Terms of service for space operators

These terms govern the relationship between FUSTIBUS S.COOP GALEGA and the operators that publish their spaces on tucoworking. They apply together with Regulation (EU) 2019/1150 on fairness and transparency for business users of online intermediation services (P2B).

1. Purpose

tucoworking provides operators with an online intermediation service: publication of their offering, customer acquisition, booking management and collection on their behalf. The provider of the coworking service is always the operator, who contracts directly with the end customer.

2. Onboarding and verification

Onboarding requires passing an identity and activity verification process (KYC) and completing registration with the payment provider. Until both are complete, venues cannot be published. tucoworking may request additional documentation where anti-money-laundering rules so require, and may repeat the verification when the operator's ownership, activity or volume changes.

3. Operator obligations

• Keep venue information accurate, complete and up to date: prices, availability, capacity, included services, opening hours and cancellation policy.
• Provide the service under the published conditions and honour confirmed bookings.
• Issue the invoice to the end customer for the service provided, using their own means. tucoworking does not invoice on the operator's behalf.
• Hold the licences and authorisations required for their activity and a current public liability insurance policy with minimum cover of EUR 300,000 per claim, evidenced at tucoworking's request.
• Comply with data protection rules regarding the customer data they receive, using it solely to provide the booked service.
• Retain and supply evidence of performance (access or check-in records, communications with the customer, incident reports) for at least 18 months, and provide it within 72 hours of a request from tucoworking. This is what makes it possible to defend a claim before the issuing bank; without it, the dispute is lost by default.

4. Prohibited activities

The operator represents that it does not and will not carry out through the platform any unlawful activity, nor any of those excluded by payment providers: gambling and betting, unauthorised financial services, crypto-assets, adult content, controlled substances, weapons, sale of personal data, pyramid or investment schemes, or any other listed among the payment provider's restricted businesses. Nor may the platform be used to process payments unrelated to bookings of its spaces. Breach of this clause entitles tucoworking to terminate immediately and to withhold pending funds while it investigates.

5. Commission and settlements

tucoworking receives an intermediation commission on the amount of confirmed bookings, according to the agreed commercial profile. The commission applied to each booking is recorded immutably at the moment of confirmation.

Booking amounts are paid to the operator through the payment provider, net of the commission. A settlement is generated periodically detailing the transactions, and tucoworking issues the corresponding self-billed invoice for its commission, which the operator can download from the extranet.

6. Ranking in search results

The main parameters determining a venue's position in search results are: the match with the search criteria, geographic proximity, the actual availability of the unit for the dates queried, price where the user sorts by price, and the quality and completeness of the listing. The agreed commission does not influence ranking and there is no paid placement in organic results.

7. Cancellations, refunds and chargebacks

Cancellations are governed by the policy published by the operator for each space. Where a refund to the customer is due, the corresponding share of the commission is also reversed depending on the reason.

Allocation of cost. Towards issuing banks and card schemes, the platform is answerable for the transactions it processes; as between the parties, the cost is borne by whoever causes it:

• The operator bears the refunded amount, any chargeback fees passed on by the payment provider and handling costs, where the refund or chargeback arises from its own breach: venue unavailable, service not provided or provided on terms different from those published, inaccurate listing information, or failure to supply the evidence under clause 3 in time.
• tucoworking bears those arising from a failure of the platform, of the booking process or of the payment.
• In cases of card fraud attributable to neither party, the cost is borne as provided in the agreement with the payment provider.

Disputes are handled under the platform's internal procedure, giving the operator the opportunity to be heard, with the information it needs to state its case before a decision is taken.

8. Withholding of settlements and set-off

tucoworking may withhold, in whole or in part, or delay pending settlements where any of the following applies: open disputes or chargebacks, reasonable indications of fraud, a negative operator balance, breach of the obligations under clauses 3 and 4, or a dispute rate above 0.75% of the month's transactions. Any withholding is notified with a statement of reasons, is limited to the amount reasonably at risk, and is lifted as soon as the cause ceases.

tucoworking may also set off against present or future settlements any amount the operator owes it under clause 7. Where pending settlements are insufficient, the operator undertakes to reimburse the difference within 15 days of demand.

These measures are protective, not punitive: they do not relieve tucoworking of paying what is due once the incident is resolved.

9. Indemnity

The operator shall indemnify and hold FUSTIBUS S.COOP GALEGA harmless against claims, penalties, awards and reasonable defence costs brought against it by third parties — customers, authorities or payment providers — arising from the operator's breach of these terms, of the rules applicable to its activity, or from the provision of the service at its venues. tucoworking shall notify the claim without delay and allow the operator to take part in the defence.

This indemnity does not extend to damage caused by the platform itself, nor to anything that mandatory law prevents from being passed on.

10. Limitation of liability

Save for wilful misconduct, gross negligence or damage that the law does not allow to be limited, tucoworking's liability to the operator on any ground is limited to the commissions received from that operator in the twelve months preceding the event giving rise to it. Loss of profit and indirect damage are excluded in all cases.

11. Tax reporting obligations

As a platform operator, tucoworking is required to collect and report seller information to the tax authorities under Directive (EU) 2021/514 (DAC7) and its Spanish implementing rules. The operator undertakes to provide and keep up to date the required data; failure to do so may prevent continued publication.

12. Restriction, suspension and termination

tucoworking may restrict, suspend or terminate an operator's account for breach of these terms, fraud, sustained excess over the dispute threshold in clause 8, serious or repeated customer complaints, or where legally required. The decision is notified with a statement of reasons and, except in cases of illegality or imminent risk, with the notice period required by Regulation (EU) 2019/1150.

13. Changes to these terms

Changes to these terms are notified at least 15 days in advance, or longer where the change requires technical or commercial adaptations, in accordance with article 3 of Regulation (EU) 2019/1150. The operator may terminate the relationship during that period without penalty.

14. Complaints and mediation

Operators may submit complaints to info@tucoworking.com, which are handled through the internal complaint-handling system. If no agreement is reached, the parties may resort to mediation under article 12 of Regulation (EU) 2019/1150.

This is a translation of the Spanish version, which prevails in the event of any discrepancy.