PAYMENT POLICY

Please read these Service Payment Terms (“Payment Terms”) carefully, as they contain important information about your legal rights, remedies, and obligations. By using these Payment Services (as defined below), you agree to abide by and be bound by these Payment Terms.

These Payment Terms constitute a legally binding agreement (“Contract”) between you and SUNDES (as defined below) that governs the Payment Services (defined below) performed through or in relation to the Platform of SUNDES.

In some situations, customers may be required to enter into one-off contracts to process payments with SUNDES. In the event that there is any contradiction between these Payment Terms and the terms and conditions set forth in any corresponding payment processing agreement, the provisions of the latter shall prevail unless expressly provided otherwise.

Our system for collecting and using personal data and information in relation to your access to and use of the Payment Services is described in the SUNDES Privacy Policy.

1. SCOPE AND USE OF THE PAYMENT SERVICES.

1.1. SUNDES provides payment services to Members, including collection and payment services, in connection with, and through, the SUNDES Platform (“Payment Services”).

1.2. SUNDES may temporarily restrict and in accordance with the legitimate interests of the Members (for example: offering prior notification the availability of the Payment Services or certain services or functionalities thereof, in order to apply maintenance measures that guarantee the correct operation of the Payment Services or improve it. SUNDES may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. SUNDES will provide notice to Members of any changes to the Payment Services, unless These changes are minor and do not produce material effects on the contractual obligations of the parties.

1.3. The Payment Services may contain links to third party websites or resources (“Third Party Services”). Such Third-Party Services are subject to different terms, conditions and privacy practices and should be reviewed independently by Members. SUNDES is not responsible or liable for the availability or accuracy of such Third-Party Services or the content, products or services available from those Third-Party Services. Links to such Third-Party Services do not imply that SUNDES endorses such Third-Party Services.

1.4. You may not use the Payment Services except to the extent authorized by the laws of the jurisdiction that corresponds to your country of residence and any other applicable legislation. In particular, and by way of enumeration and therefore not limited to, the Payment Services may not be used to send or receive funds: (i) destined for countries subject to embargoes; (ii) those who appear on the list of rejected persons of the Department of Commerce of the local country. Thus, you represent and warrant that: (i) neither you nor your Host Service (s) are located or take place in a country that is subject to an embargo or that has been designated as a country that provides “assistance terrorist groups ”, and that (ii) you are not included by the local government in any list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any applicable export control legislation in your jurisdiction.

1.5. Your access or use of certain Payment Services may be subject to or conditional on your acceptance of certain additional terms and conditions. If there is any conflict between these Payment Terms and the applicable terms and conditions for a specific Payment Service, the latter conditions will take precedence with respect to your use or access to such Payment Service, unless otherwise indicated.

2. MAIN DEFINITIONS.

2.1. “Payment” refers to a payment initiated by SUNDES in favour of a Member for services (such as Property Profile Fees) provided in connection with the SUNDES Platform.

2.2. “Payment Method” refers to a financial instrument that you have added to your SUNDES Account, such as a credit card, a debit card or a PayPal account.

2.3. “Collection Method” refers to a financial instrument that you have added to your SUNDES Account such as a PayPal account, direct bank deposit, a prepaid card or a debit card (if available).

3. MODIFICATION OF THESE PAYMENT TERMS

SUNDES reserves the right to modify these Payment Terms at any time in accordance with this provision. If we make changes to these Payment Terms, we will post the revised Terms on the SUNDES Platform and update the “Last Updated” date at the top of them. We will also notify you of the amendment by email at least thirty (30) days in advance of the effective date. If you do not agree to the revised Payment Terms, you may terminate this agreement with immediate effect. In the notification email, we will inform you of your right to refuse and the right to terminate this Agreement. If you do not terminate your Agreement prior to the effective date of the revised Terms, your continued use of the Payment Services will constitute your acceptance of the revised Payment Terms.

4. MEMBER ELIGIBILITY AND VERIFICATION.

4.1. You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services, you represent and warrant that you are over 18 years of age.

4.2. SUNDES may make access to and use of certain areas or functionalities of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting certain eligibility criteria.

4.3. SUNDES may carry out the inquiries it deems necessary to help verify or verify your identity or prevent fraud. For this, you authorize SUNDES to check if you appear in third party databases and other sources, as well as to request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity data to comply with anti-money laundering regulations. These may consist, among other things, of: (i) requesting you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address and other information; (ii) require you to take certain actions to confirm the ownership of your email address, the Payment Methods or the Collection Method; or (iii) try to check your information with third party databases. SUNDES reserves the right to close, suspend or limit access to the Payment Services in the event that we are unable to obtain or verify any of this data.

5. ACCOUNT REGISTRATION.

5.1. In order to use the Payment Services, you must have an Account on the SUNDES Platform in a regular situation. If you or SUNDES close your Account for any reason, you will no longer be able to use the Payment Services.

5.2. You may authorize a third party to use your SUNDES Account in accordance with the SUNDES Terms. You acknowledge and agree that any person you authorize to use your SUNDES Account may use the Payment Services on your behalf and that you will be responsible for any payment made by such person.

6. PAYMENT METHODS AND COLLECTION METHODS.

6.1. When you add a Payment Method or Collection Method to your SUNDES Account, you will be asked to provide certain conventional billing information, such as name, billing address and information about the financial means used, either to SUNDES or to third party processors of Payments. You must provide accurate, current and complete information when adding a Payment Method or Collection Method, and it is your obligation to keep your Payment Methods and Collection Method up to date at all times. The information requested for the Collection Method will depend on the Collection Method and may include: Your residential address, name on the account, account type, tracking number, account number, email address, payment currency, identification number and account information associated with a particular payment processor.

6.2. When you add or use a new Payment Method, SUNDES may verify the Payment Method by authorizing a nominal amount or authenticating your account through a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts and ask you to confirm these amounts, or (ii) require you to upload a collection account. We may activate refunds of these amounts from your Payment Method, and we retain the right to do so. When you add a Payment Method during checkout, we will automatically save that Payment Method in your SUNDES Account so that it can be used for future transactions.

6.3. Please note that Payment Methods and Collection Methods may involve the use of third-party payment service providers. These service providers may charge you additional commissions when they process payments in connection with the Payment Services (including charges deductible from the Collection amount), and SUNDES is not responsible for any commission of this type and is exempt from any obligation in this regard. Your Payment Method or Collection Method may be subject to additional terms and conditions imposed by the corresponding third-party payment service provider; Please review these terms and conditions before using your Payment Method or Collection Method.

6.4. You authorize SUNDES to save your information about the Payment Method and charge charges through your Payment Method as described in these Payment Terms. If the account details of your Payment Method change (e.g., account number, routing number, expiration date) as a result of a new issue or other reason, we may acquire such information from your service partner financial or your bank and update the Payment Method registered in your SUNDES Account.

6.5. You are solely responsible for the accuracy and completeness of the information in your Payment Method and Collection Method. SUNDES is not responsible for any loss that you suffer as a result of incorrect information on the Payment Method or Collection Method that you have provided yourself.

6.6. If the location of your Contracting Entity is different from the country of your Payment Method or if the selected currency is different from the billing currency of your Payment Method, your payment may be processed outside your country of residence. For example, if you make a reservation with a card issued in the US, but select the euro as the payment currency, your payment may be processed outside the US and credit card issuers may impose charges for international transactions and charges for foreign currency exchange in such international transactions. Additionally, if you select to pay with a currency other than the billing currency of your Payment Method, your bank or credit card issuer may convert the payment amount to the billing currency associated with your Payment Method, based on at an exchange rate and a commission determined solely by your bank. As a result, the amount that appears on your card statement may be different than that shown in the payment process. Please contact your bank or your credit card issuer if you have any questions about these fees or the applicable exchange rate.

7. FINANCIAL TERMS FOR HOSTS

7.1. General Terms.

In general, SUNDES will collect the total Fees from a Guest at the time the Host accepts the Guest’s reservation request, or at any time mutually agreed by the Guest and SUNDES.

7.2. Payments in your favour (charges)

7.2.1. To receive a Collection, you must have a Collection Method linked to your SUNDES Account. In general, SUNDES will activate Collections through its chosen Collection Method in the following circumstances: (i) for Accommodations, 24 hours from the Guest’s expected arrival time (or 24 hours from 3:00 pm [local time] or 3:00 pm UTC if the local time is not known, in case the arrival time is flexible or has not been specified); (ii) for Experiences and Events within 24 hours from the start of the Experience or Event; and (iii) for all other Host Services at the indicated time through the SUNDES Platform. In certain jurisdictions or situations, SUNDES may offer you a different time or activation for the Collection. For example, in some cases, eligible Hosts may be charged for a reservation prior to the Guest’s scheduled arrival. Any alternative Collection option may be subject to additional terms and conditions.

7.2.2. The time it takes to receive the Collection since SUNDES, SUNDES may delay or cancel any Collection in order to avoid illegal or fraudulent activities, risk assessment, or for security or investigation reasons.

7.2.3. Your Charge for a reservation will be the Rate mentioned in your Property Profile minus the corresponding Guest Fees, SUNDES Service Costs and Taxes.

7.2.4. If a Guest cancels a confirmed reservation, SUNDES will remit to you the Collection of any amount of the Total Fees owed in accordance with the applicable cancellation policy.

7.2.5. SUNDES will send its Collections in the currency of its choice based on your selections in the SUNDES Platform and in accordance with the provisions of Clause 12. The amounts may be rounded up or down as described in the Terms of SUNDES.

7.2.6. For compliance or operational reasons, SUNDES may limit the value of each individual Collection. If you are owed an amount greater than said limit, SUNDES may activate a series of Collections (eventually over several days) to send you the total amount of your Collection.

8. FINANCIAL TERMS FOR GUESTS.

8.1. You authorize SUNDES to charge you through your Payment Method the total Fees for any reservation requested in relation to your SUNDES Account. SUNDES will collect the Total Fees as agreed between you and SUNDES through the Platform. In general, SUNDES will charge the total Fees once the Host accepts your reservation request. However, if you pay with a “push” Payment Method, Sundes will collect the Total Fees at the time of your reservation request or when the Host accepts your reservation request. Additional fees for making use of the payment options offered will be displayed on the SUNDES Platform and included in the Total Fees, and you agree to pay those fees by selecting the payment option. The use of an alternative payment option may be subject to additional terms and conditions. In the event that SUNDES is unable to collect the total Fees as planned, it will collect them at a later time. Once the payment operation for your reservation request has been successfully completed, you will receive a confirmation email or message via whats app.

8.2. When you request to reserve a Property Profile, SUNDES may also (i) obtain a prior authorization through its Payment Method for Total Fees, (ii) collect or authorize through its Payment Method a nominal amount to verify your Payment Method, or (iii) authenticate your account through a third party payment service provider to verify your Payment Method.

8.3. If a reservation request is cancelled because the Host does not accept it or you cancel it before the Host accepts it, the amounts charged by SUNDES will be refunded and any prior authorization of your Payment Method will be waived (if applicable). The time frame for receiving the refund or for the waiver of the prior authorization will vary depending on the Payment Method and the rules of the applicable payment system (e.g., Visa, MasterCard, etc.).

8.4. You authorize SUNDES to carry out the Payment Method verifications described in Clauses 6 and 8, as well as to charge through your Payment Method any reservation made in relation to SUNDES. You hereby authorize SUNDES to collect any amounts owed by collecting them through the Payment Method indicated in the verification directly by SUNDES.

9. APPOINTMENT OF SUNDES AS LIMITED COLLECTION AGENT.

9.1. Each Member that collects payments for services provided through SUNDES (such as Host Services or certain operations facilitated through the Resolution Centre) (“Provider Member”) hereby designates SUNDES as a limited collection agent for purposes only. to accept funds from Members who purchase such services (“Purchasing Members”).

9.2. Each Provider Member accepts that the payment made by an Acquirer Member through SUNDES will be considered as a payment made directly to the Provider Member, and the latter will provide the services acquired to the Acquirer Member as agreed as if said Provider Member had received the payment directly from the Purchasing Member. Each Provider Member agrees that SUNDES may reimburse the Purchasing Member in accordance with the SUNDES Terms. Each Provider Member understands that SUNDES ‘obligation to pay the Provider Member is subject to and conditioned on the correct receipt of the associated payments by the Purchasing Members. SUNDES only guarantees payments to the Provider Members in amounts that SUNDES has correctly received from the Purchasing Members in accordance with these Payment Terms. By accepting the appointment as the Provider Member’s limited collection agent, SUNDES assumes no responsibility for the Provider Member’s acts and omissions.

9.3. Each Purchasing Member acknowledges and agrees that, despite the fact that SUNDES is not a party to the contract between you and the Provider Member, SUNDES acts as a limited collection agent for such Provider Member for the strict purpose of accepting payments from you on your behalf. Provider Member. Upon payment of the funds by you to SUNDES, your payment obligation towards the Provider Member for the agreed amount is extinguished and SUNDES is responsible for remitting the funds to the Provider Member as described in these Payment Terms, which constitutes SUNDES ‘contract with the Acquiring Member. In the event that SUNDES does not remit any of these amounts, the Provider Member may only appeal against SUNDES and not the Acquirer Member directly.

10. GENERAL FINANCIAL TERMS.

10.1. Fees

SUNDES may charge fees for the use of certain Payment Services.

10.2. Payment Authorizations

You authorize SUNDES to collect the amounts payable from you in accordance with these Payment Terms or the SUNDES Terms.

Specifically, you authorize SUNDES to charge you:

• Any amount that you owe to SUNDES (for example, derived from your reservations, Reservation Modifications, cancellations or other actions as a Guest, Co-payer, Host or user of the SUNDES Platform), including the reimbursement of expenses paid in advance by SUNDES on your behalf, making the charge in any Payment Method registered in your SUNDES Account (unless you have previously revoked your authorization to charge said Payment Method (s)) or withholding said amounts of your future Payments. Any and all amounts charged by SUNDES will offset the amount you owe to SUNDES and will void your obligation to SUNDES.

• Any sum payable to a Provider Member by an Acquirer Member that SUNDES collects in its capacity as the Provider Member’s collection agent in accordance with the provisions of Clause 9 above.

• Taxes, when applicable, in accordance with the provisions of the SUNDES Terms.

• Any amount that you pay through the Resolution Centre in relation to your SUNDES Account. SUNDES may make the corresponding charge to the Payment Method associated with the corresponding reservation or to any other Payment Method registered in your SUNDES Account (unless you have previously revoked your authorization for charges to be made to said Method (s) Payment) or withholding said amount from your future Payments.

• The Fees for Excess Stay will be payable in accordance with the provisions of the SUNDES Terms. Likewise, SUNDES may recover any costs and expenses incurred in the process of collecting the Fees for Excess Stay by making the corresponding charge to any Payment Method (s) that you have registered in your SUNDES Account (unless you have previously revoked your authorization to charge said Payment Method (s).

• Any Service Fees or cancellation fees as provided in the SUNDES Terms (for example, if you, as the Host, cancel a confirmed reservation). SUNDES will be entitled to recover from you the amount of such refund, including by withholding such refund amount from any future Payments due to you.

• Fees that have been improperly paid to you as a Host. If, as a Host, your Guest cancels a confirmed reservation or SUNDES decides that it is necessary to cancel a confirmed reservation, and SUNDES issues a refund to the Guest in accordance with the SUNDES Terms, the Guest Refund Policy, the Circumstances Policy Extenuating or other applicable cancellation policy, you agree that in the event that you have already been paid, SUNDES will be entitled to recover from you the amount of said refund, including by subtracting said amount refunded in any future Payments to you owe.

• Rates, costs and / or expenses associated with a Claim for Damages, including any Security Deposit, in accordance with the provisions of the SUNDES Terms. If SUNDES is unable to charge your Payment Method used to make the reservation, you agree that SUNDES may charge through any Payment Method registered in your SUNDES Account at the time of the Claim for Damages ( unless you have previously revoked your authorization for charges to be made to said Payment Method (s). Rates, costs and / or expenses associated with a Claim for Damages, including any Security Deposit, in accordance with the provisions of the SUNDES Terms. If SUNDES is unable to charge your Payment Method used to make the reservation, you agree that SUNDES may charge through any Payment Method registered in your SUNDES Account at the time of the Claim for Damages ( unless you have previously revoked your authorization for charges to be made to said Payment Method (s).

In addition to the amount owed, if there are amounts in arrears or against charges associated with your Payment Method, you may be charged ancillary commissions related to our collection of such amounts in arrears and against charges. Such fees or charges may include collection fees, processing fees, or other third-party fees.

10.3. Cancellations by the Host and / or Co-Host.

If the reservation is cancelled by the Homeowner, all amounts paid by SUNDES at the time of cancellation must be returned in full.

10.3.1. Schedule of collections and payments.

The host will receive payment for their rental 6 to 24 hours after the guest check-in. Since Sundes protects guests' money in case of cancellations by the owner

10.4. Refunds.

10.4.1. Any refund or sum payable to a Member pursuant to the provisions of the SUNDES Terms will be processed and remitted by SUNDES in accordance with these Payment Terms.

10.4.2. SUNDES will process refunds immediately, however, the time to receive any refund will vary according to the Payment Method and any applicable payment system regulations (example: Visa, MasterCard, etc.)

10.5. Errors in the processing of Payments.

We will take the necessary measures to correct any errors in the processing of payments of which we are aware. Such measures may include the practice of a credit or a debit (as appropriate) with the same Payment Method used for the original payment made in favour of or by you, so that you end up receiving or paying the correct amount. This may be carried out by SUNDES or a third party, such as your bank.

10.6. Collections.

10.6.1. In the event that SUNDES is unable to collect any amount that you owe under these Payment Terms, SUNDES may initiate collection procedures to obtain such amount from you.

10.6.2. SUNDES will consider any amount owed pending: (a) in the case of authorized charges, after one hundred and twenty (120) days from when SUNDES first attempts to collect the Member’s Payment Method or since the associated services, whichever occurs later; and (b) in the case of withholdings from future Payments from a Host, after two hundred and seventy (270) days from when the adjustment is made to the Host’s account or from the associated services are provided, whichever occurs later.

10.6.3. SUNDES will consider that uncollected amounts will be overdue when three hundred sixty-five (365) days have elapsed: (a) for authorized charges, after SUNDES first attempts to collect the Member’s Payment Method or associated services have been proportionate, whichever is later; and (b) for withholdings from a Host’s future Collections, after the Host’s account has been adjusted or associated services have been provided, whichever is later.