Preamble
The purpose of this Charter is to define the framework for volunteering offered on the Spixes platform and to clarify the respective responsibilities of Spixes, Hostels and Backpackers.
This Charter is an integral part of the Terms of Use (ToU) and Terms of Sale (ToS).
Article 1 – Definition of Volunteering on Spixes
1.1 Principle
Volunteering on Spixes is part of a non-profit service exchange logic between travelers (Backpackers) and accommodation establishments (Hostels).
It is a voluntary and unpaid arrangement, based on:
- Occasional help provided by the Backpacker to the establishment
- In exchange for free accommodation and possibly meals or other non-monetary benefits
1.2 Absence of Employment Relationship
Volunteering on Spixes does not constitute an employed work relationship within the meaning of applicable labor law.
There is no subordination relationship between the Hostel and the Backpacker:
- No employment contract
- No salary or remuneration
- No fixed imposed hours
- No strict result obligations
- Freedom to terminate the arrangement at any time
1.3 Distinction from Concealed Work
Legal volunteering is distinguished from concealed work by the following characteristics:
✅ Legal volunteering:
- Non-profit service exchange
- Absence of subordination relationship
- Limited duration (generally a few hours per day)
- Non-monetary compensation (accommodation, meals)
- Informal and flexible arrangement
❌ Concealed work (illegal):
- Paid or should-be-paid work performance
- Subordination relationship (orders, imposed hours, sanctions)
- Excessive duration (full-time equivalent)
- Absence of social and tax declaration
Article 2 – Hostels' Responsibilities
2.1 Verification of Legal Compliance
Hostels undertake to:
- Ensure that proposed arrangements comply with the legal framework for volunteering in their country
- Not establish a disguised employment relationship under the guise of volunteering
- Respect immigration laws and Backpackers' visa conditions
2.2 Mandatory Information in Offers
Volunteer offers must clearly specify:
- Nature of requested tasks (reception, cleaning, entertainment, gardening, etc.)
- Approximate duration of help per day (e.g., 4 hours/day, 5 days/week)
- Offered compensation (accommodation, meals, activities, etc.)
- Minimum and maximum stay duration
- Special conditions (required languages, specific skills, etc.)
2.3 Reception Conditions
Hostels undertake to:
- Provide decent accommodation compliant with sanitary standards
- Guarantee the Backpacker's safety within the establishment
- Respect the volunteer's privacy and dignity
- Not require dangerous, degrading or illegal tasks
- Provide necessary equipment for task completion (if applicable)
2.4 Insurance and Coverage
Hostels are encouraged to:
- Verify that the Backpacker has valid travel insurance (health, repatriation, civil liability)
- Subscribe to professional civil liability insurance covering volunteers present in the establishment
- Inform the Backpacker of potential risks related to requested tasks
Article 3 – Backpackers' Responsibilities
3.1 Verification of Their Rights
Backpackers undertake to:
- Ensure they have the legal right to volunteer in the country concerned (visa, immigration conditions)
- Verify that their visa authorizes unpaid volunteering (some tourist visas prohibit it)
- Inquire about local legislation regarding volunteering
3.2 Mandatory Insurance
⚠️ Important: Backpackers must imperatively subscribe to comprehensive travel insurance covering:
- Medical care and hospitalization
- Medical repatriation
- Civil liability (damage caused to third parties)
- Cancellation and stay interruption (recommended)
Spixes disclaims all responsibility in case of absence of insurance.
3.3 Respect for Commitments
Backpackers undertake to:
- Respect the terms of the arrangement agreed with the Hostel
- Perform accepted tasks in good faith and seriously
- Respect the establishment's internal regulations
- Adopt respectful behavior towards staff and other guests
- Notify the Hostel in case of impediment or wish to terminate the arrangement
3.4 Freedom to Leave
Backpackers retain at all times the freedom to terminate the arrangement:
- No financial penalty may be required
- The Backpacker must simply inform the Hostel within a reasonable time (generally 24 to 48 hours)
- The Hostel may ask the Backpacker to leave the establishment immediately in case of non-compliance with rules
Article 4 – Spixes's Responsibilities
4.1 Technical Intermediary Role
Spixes acts solely as a technical intermediary facilitating connection between Hostels and Backpackers.
Spixes does not guarantee:
- The legality of arrangements concluded between parties
- Compliance with the legal framework for volunteering by Hostels
- The quality of reception conditions or proposed tasks
- The identity, honesty or qualifications of Users
4.2 Absence of Control
Spixes exercises no control over:
- The actual nature of concluded arrangements
- Actual conditions of volunteering
- Compliance with local legislation
4.3 Moderation Obligation
Spixes undertakes to:
- Moderate offers manifestly contrary to law or morality
- Delete accounts in case of reports of concealed work or exploitation
- Cooperate with competent authorities in case of investigation
4.4 Limitation of Liability
In accordance with ToU and ToS, Spixes's liability cannot be engaged in case of:
- Disputes between Hostels and Backpackers
- Non-compliance with local legislation by Users
- Accidents, injuries or damage occurring during volunteering
- Concealed work or exploitation discovered a posteriori
Article 5 – Legal Framework by Country
⚠️ IMPORTANT: The legal framework for volunteering varies considerably by country. Users must inquire about applicable legislation in the country concerned.
5.1 European Union
General principle: Unpaid volunteering is generally authorized in the EU, subject to:
- Absence of subordination relationship
- Reasonable duration (a few hours per day)
- Non-monetary compensation (accommodation, meals)
Visa: EU/EEA citizens may move freely. Third-country nationals must verify if their visa authorizes volunteering.
Examples of specific legislation:
- France: volunteering must remain occasional and not substitute for employed work (risk of reclassification as employment contract)
- Germany: volunteering is regulated by "Freiwilligendienst" (voluntary service)
- Spain: volunteering must be declared in certain cases (Ley de Voluntariado)
5.2 North America
🇺🇸 United States: B-2 (tourist) visa does not authorize volunteering in exchange for accommodation or meals. A specific visa may be required.
🇨🇦 Canada: Occasional volunteering is generally authorized under tourist visa, but excessive duration may be considered unauthorized work.
5.3 Latin America
🇧🇷 Brazil, 🇦🇷 Argentina, 🇨🇴 Colombia, 🇵🇪 Peru, 🇲🇽 Mexico: Volunteering is generally tolerated under tourist visa, but Users must verify local conditions.
5.4 Asia
🇹🇭 Thailand, 🇻🇳 Vietnam, 🇮🇩 Indonesia: Tourist visa generally does not authorize volunteering, even unpaid. A specific visa may be required.
5.5 Oceania
🇦🇺 Australia: Volunteering is authorized with a Working Holiday Visa or specific visa. Tourist visa is not sufficient.
🇳🇿 New Zealand: Working Holiday Visa authorizes volunteering in exchange for accommodation/meals.
Note: This information is provided for guidance and may evolve. Users must verify regulations in force.
Article 8 – Charter Modifications
Spixes reserves the right to modify this Charter at any time.
Modifications will be notified to Users and will enter into force thirty (30) days after their notification.
Article 9 – Contact
For any question regarding this Charter or the framework for volunteering on Spixes:
