Legal Question in Business Law in Spain

Dear Sirs,

Me and my business partner are in process of creating a company and require a legal consultation in a number of aspects.

Prior to that we�d like to walk you through the nature of our business and outline its key aspects.

The business is website-based.

Website purpose

The website is created in order to help clients (potential tourists) who are in search of a companion during their visit in their country of interest. In fact, the website represents the platform whereby the client can choose the destination of his/her visit and the system will choose a corresponding companion for moderate cost. The website (the business) does not provide sex/escort services and is not a dating website � all companions undergo preliminary selection by us and the client simply chooses between available options. The key idea is acquaintance and having a good time with a local resident and also getting the experience of the local everyday life from a local. At a moderate cost he/she will be guaranteed to be received at the airport and accompanied during the preagreed time of the stay. The website (the business) does not provide excursion/sightseeing services around the country/area/city.

Reasons for visiting the website

Depending on the client base the visitors of the website would like to:

Not to be on their own during their stay abroad

To get a warm and pleasant company of a person who already knows the place. (For example, visiting the best non-tourist places and the best local restaurants)

Spend a great time with a local resident

The list of questions that requires your legal advice is listed below:

1. Since the business model that we offer is different from a typical dating website model (can be confused with escort services), we have to be aware of the risks of potential lawsuits/unfavorable public authorities actions.

We require a legal advice about the factors (disclaimers, possible changes in the business model) that will help to mitigate the risk outlined above.

2. Considering the fact that all companions will be selected solely by us and be given some portion of income from clients� bookings (companions will not register freely like in dating websites so it�s harder for us to act like a simple intermediary), it�s vital for us to surround ourselves with various disclaimers that relieve us of responsibility for clients� and companions� actions during the meeting.

Thanks in advance!

Looking forward to your response.


Asked on 8/18/14, 11:44 am

1 Answer from Attorneys
Teodoro Rosales

I can see the innovative web-site business you are about to start. As you have already pointed ou, there are two main fields to be covered by the relevent disclaimers.

One aspect to be cleared up is wether your company will be acting as a mere intermediary or, on the contrary, your company is providing a professional service. That is a crucial aspect to know. The disclaimers could vary depending on the the aswer to that question. It is woth studying to sign an insurance policy.

On the one hand, a disclaimer should cover the relationship between your company with clients. The disclaimer should explain the responsabilities included or excluded (depending on the business acting as intermediary or not). It also has to comply with the personal data legistlation.

On the other hand, a disclaimer should cover the relationship between the business and the companion. It has to be clear that there is not a labour relationship. Companions should be a regular resident citizen with regular status with the Spanish Legistlation. It is not an exclusive relationship with companions.

I could hep you in order to prepare the disclaimers. However, further information should be necessary in order to prepare proper documents.

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Answered on 8/19/14, 3:12 am


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