In compliance with the Law 34/2002, of 11th of July, of Society Services of Information and Electronic Commerce, indicated below is the general information of this website:
- Title: HelloApartments S.L.
- Address: c / Sant Gaudenci 17, 08870 Sitges (Barcelona, Spain)
- Contact: email@example.com
- Registration details: Registrated at Barcelona. Company Tax Code: B66588542
1. Acceptance of Terms
1.2 We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes.
1.3 By using this Site, You agree that the posting of new or revised Terms (including the Booking Terms) on the Site shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes.
1.4 Unless otherwise agreed or specified, HelloApartments does not charge Users any fee for accessing the Site as a User or listing a property on the Site. However, in the event a rental transaction is concluded between Guests and Hosts as a result of the use of our Site and Services, HelloApartments does charge fees as further described in these Terms and the Booking Terms.
1.5 If there is an inconsistency between any of the provisions of this English language version and a translated version, the provisions of this English language version shall prevail. Any translated versions of these Terms shall be for convenience only.
You understand and agree that (i) the Site merely is a platform that enables You and other Users (i.e. Hosts and Guests) to connect and conclude rental transactions in respect of properties listed on the Site and, consequently that (ii) HelloApartments is not itself a party to any rental transaction and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law. HelloApartments’s role is solely to facilitate the availability of the Site and Services for Users and to provide certain services related thereto. We do not purchase, buy-in, own, sell, provide, furnish, rent, sublet, control or manage nor can We contract in our own name for the provision of any holiday rental property listed on the Site nor other properties including, but not limited to, hotel rooms, nor any related transportation or travel services. We are not supplying and cannot supply such accommodation or services to Guests.
The Site acts as a platform to allow registered Hosts to themselves offer and supply to Guests for rent a specific holiday rental space. Hosts may be either owners of any such holiday rental space or are persons, including professional property managers) who are duly authorised to arrange or enter into rental transactions of such properties direct with Guests.
We are therefore not a party to the actual rental transaction between Hosts and Guests and are not a contracting agent or representative of any Host. Rental transactions are only binding among the concerned Hosts and Guests, who are both solely and entirely responsible for their performance and HelloApartments disclaims all liability arising from or in connection with such transactions. We encourage Users to communicate directly with one another regarding any bookings or listings made via the Site. HelloApartments does not make any recommendations or endorsements of listed properties or Users of the Site and We assume no liability in respect of the condition of any listed property on our Site. Please refer the Booking Terms for more information regarding our role and liability.
3. Eligibility and Accounts
3.1 To register for a User account (an “Account”), go to the Site and provide the requested information. By registering, You represent and warrant that: (a) You are eligible for an Account as set out in these Terms; and (b) the information You include as part of the registration process and thereafter is accurate and not misleading. Accounts may be obtained and used only by persons who are at least eighteen (18) years old. Such persons may act on behalf of members of their group (if making a group booking) and/or their organisation or entity if they are authorised accordingly. Please note that You may view listed properties on our Site as an unregistered visitor, however, if you wish to book an accommodation or create a listing, you must first register to create an Account.
If at any time prior to clicking on the appropriate confirmation button or link, You (the Guest) decide that You do not wish to proceed with Your booking request, You should close the application window.
3.2 Upon obtaining an Account, You shall have access to the Service and the functionality that We may establish and maintain from time to time and in our sole discretion. We may add, delete or change some or all of the Service provided for free as part of the Account at any time. You will be notified of any charges and given the option to continue use or to terminate Your Account. You are responsible for paying all applicable taxes and for all hardware, software, service and any other costs that You incur to access Your Account. You may not transfer or share Your Account with anyone.
3.4 You agree to allow HelloApartments to contact You on Your email address or phone number with personal communications related to your account, including but not limited to requests for booking, booking confirmation, notices and updates. You will be able to opt out of any future commercial communication at your convenience.
4. Account Restrictions
4.1 You agree to use Your Account for Your personal use only, and not to redistribute any of the content on this Website. You agree to comply with all applicable laws regarding use or access of Your Account. Any use of an Account to post (a) false, outdated, misleading information; (b) information that in our sole discretion is inappropriate to our Users (including, but not limited to obscene, libellous, slanderous or similarly inappropriate postings) or (c) information in breach of the policies published on the Site are grounds for immediate termination of an Account.
4.2 You may not distribute unsolicited commercial messages (“spam”) through Your Account or take any other action that imposes an unreasonable or disproportionately large load on our infrastructure. At our option and without further notice, We (or our suppliers) may use anti-spam technologies that may terminate Your messages without delivering them or prevent messages from reaching You. We expect all of our Users to conduct themselves in a courteous, professional manner at all times. Personal attacks, “flaming”, defaming, and other forms of discourteous and unprofessional online conduct are grounds for the immediate suspension or termination of the offending user’s Account, in our sole discretion.
5. Content on the site
5.1 You understand and agree that all reviews, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the User from whom such Content originates.
5.2 The Site provides unfiltered access to Content. You understand and agree that the Site only acts as a platform and that We disclaim all liability related to Content posted on the Site, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. We cannot, nor do We undertake any obligation to, control the Content that is posted. By its very nature, the information on the Site is changed frequently, may be inaccurate and in some cases may be mislabelled or deceptively labelled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do We undertake to verify, update or correct such information. We recommend that You confirm all information You obtain from the Site as accurate and complete and up to date. We also do not make any representation or warranty, express or implied, regarding any posting or requests by Users. You agree that any agreement between You and such individual or organisation shall be solely on the terms negotiated and agreed by You and Your counterparty and shall be done at Your own risk.
5.3 HelloApartments grants Users a limited, revocable, non-exclusive licence to access the Site to, as applicable, advertise holiday rental properties and/or research, view or make legitimate inquiries to Users regarding their interest in particular holiday rental properties for their personal use, all in accordance with these Terms.
5.4 Any other use of the Site is expressly prohibited. Importantly, this licence does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. “General purpose internet search engine” does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing holiday property rental services.
6. Your Content
6.1 Although HelloApartments does not own nor control any of the Content that You post, You agree that, by posting Content on the Site, You automatically grant Us, and You represent and warrant that You have the right to grant HelloApartments, an irrevocable, perpetual, non exclusive, fully paid, worldwide licence to use, copy, perform, display, adapt, modify, distribute, to have distributed and promoted said Content, and to grant and authorise sublicences of the foregoing. Furthermore, by posting Content on the Site, You automatically grant HelloApartments all rights necessary to prohibit any subsequent aggregation, display, copying or exploitation of Content on the Site by any party for any purpose.
6.2 You are solely responsible for Content or any other information You provide, distribute, post, include, link to, or otherwise upload to the Site (“Your Content”), and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your Content. We reserve the right (but not the obligation) to take any action with respect to Your Content if we believe that it may create liability for Us or may cause Us to lose the services of our ISPs or other suppliers. You represent and warrant that Your Content and any content You request to receive (directly or indirectly): (a) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or libellous; (d) shall not be obscene or contain child pornography; (e) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6.3 You understand and agree that HelloApartments has no obligation to post any Content from You or anyone else. In addition, We may, in our sole discretion, edit, remove or delete any Content that You post or submit. In particular, We reserve the right to determine the final design, layout and functionality of our Site, which may involve the review, formatting and editing of such Content. In case You intentionally or negligently cause any loss or damage to HelloApartments because of the design or positioning of such Content you are liable towards HelloApartments You understand and agree to release HelloApartments from any liability for any loss or damage resulting from the design or positioning of such Content, unless such loss or damage resulted from HelloApartments’s willful misconduct or negligence.
7.1 As a Host, you may create or add listings and you will be asked a variety of questions about the holiday rental accommodation You intend to list, including, but not limited to, the location, features, availability of the accommodation and pricing and you may include certain terms or requirements which must be met by Guests as part of any potential rental transaction relating to Your listed property. More information on how to add such requirements is available on our Site. All accommodations must have valid addresses in order to be featured in listings on the Site. Your listings will be made publicly available via the Site and Guests will be able to book Your holiday rental property via the Site based upon the information provided in Your listing. You, and not HelloApartments, are solely responsible for determining the rental price to be displayed in Your listing and any additional charges (for example, cleaning fees) to be included or factored into such price (your “Host Fee”). You understand and agree that once a Guest requests a booking of Your listed accommodation, the rental rate You have set for such booking request may not be altered. As a Host, You acknowledge and agree that You are solely responsible for any and all of your listings of holiday rental properties on our Site.
7.2 You warrant, represent and undertake that all and any listings You place on Our Site relate to available accommodation at an existing property and that You have all necessary rights and permissions, including without limitation, planning permission, or, if You are not the owner of such property, the express authorisation from the owner, to deal with the property, including creating listings related to it and offering it for holiday rentals.
7.3 In accordance with these Terms, if, as a Host, you add a property as available for rental on our Site, Your Use of the Site is a means of enabling You to connect or be introduced to Users who may become Guests for the purposes of concluding a rental transaction with You. Our Service to You as a Host shall include supporting and assisting you in listing, marketing, promoting and advertising Your property on our Site. However, as noted above, We cannot and do not in any way act as a contracting agent or representative for You as a Host, nor as a broker or insurer in each case, in relation to Your rental transactions which You conclude with Guests via the Site, but we can and shall act as your disclosed agent or intermediary in Your name and on your behalf in relation to handling or managing payment collection processes involving advanced payment and cancellation transactions with Guests, which processes are governed by the Booking Terms. Our Service to You as a Host in relation to the provision of information and email or messaging services shall also include assisting You in respect of communications with Guests through the Site, for example, in receiving, notifying and forwarding to You any booking requests or enquiries made through the Site by a Guest and in receiving and handling cancellation requests from Guests.
7.4 You acknowledge and accept that We do not consider that we act as a travel agent generally in relation to the provision of our Site and/or our Service or in respect of Your actual rental transactions concluded with Guests as We are not a party to such actual rental transactions and We do not buy-in, re-sell or provide accommodation or other travel services in our own name as mentioned in Section 2 above. However if, as a matter of law or in the opinion of any tax or other authority in any jurisdiction HelloApartments is or could be considered a travel agent in respect of taking part in, or providing Services consisting of the intermediation in, the provision of accommodation by Hosts to Guests pursuant to a booking on our Site, You acknowledge and accept that in those circumstances and for the purposes of these Terms and rental transactions You have concluded with Guests, the Service supplied by us in taking part in the provision of accommodation listed on our Site and/or in facilitating or providing intermediation in the conclusion of such rental transactions, shall be supplied to You as Host, acting as Your disclosed agent or intermediary in Your name and on your behalf and not in any way in our own name, as We shall not and cannot be a Host. Any necessary modifications may be made to these Terms as a consequence of this provision or part thereof applying.
7.5 You agree that in the event You conclude a rental transaction with a Guest as a result of using our Site and Service, then, in consideration of providing our Services, including support, payment facilitation, and any other services as intermediary, as part of our Service as further described herein to You as a Host, HelloApartments shall charge You a service fee, exclusive of any applicable VAT and similar sales taxes which may be charged in addition thereon, and in respect of which We may issue or be required to issue to You as a Host a valid VAT or similar sales tax or other invoice (or We may so issue to You at Your reasonable request). Such fee is based upon a percentage (typically between 10% and 20%) of Your Host Fee in relation to Your listed property, and shall be indicated and disclosed in the Host section of the Site. In addition, We shall also collect an administrative fee of 1%, based on the Host Fee and service fee, chargeable to a Guest as referred to in the Booking Terms (including any applicable VAT or taxes which may be charged in addition thereon). Both fees as described herein (collectively, our “Fees”) shall be added by way of a mark up to your Host Fee to calculate the aggregate amounts to be displayed in Your listing and set out in the booking confirmation sent to the Guest, and which shall therefore be payable by such Guest subject to the Booking Terms.
7.6 Our Service to You in respect of payment facilitation and processing shall not include the collection of deposits or additional charges from Guests that are not included or factored in your Host Fee and HelloApartments shall not be responsible for administering or accepting a request or claim from You related to such additional charges or payments and disclaims any liability in this respect. You will need to carry out a separate arrangement with Guests in respect of such charges and expressly state in the listing of Your property that additional charges in the form of a deposit or otherwise (for example, cleaning fees, security deposit and late checkout fees) are required separately from the Guest (for example upon arrival or check-out) if such charges are not included or factored in your Host Fee.
7.7 Please note, however, that as Host, You are solely responsible for honouring any booking confirmation sent to a Guest and for supplying and making available and providing Your listed property on the Site to the Guest on such terms, conditions, rules and restrictions as you have set and agreed with the Guest. As a Host, You acknowledge and agree that You are responsible for Your own acts and omissions and for the acts and omissions of any individuals (other than Guests and members of the Guest’s party) who reside at or are otherwise present at Your rental property. Each Host is solely responsible for compliance with laws, rules and regulations, including any tax and VAT requirements (see also the next provision below) and in respect of any conflict with or breach of rights of third parties. We recommend that Hosts obtain appropriate insurance for their rental properties listed on the Site.
7.8 Please also note You are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. HelloApartments cannot and does not offer Tax-related advice to any Users of our Site and Service. Additionally, please note that You are responsible for determining and/or paying any local VAT or similar indirect sales Taxes and/or for factoring in or including such VAT and taxes into your Host Fee or satisfying such obligations relating to applicable Taxes in adding a listing on our Site or in respect of our Fee as charged or invoiced to You or otherwise, particularly if You consider that you are in business in using the Site and/or, for example, you are a professional property manager or You rent property on a regular basis to generate income. You may also be required to issue an invoice, including without limitation, a valid VAT invoice to Your Guest in respect of your Host Fee and any additional charges whether or not included in your Host Fee. You should in any event consult your tax advisor.
7.9 Upon registering as a User as an intended Host, Hosts acknowledge and accept that HelloApartments shall assume, and be entitled to assume, that You are in business/a taxable person/carrying on an economic activity and/or VAT registered, in the place/country where Your address details as provided to Us are located, unless and until You tell and confirm to HelloApartments by email or otherwise that You consider that You are not in business etc. or that You are usually resident or spend most of Your time in another country. Hosts further accept and acknowledge that We may contact You to require details (acting reasonably) of Your VAT registration number (if any) or otherwise copies of reasonable commercial evidence or records, for example contracts, business letterheads, a commercial website address, publicity material, certificates from fiscal authorities, in each case, which You shall provide or procure to provide within your power or ability to do so. A digital certificate from a reputable organisation can also be accepted for this purpose.
7.10 If Your listed property is requested by a Guest via our Site, you will be required to either confirm or reject the Guest’s request within 36 hours of that request, after which the booking request shall automatically expire. If, as a Host, You confirm that Your listing is available and a Guest’s booking is subsequently accepted and confirmed by You through our Site, You will receive Your Guest’s relevant contact details (including phone number) from Us and We will also forward Your contact details to the Guest. Once such contact details have been provided, all communication including concerning details and information about the rental transaction should be direct between You and Your Guest through our Site as facilitated by our Service where required/applicable.
7.11 We shall hold all monies collected by Us from Guests upon a booking confirmation, subject to a duty to transfer or account to You in respect of such monies (provided always that You have honoured such booking), which we shall pay to You by bank transfer or, for pounds sterling or euros payments only, PayPal transfer, in the currency you have set for the relevant property, less our Fees as described above. You acknowledge and agree that we shall be entitled to deduct and retain our Fees from such monies collected. We shall generally initiate the payment to You of all net monies collected from Guests which are due to You within two Swiss business days (being days where banks are open in Switzerland) of the planned date of Your Guest’s check-in at Your listed property (and We shall have no further commitment to You under these Terms), subject to any other arrangement as may be agreed between You and HelloApartments. HelloApartments reserves the right to pay You in installments if the duration of the stay exceeds 21 days. If You do not honour a booking, You may lose Your entitlement to Your Host Fee and We reserve the right to retain the corresponding funds collected in order to refund the Guest as also referred to further in the Booking Terms.
7.12 Guests can cancel their booking at anytime, but always accordingly to the cancellation policy that You have selected as a Host. In the event a Guest cancels, We shall transfer to You the monies collected by Us from such Guest, less our Fee, in accordance with Your selected cancellation policy.
7.13 As a Host, You should not cancel a confirmed booking. If however, exceptional circumstances require You to cancel a booking, please notify Us at firstname.lastname@example.org for assistance in relation to Your communications with the Guest. Please also refer to the Booking Terms in this respect in terms of refunds payable to Guests.
7.14 We reserve the right to cancel any booking at any time for security or fraud-protection purposes. This is generally due to our fraud-detection processes reporting a problem with the payment card submitted. In such cases the cancellation policy that you have selected will not apply and you will receive no payment for the cancelled booking.
8. Terms particular to Guests
8.1 As a Guest, in addition to these Terms (including Section 7 above), please refer to the Booking Terms which sets out further details of the booking request process, the manner of collection of payment from Guests and our fees. Guests are advised to carefully read the Booking Terms, the booking summary page and the booking confirmation, particularly in relation to the cancellation policy selected by the concerned Host.
8.2 The HelloApartments+ Program (the “HelloApartments+ Program”) is valid from 23:59:59 BST, Thursday 11 April 2013. When You book and complete ten (10) qualifying nights at any properties on HelloApartments, You will automatically collect one (1) Free* Night to use towards a subsequent booking of three (3) nights or more (“Free Night”). The HelloApartments+ Program is subject to this Section 8 as well as the other sections of these Terms and the Booking Terms. * Free Night does not include any additional fees that Your Host may impose and is subject to a maximum value limit. Terms & conditions apply (see below).
8.3 The HelloApartments+ Program is open only to individuals who are at least eighteen (18) years old, have a valid email address and have registered as a User on Housetrip. No corporate entities, associations, or other groups can participate in the HelloApartments+ Program.
8.4 For each night of a qualifying stay booked after 23:59:58 BST, Thursday 11 April 2013 and completed, Your Account will be credited with one credit.
8.5 The Guest sending the booking request will receive the credit. Members of the Guest’s party will not receive any credit.
8.6 Credits will be added to Your Account twenty-four (24) hours after the check-out for that stay.
8.7 You can log into Your Account and see how many credits You have earned at any time by going to the Profile & Account tab and clicking on “HelloApartments+”. If You believe that a booking was not accurately counted, contact Us, and We will investigate. Bookings that We find to be invalid will not generate any credits.
Using Free* Nights
8.8 When You have accrued ten (10) nights’ credits, You will receive one (1) Free* Night. You can use Your Free* Night towards a subsequent booking on HelloApartments of three (3) nights or more, including Your Free* Night,. You cannot use Your Free* Night as part of a booking for one (1) or two (2) nights.
8.9 The value of Your Free* Night will be calculated by adding the ten (10) non-expired credits associated with the relevant Free Night* and dividing that sum by ten (10). The value of the Free* Night will therefore be equal to the average daily rate, additional fees excluded, of the ten (10) night stays for which the credits were earned. Where multiple currencies are used in earning Your credits, the value of each credit is calculated and displayed in the display currency that was in effect for Your Account at the time of Your first qualifying booking as part of the HelloApartments+ Program. Credits earned for subsequent bookings that are not in the currency you used when You first booked as part of the HelloApartments+ Program will be converted to the currency in effect at the time of Your first booking based on historical conversion rates.
8.10 Bookings including a Free* Night are subject to these complete Terms and to the Booking Terms as well as the cancellation policy chosen by Your Host. You will not earn any credit for any night of a booking that includes Your Free* Night. Free* Night credits have no cash value, and the Free* Night cannot be redeemed for cash. If You use Your Free* Night for a booking that costs less than the value of Your Free* Night, You will not receive the balance in cash, credit or otherwise. If You use Your Free* Night for a booking that costs more than the value of Your Free* Night, You must pay the difference when You book.
8.11 If You have accumulated more than one Free* Night, You may only use one (1) Free* Night for each particular booking.
8.12 If You cancel a booking including a Free* Night and the cancellation policy chosen by Your host allows for a full or partial refund, your Free* Night will be returned to Your Account within seventy-two (72) hours of Your cancellation but where You are only entitled to a partial refund under the relevant cancellation policy, the value of Your Free* Night will be reduced pro-rata to this partial refund. If You cancel a booking including a Free* Night outside the timeframe that the cancellation policy allows, You will lose Your Free* Night.
Free Night expiry
8.13 Your Free* Night will expire after nine (9) months so You need to use them towards a booking within that timeframe. Once expired, Your Free* Night cannot be reinstated. To learn more about your expiration status, please sign in to Your Account and view Your status online.
HelloApartments+ Program Changes and Termination
8.14 HelloApartments may modify any of the rules applying to the HelloApartments+ Program at any time, with or without notice to You, even though these modifications may affect Your ability to use any credits or accumulated Free* Nights You have already earned. We may communicate changes to You electronically via email, via a notice on our Site or by any other means.
8.15 The HelloApartments+ Program may continue until such time as We decide to bring the HelloApartments+ Program to an end. We reserve the right to terminate the HelloApartments+ Program at any time. Upon termination, You will have thirty (30) days from the date we announce that the HelloApartments+ Program will be terminated to use any credits or Free* Night remaining in Your account. After that date, any credits or Free* Night will be forfeited without compensation.
8.16 Your continued participation in the HelloApartments+ Program constitutes Your acceptance of any changes to this section 8 in particular or these Terms in general. The most current version of these Terms will be available on Our Site and will supersede all previous versions.
8.17 We reserve the right to discontinue the participation privileges of any User who engages in any fraudulent activity or uses the HelloApartments+ Program in a manner inconsistent with these Terms, the Booking Terms or any applicable laws and regulations. Discontinued participation privileges may result in the loss of all accumulated credits, Free* Nights and benefits. In addition to discontinuance of participation privileges, We reserve the right to take appropriate action, including criminal prosecution, as We deem necessary in Our sole discretion. Credits and Free* Nights are not the property of any User and may be revoked by HelloApartments at any time. Credits and Free* Nights may not be sold, transferred, combined with any other User’s account and are not transferable upon death or otherwise by operation of law.
8.18 Our decisions as to all questions or disputes regarding eligibility, earning or redemption of credits and/or Free* Nights, or Your compliance with the HelloApartments+ Program are final.
8.19 CONDITIONS OF USE FOR DISCOUNT CODES OR COUPONS
a. Valid discount codes or coupons (“Coupons”) may be used to book a stay on HelloApartments.
b. For specific restrictions on the use of a Coupon please refer to that Coupon’s terms.
d. Coupons are non-transferable and cannot be sold.
e. Any additional fees imposed by the Host are applicable to bookings made using Coupons. Coupons cannot be applied to the cost of such additional fees.
f. Coupons have no cash or refund value except when used in relation to a booking in accordance with all terms and conditions attached to the Coupon. Coupons cannot be returned for cash or its equivalent.
g. Coupons can only be used once and will be deemed fully used once a booking has been confirmed by the Host. Coupons will not be returned or replaced and there will be no refund if a Coupon is redeemed in part.
h. Coupons may not be used for any previously confirmed bookings.
i. Coupons cannot be used by employees of HelloApartments.
j. HelloApartments reserves the right to vary these Coupons conditions of use and/or to withdraw Coupons at any time.
9. Limitation of Liability
For Users based in Germany and Austria the following limitation of liability set out in Section 9(i) shall apply:
(i) For slightly negligent breach of material contractual obligations - or “cardinal obligations” -
HelloApartments’s liability shall be limited in the amount to the damage typically foreseeable at the time of the conclusion of the contract. Material contractual obligations (or “cardinal obligations”) are those obligations which put the User into exactly this legal position to which he shall be entitled pursuant to contents and purpose of the contractual terms as well as such obligations, whose performance only will make possible proper performance of the contract and on whose full compliance the User regularly relies and is entitled to rely.
HelloApartments accepts no liability for the slightly negligent breach of obligations other than those listed above.
Otherwise the User’s statutory claims for damages remain unaffected unless they are limited by a contractual provision individually agreed by the parties.
The aforesaid limitation of liability shall not apply in cases of mandatory statutory liability (in particular under the terms of the Product Liability Act (Produkthaftungsgesetz)), malicious concealment of a defect, on assumption of a guarantee or culpable personal injury by HelloApartments.
The User undertakes to take appropriate steps to prevent and mitigate damage.
For Users based in countries other than Germany and Austria the following limitation of liability set out in Section 9(ii) shall apply:
(ii) The Content and all other material displayed on the Site is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent permitted by law, We hereby exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Site, any websites linked to it and any Content and other materials posted on it including loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
10. Release and indemnity
10.1 BY USING THE SITE AND/OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM AT THE EXCLUSION OF HOUSETRIP TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Data privacy
Your privacy is very important to Us. By accepting this Agreement, You expressly consent to certain disclosures of Your Personal Information (as defined in our Privacy & Cookies policy) to Us and the other Users, as described in our Privacy & Cookies policy, which is incorporated to these Terms by reference.
In the event of a material breach by You of these Terms or the Booking Terms including but not limited to fraud by You, We may, in our discretion and without liability to You: (a) terminate Your access to Our Service; (b) deactivate or delete any of your Accounts and all related information and files in such Accounts as well as Your Content; and (c) bar Your access to any of such files or Service. In addition, We reserve the right at any time and without any prior notice to remove or disable access to a listing of any holiday rental accommodation on the Site which in HelloApartments’s sole discretion considers to be objectionable, in violation or breach of these Terms or Booking Terms, or otherwise harmful to the Site and/or Services.
If any provision or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part-provision had never been agreed.
You may not transfer any of Your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without Your prior written consent.
15. Applicable Law and Jurisdiction
15.1 These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Spain to the extent that such law is not overridden by applicable mandatory law, for example local consumer protection laws applying to You.
15.2 Any claim or dispute arising out of or relating to these Terms shall (including non-contractual disputes or claims and their interpretation) shall be subject to the non-exclusive jurisdiction of the Spanish courts. If You are a consumer, You may elect to bring a claim in the court of Your country instead.
If you have any questions about these Terms, please contact HelloApartments.
Last update: 21 May 2013.