AESAN framework; and in Portugal, the ASAE framework and applicable HACCP requirements), as well as any allergen disclosure obligations. Guests with dietary requirements or allergies must communicate these directly to the Service Provider prior to the service.
(c) Childcare and Babysitting Services: The Company bears no liability or responsibility whatsoever in relation to any childcare, babysitting, or child supervision service booked via the Platform, including any claim arising from injury, accident, illness, emotional distress, or any other harm to a child occurring during or in connection with the service; the conduct, competence, or suitability of the Service Provider; or the Service Provider's failure to hold required certifications or background screening. Parents and guardians are solely responsible for satisfying themselves as to the suitability, qualifications, and background of any childcare Service Provider prior to booking, and for ensuring the Service Provider meets any requirements under the applicable law of the country in which the service is performed. The Company does not carry out background checks on Service Providers.
(d) General In-Person Services: For all other in-person services facilitated via the Platform, the Company bears no liability for the quality, safety, legality, or outcome of any service delivered by a Service Provider. All claims relating to service delivery must be directed to the Service Provider directly. The Company's sole role is to facilitate the booking and process the payment as set out in these Terms.
5.5 Platform Availability and Software Defects: The Platform is provided on an "as-is" and "as-available" basis. The Company does not warrant or guarantee that the Platform will operate without interruption, error, or defect at all times. The Platform may be temporarily unavailable due to scheduled maintenance, software updates, infrastructure work, or unforeseen technical failures. The Company will endeavour to provide advance notice of planned downtime where reasonably practicable but is under no obligation to do so. As with all software products, the Platform may contain bugs, errors, or defects. The Company will address reported bugs and errors based on its own assessment of priority, severity, and available resources, and provides no guarantee as to the timeline within which any bug or error will be resolved. Any claim for damages arising from Platform unavailability or software defects is subject to, and shall not exceed, the liability cap set out in Article 5.1.
5.6 AI Concierge Sub-Cap: Given the novel and rapidly evolving nature of large language model technology, the inherent possibility of inaccurate, incomplete, or unexpected outputs, and the difficulty of quantifying loss arising from automated conversational responses, the Company's total aggregate liability for any claim arising out of or in connection with the AI Concierge (including any reliance on its output, any error or hallucination, any unavailability, and any data processing performed by it), whether brought by a Guest, a Property Owner, a Hospitality Manager, or any other User, is limited to an absolute maximum of EUR 100 per User per twelve (12) month period. This sub-cap applies in place of, and not in addition to, the cap in Article 5.1 in respect of AI Concierge claims. For the avoidance of doubt, this sub-cap is subject to Article 5.3 (exclusion of indirect and consequential loss) and does not limit any liability that cannot lawfully be limited under applicable law, including mandatory rights of Guests as consumers.
6.1 Description: The Platform includes an AI-powered conversational assistant (the "AI Concierge") that may be accessed by Guests, Property Owners, and Hospitality Managers through supported channels including the web application, the mobile experience, WhatsApp, SMS, and in-app chat. The AI Concierge can answer questions about the stay, the property, local recommendations curated by the Property Owner, available Service Provider offerings, and other Platform features.
6.2 AI Transparency: The AI Concierge is an automated system based on large language model technology. Users interacting with the AI Concierge are clearly informed that they are interacting with an artificial intelligence and not a human, in accordance with Article 50 of the EU AI Act (Regulation (EU) 2024/1689). The AI Concierge may, in some circumstances, escalate or hand off a conversation to a human (such as the Property Owner, a Hospitality Manager, or Uniek support).
6.3 Nature of Output: Responses generated by the AI Concierge are produced automatically and may contain inaccuracies, omissions, or out-of-date information. The AI Concierge does not provide legal, medical, financial, or other professional advice, and its output should not be relied upon as such. For decisions with material legal, financial, health, or safety consequences, Users should verify the information independently or contact the Property Owner or a qualified professional.
6.4 Recommendations and Bookings: Where the AI Concierge suggests Service Providers, restaurants, activities, or other recommendations, such suggestions are informational only and do not constitute an endorsement or guarantee by the Company. Any booking initiated through the AI Concierge remains subject to the relevant Service Provider's terms, cancellation policy, and the financial provisions of Article 4.
6.5 Data Processing: Messages exchanged with the AI Concierge (including via WhatsApp and SMS) are processed by the Company and its sub-processors for the purpose of providing the Services, improving the Platform, and ensuring safety and security. The Company acts as the independent (sole) data controller in respect of this Processing and determines its purposes and means. Processing is carried out in accordance with the GDPR and the Company's Privacy Policy. Users should not share special categories of personal data (such as health data) or payment card details with the AI Concierge.
6.6 Acceptable Use of the AI Concierge: Users shall not use the AI Concierge to: (a) generate or solicit unlawful, harmful, defamatory, harassing, or discriminatory content; (b) attempt to extract, reverse-engineer, or manipulate the underlying model, system prompts, or training data; (c) impersonate another person; or (d) circumvent the Platform or the reservation fee structure.
6.7 Availability: The AI Concierge is part of the Platform and is subject to the availability and software defect provisions of Article 5.5, and to the AI-specific liability sub-cap in Article 5.6. The Company may modify, suspend, or discontinue the AI Concierge, or any feature thereof, at any time.
7.1 Ownership: All software, source code, databases, model configurations, and trademarks comprising the Platform are the exclusive property of the Company.
7.2 Restrictions: Users are strictly prohibited from reverse-engineering, decompiling, scraping, or duplicating the Platform. Any breach constitutes a material breach of this Agreement.
8.1 Notice-and-Action: In accordance with the Digital Services Act, any person may notify the Company of illegal content via support@uniek.ai.
8.2 General Monitoring: Pursuant to Article 8 DSA, the Company has no general obligation to monitor content uploaded by Users.
8.3 Removal: The Company reserves the right to remove content that violates applicable law or these Terms. If an account is suspended or content is removed, the Company will provide a "Statement of Reasons" where required by Article 17 DSA.
9.1 Acceptable Use: Guests shall use the Platform only for lawful purposes connected to their stay at a property listed on the Platform. Guests shall not: (a) use the Platform to harass, threaten, or discriminate against any Property Owner, Service Provider, Hospitality Manager, AI Concierge interaction, or other User; (b) upload, transmit, or share unlawful, defamatory, sexually explicit, hateful, or infringing content; (c) attempt to access another User's account or content; (d) introduce malware, viruses, or other harmful code; (e) scrape, copy, or reproduce Platform content except as expressly permitted; or (f) circumvent the Platform to book Service Provider services outside it.
9.2 Account Creation: Where a Guest creates a Guest account, the Guest must be at least eighteen (18) years of age (or the age of majority in their country of residence, whichever is higher), provide accurate registration information, and maintain the security of their account credentials. The Guest is responsible for activity occurring under their account.
9.3 Reviews and Ratings: Where the Platform allows Guests to leave reviews or ratings (for Service Providers, properties, or features), reviews must reflect the Guest's genuine, first-hand experience. Reviews shall not contain personal attacks, unverified accusations, discriminatory language, personal data of third parties, or content unrelated to the service or stay. The Company may remove or moderate reviews that breach these standards in accordance with Article 8.
9.4 Relationship with the Stay Booking: The Stay Booking between the Guest and the Property Owner (whether via Booking.com, Airbnb, or any other channel) is a separate legal relationship to which the Company is not a party. These Terms govern the Guest's use of the Platform and any services booked through the Platform; they do not modify, replace, or override the terms of the Stay Booking. Any dispute relating to the property itself, the stay, refund of the accommodation price, or the Stay Booking terms must be addressed to the Property Owner or the relevant Stay Booking channel, not to the Company.
9.5 Communications: By providing a phone number, email address, or WhatsApp identifier in connection with a Stay Booking, the Guest agrees that the Company and the Property Owner may send Service-related communications (including AI Concierge messages, stay information, service offers, and operational messages) via those channels. Guests may opt out of non-essential communications via the unsubscribe or stop mechanism indicated in each channel; opting out of essential operational messages may limit the functionality of the Platform.
9.6 Cancellation of Service Provider Bookings by the Guest: Where a Guest cancels a confirmed booking with a Service Provider, the cancellation is governed by the cancellation policy published by that Service Provider on the Platform (or, where the Service Provider has not published a policy, by the default cancellation policy of the Company published on the Platform from time to time). Where the Guest cancels after the cancellation window in the applicable policy has passed, any late cancellation penalty set out in that policy applies. The minimum amount of the late cancellation penalty payable by the Guest under this Article 9.6 is the commission amount that the Company would have earned on the Booking under Article 4.A.3, and the Service Provider may not publish a policy that sets a lower minimum. Where the Company collects the full service payment from the Guest on the Service Provider's behalf, the Company will pursue the penalty from the Guest, retain the commission, and remit the remainder to the Service Provider. Where the Service Provider collects the service payment directly from the Guest (the current default model under Article 4.A), the Service Provider is solely responsible for claiming and enforcing the late cancellation penalty from the Guest, and the Company has no obligation to pursue such penalty on the Service Provider's behalf; in that case, however, the Service Provider remains liable to the Company for the commission amount on the Booking in accordance with the Service Provider Agreement.
10.1 Platform Integrity: Service Providers, Property Owners, and Hospitality Managers (each acting in a professional, B2B capacity) are prohibited from circumventing the Platform to avoid fees owed to the Company. This Article 10 does not apply to Guests acting as consumers.
10.2 Breach: Where a Service Provider, Property Owner, or Hospitality Manager (acting in a professional, B2B capacity) proactively solicits Guests outside the Platform in order to deliver, off the Platform, services initially discovered via the Platform and thereby avoid the Reservation Fee, this constitutes a material breach, entitling the Company to immediate termination of the account and to liquidated damages equal to 24 times the Reservation Fee that applied or would have applied to the circumvented booking(s), with a minimum of EUR 500 per incident. The Parties agree that this amount is a genuine pre-estimate of the Company's loss and constitutes the Company's sole monetary remedy for the circumvention itself; the Company does not, in addition, claim further damages for the same circumvention. This Article 10.2 does not apply to Guests. Additional anti-circumvention obligations applicable to Service Providers (including post-termination survival) are set out in the Service Provider Agreement.
11.1 Responsibility: Property Owners and Service Providers are solely responsible for the declaration and payment of VAT (IVA in Spain and Portugal), income tax, social security contributions, bookkeeping obligations, and local tourist taxes, in accordance with the laws of the country in which they are established or in which the service is performed. Each Service Provider further represents that they are duly registered as an independent professional or business under applicable local law (for example, as an autónomo in Spain or as a trabalhador independente or empresário em nome individual in Portugal) and, where applicable, hold a valid VAT identification number.
11.2 Licensing: It is the sole responsibility of the Service Provider to possess all permits, licences, and certifications required under the law of the country in which the service is performed.
12.1 Property Owner Subscription and Termination: Property Owner subscription, termination, and notice periods are governed by the Property Owner Agreement.
12.2 Service Provider Termination: A Service Provider may terminate their relationship with the Company at any time, with no minimum term, by giving written notice to the Company (by email to support@uniek.ai or via the Service Provider account settings), provided that the Service Provider shall remain obliged to perform any confirmed bookings with a scheduled service date falling within five (5) business days after the date of the termination notice. The Service Provider may not refuse to perform such confirmed bookings on the basis of termination. The Service Provider Agreement contains additional termination provisions consistent with this Article 12.2.
12.3 Guest Account Termination: A Guest may delete their Guest account at any time via the account settings or by writing to support@uniek.ai. Termination by a Guest does not affect any confirmed bookings, which remain governed by the applicable cancellation policy.
12.4 Termination for Cause (Default): Without prejudice to any other rights, either party may terminate the Agreement with immediate effect if the other party fails to remedy a material breach of these Terms within fourteen (14) days of a written notice of default, or is granted a suspension of payments, is declared bankrupt or insolvent, or enters into liquidation (whether under Dutch law, Spanish concurso de acreedores, Portuguese insolvência, or equivalent proceedings in another jurisdiction).
12.5 Suspension of Services (DSA Aligned): The Company reserves the right to temporarily suspend or restrict access to the Platform (or specific content) if a User violates the marketplace conduct or anti-circumvention rules, if there is a suspected security breach or unauthorised use of account credentials, or if required by law or a valid order from a competent regulatory authority.
12.6 Statement of Reasons (Article 17 DSA): If the Company decides to permanently terminate, suspend, or restrict a User's account (including a Hospitality Manager's account) based on a violation of these Terms or the presence of illegal content, the Company will provide the affected User with a clear and specific Statement of Reasons. This notice will outline the facts, the specific clause breached, and the User's right to appeal the decision through the Company's internal complaint-handling system.
12.7 Complaint Handling and Redress (DSA Articles 20 to 21): Users (including Hospitality Managers) may submit complaints regarding the Company's decisions (including account suspension, content removal, or termination) by contacting support@uniek.ai. The Company will acknowledge complaints within ten (10) business days and provide a substantive response within thirty (30) business days. Users may also refer disputes to out-of-court settlement bodies in accordance with DSA Article 21.
13.1 Severability: If any provision is found to be invalid under applicable law, the remaining provisions shall remain in full force.
13.2 Amendments: The Company may amend these Terms. Continued use of the Platform after notification of changes constitutes acceptance.
13.3 Entire Agreement: These Terms, together with the Company's Privacy Policy (available at https://uniek.ai/privacy-policy) and, for Service Providers, the Service Provider Agreement, constitute the entire agreement between the parties regarding the use of the Platform. In the event of a conflict between these Terms and the Service Provider Agreement, the Service Provider Agreement prevails in respect of the Service Provider relationship. Users are encouraged to review the Privacy Policy, which governs the processing of personal data in accordance with the GDPR and applicable local law.
14.1 B2B Exclusion: In accordance with applicable law, the statutory right of withdrawal does not apply to Property Owners or Service Providers acting in a professional capacity.
14.2 Digital Content (Guests): In relation to the digital Platform services provided to Guests: by accessing the Platform and its digital content, the Guest explicitly requests the immediate commencement of the service.
14.3 Waiver: The Guest acknowledges that they lose their statutory fourteen (14) day right of withdrawal under EU Directive 2011/83/EU on consumer rights (as harmonised across the European Union and as implemented in Dutch law in Articles 6:230o and 6:230p of the Burgerlijk Wetboek, or in any other equivalent national implementing law that may apply by virtue of Article 2.1(a) of these Terms) once the performance of the digital service has begun. For this waiver to be valid, the Guest must provide explicit confirmation at the point of acceptance (for example, a tick-box at checkout or affirmative engagement with the call-to-action that triggers acceptance under Article 3.2) confirming that the service commences immediately and that the right of withdrawal is thereby waived. This clause serves as the legal basis; the operative waiver is effected at the point of acceptance.
14.4 Service Provider Bookings: The right of withdrawal for specific local services (for example, tours, catering, or leisure activities) is governed by the terms of the Service Provider and may be excluded for leisure activities tied to a specific date in accordance with applicable EU consumer law.
15.1 Definition: Force Majeure includes all external causes, foreseen or unforeseen, over which the Company has no influence, including widespread internet or telecommunications outages, cyber-attacks, DDoS attacks, large-scale malware infections, power failures, disruptions in the services of third-party cloud providers (such as AWS or Azure), and governmental measures or strikes that prevent the Platform from operating.
15.2 Suspension of Obligations: During a period of Force Majeure, the Company's obligations are suspended. If the period lasts longer than thirty (30) days, either party may terminate the Agreement without any obligation to pay damages.
16.1 User Responsibility: This Article 16 applies to Property Owners, Service Providers, and Hospitality Managers acting in a professional (B2B) capacity. Nothing in this Article limits or excludes the statutory rights of Guests acting as consumers under applicable law. The User shall indemnify and hold the Company harmless against any and all third-party claims, damages, costs, and legal expenses (including reasonable attorney fees) arising out of or related to: a breach of these Terms; the performance or non-performance of services by a Service Provider; the conduct of a Hospitality Manager engaged as a Property Owner Sub-User (for which the Property Owner is responsible); the conduct of a Guest at a Property; or any violation of third-party rights (including IP rights and privacy rights) by content uploaded by the User.
16.2 Legal Defence: In the event of a claim, the Company reserves the right to assume the exclusive defence, and the User agrees to cooperate fully with the Company in asserting any available defences.
Uniek AI Netherlands BV
Krelagestraat 29, 2012 CR, Haarlem, The Netherlands