TERMS OF SERVICE
By using the Paleopetres Platform, you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding agreement (“Agreement“) between you and Paleopetres (as defined below) governing your access to and use of the Paleopetres website and all associated services (collectively, “Paleopetres Services“). The Site and Services together are hereinafter collectively referred to as the “Paleopetres Platform”.
Last updated : July 2019
When these Terms mention “Paleopetres,” “we,” “us,” or “our,” it refers to Paleopetres Ltd (“Paleopetres Ltd”), Munro House, Portsmouth Road, Cobham KT11 1PP, United Kingdom.
Our collection and use of personal information in connection with your access to and use of the Paleopetres Platform is described in our Privacy Notice.
Table of Contents
- Scope of Paleopetres Services
- Eligibility, Using the Paleopetres Platform
- Modification of these Terms
- Terms for Guests
- Booking Modifications, Cancellations and Refunds
- Damage to Accommodations
- Prohibited Activities
- General Provisions
1. Scope of Paleopetres Services
1.1 The Paleopetres Platform is an online vacation home rental platform that enables users “Users” to book “Accommodations”.
1.2 The Paleopetres Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Paleopetres is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Paleopetres of such Third-Party Services.
1.3 Paleopetres is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Paleopetres Platform. Paleopetres may, temporarily and under consideration of the users’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Paleopetres Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Paleopetres Platform. Paleopetres may improve, enhance and modify the Paleopetres Platform and introduce new Paleopetres Services from time to time.
In order to access and use the Paleopetres Platform or make a booking you must be an individual at least 18 years old.
3. Modification of these Terms
Paleopetres reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Paleopetres Platform and update the “Last Updated” date at the top of these Terms.
4.1 The Paleopetres Platform and Paleopetres Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Europe and other countries. You acknowledge and agree that the Paleopetres Platform and Paleopetres Content, including all associated intellectual property rights, are the exclusive property of Paleopetres. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Paleopetres Platform and Paleopetres Content.
4.2 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Paleopetres Platform or Collective Content, except to the extent you are the legal owner of certain user Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Paleopetres.
5. Terms for Guests
5.1 Terms applicable to all bookings
5.1.1 Subject to meeting any requirements set by Paleopetres, you can book an accommodation available on the Paleopetres Platform by following the respective booking process. All applicable fees will be presented to you prior to booking a accommodation. You agree to pay the Total Fees for any booking requested.
5.1.2 Upon receipt of a booking confirmation from Paleopetres, a legally binding agreement is formed between you and Paleopetres including in particular the applicable cancellation policy and any rules and restrictions specified. Paleopetres Payments will collect the Total Fees at the time of the booking request pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
5.1.3 If you book an accommodation on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor.
5.2 Booking Accommodations
5.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by Paleopetres to enter, occupy and use the Accommodation for the duration of your stay, during which time Paleopetres (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with Paleopetres.
5.2.2 You agree to leave the Accommodation no later than the checkout time that Paleopetres specifies in the accommodation or such other time as mutually agreed upon. If you stay past the agreed upon checkout time without Paleopetes consent (“Overstay”), you no longer have a license to stay in the Accommodation and Paleopetres is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly accommodation Fee originally paid by you to cover the inconvenience suffered by Paleopetres, plus all applicable legal expenses incurred to make you leave (collectively, “Overstay Fees“). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by Paleopetres as a result of such Overstay. If you Overstay at an Accommodation, you authorize Paleopetres (via Paleopetres Payments) to charge you to collect Overstay Fees.
6. Booking Modifications, Cancellations and Refunds
6.1 Guests are responsible for any modifications to a booking that they make and agree to pay any additional accommodation Fees associated with such Booking Modifications.
6.2 Guests can cancel a confirmed booking within 48h following the booking and Paleopetres will refund the amount of the Total Fees in accordance. Guests can receive a total refund of their booking up to 2 months before their check in day and a 50% refund up to 45 days before their check in day. Bookings are not refundable at less than 45 days before their check in day.
6.3 In certain rare cases, Paleopetres may cancel a pending or confirmed booking and initiate corresponding refunds and payouts. Where Paleopetres cancels a booking, Paleopetres will, notify, refund and provide the reasons for such a measure to users.
7. Damage to Accommodations
7.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to.
7.2 If you as a Guest have culpably damaged an Accommodation or any personal or other property at an Accommodation Paleopetres can seek payment from you.
8. Prohibited Activities
8.1 In connection with your use of the Paleopetres Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Policies
- use the Paleopetres Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- use, display, mirror or frame the Paleopetres Platform or Collective Content, or any individual element within the Paleopetres Platform, Paleopetres’s name, any Paleopetres trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Paleopetres Platform, without Paleopetres’s express written consent;
- dilute, tarnish or otherwise harm the Paleopetres brand in any way, including registering and/or using Paleopetres or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Paleopetres domains, trademarks, taglines, promotional campaigns;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Paleopetres Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Paleopetres or any of Paleopetres’s providers or any other third party to protect the Paleopetres Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Paleopetres Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Paleopetres Platform;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
Paleopetres is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Paleopetres is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Paleopetres in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Paleopetres is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at Paleopetres’s option), indemnify, and hold Paleopetres and its affiliates and subsidiaries, including but not limited to, Paleopetres Payments, and their directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Paleopetres Platform or any Paleopetres Services, (iii) your interaction with any user, stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section 18 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Paleopetres Platform. You may submit Feedback by emailing us, through the “Contact” section of the Paleopetres Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
12. General Provisions
12.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Paleopetres and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Paleopetres and you in relation to the access to and use of the Paleopetres Platform.
12.2 No joint venture, partnership, employment, or agency relationship exists between you and Paleopetres as a result of this Agreement or your use of the Paleopetres Platform.
12.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
12.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
12.5 Paleopetres’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
12.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Paleopetres’s prior written consent. Paleopetres may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
12.7 Unless specified otherwise, any notices or other communications to users permitted or required under this Agreement, will be provided electronically and given by Paleopetres via email, Paleopetres Platform.
12.8 If you have any questions about these Terms please email us.