Terms and Conditions of Loopa Services Lda.
Revision 1.0 | Last update on 25.03.2024
These Terms and Conditions (“T&C”) define the rules and regulations for the use of the Loopa platform, its services, and the related website, owned by Loopa Services, Lda. and its affiliates, also known as "Loopa," a limited liability company based at Rua Dr. Gomes Leal, No. 3-A, 2560-331 Torres Vedras, Portugal, with a corporate registration number of 517593360, with a share capital of two hundred thousand euros.
The User agrees to these T&C when creating an account on the Loopa platform, or by continuing to use the Loopa Services after being notified of a change to these T&C via the email address info@loopa.co. The User should read, print, and save a copy of these T&C as Loopa does not keep a copy for the User, limiting itself to maintaining the most current version available online at: https://www.loopa.pt/en/terms-conditions.
TERMS AND CONDITIONS OF THE LOOPA PLATFORM AND SERVICES
The Loopa online platform, as well as the services available on it, has been designed to be used by property owners or managers, regardless of the number of properties involved.
These T&C are a binding legal agreement between the User and Loopa. By creating an account to use the platform and contracting the services available, the User agrees to these T&C in full, as well as the attached documents mentioned herein that govern all Loopa activity.
1. SCOPE
1.1. For the purposes of these T&C, “Users” (also referred to in the singular) are individuals or entities who have registered on the platform and whose registration has been validated by Loopa.
1.2. By accessing, navigating, and using the platform, the User agrees to these T&C, as well as to Loopa's Privacy Policy, which is incorporated by reference and available at https://www.loopa.co/politicaprivacidade.htm.
1.3. For the purposes of these T&C, service providers, “Suppliers,” are those available on the platform when used.
1.4. Loopa maintains a contractual relationship with the User who contracts a service through the platform, but it does not assume full responsibility for the execution of services, as the conditions in this regard are set forth in point 3 below.
2. REGISTRATION PROCESS
2.1. The agreement between Loopa and the User is concluded through the User's registration on the Loopa platform, followed by a confirmation email sent by Loopa to the User.
2.2. User registration is required to use the platform, is free of charge, and implies prior acceptance of these T&C.
2.3. Registration must be done in the name of an individual or entity. Registration on behalf of an entity must be made by an individual with the necessary authority, who must also provide their own details as the representative.
2.4. After registering, the User must connect their property management system (“PMS”) in order to gather all property details. Once the connection is made, the User should verify and complete the information for each property and keep it updated as necessary.
2.5. After connecting the PMS, the User must indicate that all relevant information has been entered on the platform to receive a personalized quote. Only after accepting this quote can the User begin contracting services available on the Loopa platform.
2.6. The User must provide and keep updated all necessary registration details, including their name, valid email address, or company name along with the name of the authorized representative, if applicable.
2.7. By agreeing to these T&C, the User also guarantees that their activity is properly legalized, whether it involves registering as an individual or obtaining a Local Accommodation License, etc.
2.8. The User must provide and maintain all necessary data for the correct delivery of services, including property details and circumstances relevant to the services being provided, including any schedule changes.
2.9. Required data includes, for example, deactivating any properties that no longer require maintenance or deactivating redundant integrations.
2.10. By accepting the T&C, the User also agrees to subscribe to Loopa's email communications. The User can withdraw consent at any time without cost by visiting https://www.loopa.co/marketing/optout.
3. THE PLATFORM AND THE DUTIES OF SUPPLIERS AND LOOPA
3.1. The platform is the online space where Users can purchase services from registered Suppliers as well as Loopa’s own services as a Supplier.
3.2. Loopa facilitates this process by implementing commercial strategies, resources, technological tools, providing customer support, enabling online payments, and issuing invoices.
3.3. Loopa currently offers:
3.3.1. Cleaning and sanitization services;
3.3.2. Bed linen and towel rental services;
3.3.3. Laundry services for bed linen and towels;
3.3.4. Personal hygiene products supply;
3.3.5. Kitchen supplies (e.g., cloths, detergents, dishwasher or laundry capsules, etc.).
3.4. The Supplier is responsible for ensuring the provision of agreed services upon the User’s request, in accordance with the required quality standards for each area of activity and market, and also according to the standards established contractually between Loopa and the Suppliers.
3.5. Loopa requires Suppliers to provide relevant company and insurance documentation, such as, but not limited to:
3.5.1. Articles of Association (if applicable), company registration number, or employer identification number confirmation;
3.5.2. Copy of the identification document of the legal representative, executive, and/or director of the Supplier;
3.5.3. Copy of the Supplier’s liability insurance;
3.5.4. Copies of insurance related to each worker of the Supplier providing services.
3.6. Loopa wants to make it clear that, in contracting with different Suppliers as well as its own employees:
3.6.1. We follow a fair wage policy;
3.6.2. All employees receive the necessary training for their roles, provided by Loopa, in addition to any training they may receive from Suppliers;
3.6.3. Proof of insurance is required for the Supplier, as well as for their employees;
3.6.4. Loopa guarantees the use of professional equipment for services provided on the platform;
3.6.5. For laundry services, we only work with efficient industrial laundries, preferably eco-friendly;
3.6.6. For specific product supply services, we also prefer eco-friendly products.
3.7. Personal data files, such as the copy of the identification document mentioned in 3.4.2, are used solely for validation purposes and are not stored on the Loopa platform, as per the Data Protection and Privacy Policy.
3.8. Loopa cannot guarantee that the Supplier’s identity will be clearly visible before purchasing a service, as various Suppliers may be used for the same service due to the platform's architecture.
3.9. Loopa intervenes to ensure cleaning services are provided according to the agreed conditions, including Standard Operating Procedures, as well as any generic or individual checklists provided by Loopa or the User, and may apply control measures and sanctions as stipulated in the T&C.
3.10. Any claims for damages occurring during the provision of a service or any delays must be made by the User to Loopa within a maximum of 48 hours after the service is completed, via email at info@loopa.co. The claim will be analyzed and responded to within 24 hours, except on Saturdays, Sundays, and holidays.
3.11. Regarding laundry services (for bed linen rental, see point 5 of these T&C):
3.11.1. The User is responsible for delivering the bed linen in good condition, as well as for renting new units (e.g., due to normal wear or damage by guests) to ensure good condition.
3.11.2. It is solely Loopa's responsibility to determine and inform the User when any of the provided items no longer meet Loopa's minimum quality standards.
3.11.3. If the item’s condition issue is due to the User's misuse, they must pay the associated replacement cost.
3.11.4. The Supplier is responsible for any damage or loss occurring during or as a result of a laundry service.
3.11.5. Both Suppliers and Users are strongly advised to inventory the laundry at the start of collaboration and periodically to ensure better control over circulating items.
3.11.6. The responsibility for safeguarding the keys to the property lies solely with the Supplier, who is thus responsible for the costs of replacement or theft associated with the loss or damage of the keys.
3.11.7. Suppliers are advised to use all the tools provided by Loopa through its platform/application daily in order to ensure higher levels of quality and control, and better communication with Users.
3.12. Control measures and sanctions:
3.12.1. The Supplier shall provide a new corrective service free of charge whenever the services requested by the User:
3.12.1.1. Are no longer provided without prior notice from the Supplier;
3.12.1.2. Are not provided according to the agreed conditions, including standard operating procedures and checklists; or
3.12.1.3. Result in quality complaints from guests.
3.12.2. Neither the Supplier nor Loopa can be held liable for any additional costs or loss of revenue resulting from a guest's quality complaint regarding the service (e.g., accommodation replacement costs or revenue loss due to a canceled booking).
3.13. Loopa reserves the right to suspend or cancel its relationship with a Supplier if the Supplier fails to meet the task list, the specifications required by the User, or fails to provide the services with the required quality.
4. OBLIGATIONS OF THE USER RELATING TO THE ACCOUNT ON THE PLATFORM AND SYSTEM INTEGRITY
4.1. The User is solely responsible for the purchases made on the platform through their registered account.
4.2. The User's account is for their personal and exclusive use, and they must maintain the confidentiality of their password.
4.3. The User is responsible for all actions performed on their account.
4.4. The User is solely responsible for ensuring that the information provided to the platform is up to date and accurate. This includes, but is not limited to, addresses, number of rooms, bathrooms, and any other relevant information that may affect the billing of services.
4.5. If the User becomes aware that a third party has accessed their data or account, they must immediately notify Loopa via the email address info@loopa.co so that Loopa can take all necessary measures to resolve the situation and avoid any resulting losses, including the indefinite suspension or even the closure of the User's account.
4.6. The User agrees to pay any applicable additional fees if the apartment is excessively dirty or if the cleaning team has to wait for the guests to leave. Loopa must inform the User of the occurrence via the platform as soon as possible, but in any case, this should not exceed 48 hours after the occurrence.
4.7. The User agrees to adapt their systems and programs for the use of the Loopa platform, ensuring security and integrity for the proper functioning of the platform.
4.8. The User agrees not to enter into any contracts, directly or through any other entity or platform (other than Loopa or Loopa-owned), with Loopa Suppliers for the provision of the same services provided by or through Loopa and its platform, unless they have first terminated their contractual relationship with Loopa with the required notice period, as defined contractually and in accordance with section 11 of this document.
4.9. The User is hereby informed that the Supplier is fully responsible for the keys to the properties, even if they have been handed over to a Loopa employee. The Supplier is responsible for indemnifying the User for the costs related to the loss or damage of the keys.
4.10. The filing of any type of information sent or published by Loopa and required for legal purposes is the sole responsibility of the User.
5. TERMS AND CONDITIONS REGARDING SUPPLIED MATERIALS AND SERVICES RENDERED
5.1. Under Ordinance No. 262/2020, of November 6, as amended, the User is required to order and use at least one linen and towel rental and cleaning service per week, per bed (per set of bedding and towels), whenever the guest stays at the property for more than seven consecutive nights.
5.2. The User acknowledges that the rented linen must be washed exclusively by Loopa services and agrees to take the necessary precautions to ensure that the linen is not washed by third parties, such as the guests themselves.
5.3. The User will be charged a fixed fee by Loopa for lost or damaged items, according to the price list provided for such occurrences, available at https://www.loopa.co/comercial/tabelaprecos. The User can then request a refund from the guest if they deem it necessary and if the damage was caused by the guest, for example, through the deposit.
5.4. If the User has requested additional services or goods beyond those included in the predefined packages offered to them, a fixed fee will be charged for each additional service and/or item, according to the price list for these cases, available at https://www.loopa.co/comercial/tabelaprecos.
5.5. Associated with the costs described in the previous point, a variable delivery fee will be added depending on the distance, urgency, day, and time requested, among others. The applicable amount can be calculated based on the available information at https://www.loopa.co/comercial/tabelaprecos.
5.6. Loopa provides the products of the Suppliers but is not responsible for any damage caused by their use, such as allergic reactions, which remain the responsibility of the Suppliers.
5.7. Loopa fully monitors issues related to the staff providing the services, their logistics, etc., from start to finish. Information related to these elements is recorded on the platform for performance evaluations, among other things. Based on these elements, Loopa will decide whether to retain a person on its team.
5.8. Users should treat Loopa service Suppliers with the utmost care and respect. Any complaint, duly investigated, by a Loopa employee regarding a service provided to the User could lead to the termination of the contractual relationship.
5.9. Loopa reserves the right to suspend or exclude any User for failure to comply with the T&C or any legal provisions or any other issues that may jeopardize the continuation of the contractual relationship.
5.10. Loopa reserves the right, at any time, to assert its rights, interests, and claims using the appropriate legal mechanisms.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. No transfer of ownership of any intellectual property rights will occur under these T&C.
7. CONTENT MANAGEMENT AND RIGHTS
7.1. The content provided by Loopa is protected by copyright. The platform is publicly accessible and can be accessed through any internet connection with a valid registered account. The use of technologies such as crawlers or similar programs, whose purpose is not merely content indexing but also mass access, is prohibited, as is replicating content from the platform. The provisions of this paragraph also apply specifically to technologies that allow the capture of images during a call and other third-party services.
8. WEBSITE AVAILABILITY AND CHANGES
8.1. Loopa cannot guarantee that the platform will always be available. However, it is committed to making every effort to keep the platform operational with the fewest possible interruptions and continues to develop the platform for its improvement.
8.2. Loopa may temporarily restrict the use of the platform for reasons of security, integrity, capacity limits, or technical issues.
8.3. In the event of temporary unavailability of the platform/application or some of its features, Loopa will inform Users and Suppliers of this occurrence via email to the address associated with the User's account. It is expected that the provided email address is a work email, and Users and Suppliers are responsible for checking communications.
9. RESERVATION AND PAYMENT PROCESSING
9.1. The default payment method on the platform is direct debit with a credit/debit card.
9.2. Debits are usually made every Thursday for the amounts due for services in the following week.
9.3. In general, unpaid requests will be invalidated and not processed.
9.4. For direct debit payments as per 9.1, the User authorizes Loopa Services, Lda. and its affiliates to send instructions to the financial institution to receive payments from the account indicated by the User, in accordance with these T&C, and the billed amount for the services as outlined in the User's profile. Direct debits are processed through SEPA direct debit – either directly or via payment systems such as Stripe, Connect, or GoCardless, depending on where the services are provided by the Supplier.
9.5. For transactions where the direct debit was declined, if the refusal is due to circumstances attributable to the User, such as incorrect banking details or insufficient funds, an additional administrative fee of €18.00 will be charged.
9.6. If discrepancies arise that require a different service, more hours of work, more materials, etc. than agreed, the User will be notified at least 15 days in advance of the next direct debit of any additional charges considered.
9.7. The User may cancel or change the date and/or time of the service on the platform up to 24 hours in advance. If the service is canceled before the agreed limit, the User will have that amount deducted from the next invoice. In any other case, the previously agreed payment for the service is due.
10. INVOICING
10.1. Loopa issues invoices on its behalf to Users for services rendered.
10.2. The invoice sent to the User will be a simplified version of the services, but the complete and detailed description of the billed amounts and respective services, products, additions, discounts, etc., will be available in the User’s reserved area on the Loopa platform.
10.3. In any case, when invoices already issued need to be canceled and reissued due to incorrect billing information provided by the Users, Loopa is authorized to charge an additional administrative fee of €5.00 + VAT.
11. DURATION AND TERMINATION OF THE SERVICE
11.1. The agreement between Loopa and the User is entered into for a period of 12 (twelve) months, renewable for periods of equal duration, unless either party opts not to renew the contract, in which case they must inform the other party in writing at least 60 days prior to the renewal date, via email at info@loopa.co.
11.2. During the term of the contract, the User may terminate it by giving written notice with a minimum of 30 days’ notice, sent to Loopa via email at info@loopa.co. During the notice period, the User undertakes to continue scheduling the contracted services as expected, based on their regular business volume.
11.3. Loopa has the right to close or suspend a User’s account if:
11.3.1. The User fails to meet three consecutive payment obligations or five payment obligations within a 6-month period;
11.3.2. The User enters false personal data in their account, which invalidates the provision or billing of services in any way;
11.3.3. The User provides a false payment system;
11.3.4. The platform suspends or ceases its commercial activities, regardless of the reasons.
11.4. A User whose account has been suspended or terminated may not use another account to access the Loopa platform.
11.5. The User’s account cannot be deleted from the platform for technical or legal (tax) purposes.
12. APPLICABLE LAW AND JURISDICTION
12.1. The legal obligations arising from these T&Cs and all underlying contractual relationships will be governed and interpreted in accordance with Portuguese law.
12.2. Any disputes arising from these T&Cs and the provision of our services will be submitted to the courts of the Lisbon District, in Portugal.
13. MISCELLANEOUS
13.1. In cases of force majeure, caused by events beyond reasonable control, neither party shall be held liable for delays in performance or non-performance of their obligations, except for payment obligations.
13.2. If any provision of these T&Cs is, or becomes, invalid, unenforceable, or non-binding, the parties shall remain bound by all other provisions contained herein.
13.3. Any matters related to the rights and obligations of the parties that are not expressly regulated in these T&Cs shall be governed by the applicable special legislation, including the law governing contracts concluded at a distance and the applicable intellectual property protection laws.
13.4. Loopa is authorized to transfer any rights and obligations arising from these T&Cs, in whole or in part, to third parties.
13.5. All communications should be made through the platform, or if unavailable, via email. The email address of a User is the one displayed as a contact in the User’s profile.