Retreatrs Terms & Conditions
Last modified: 17 October 2018
Retreatrs is part of Retreatrs, LLC; a private company with limited liability established and existing under the laws of the United States. The purpose of Retreatrs is to create, find, compare, and book travel experiences anywhere in the world.
TERMS AND CONDITIONS
These terms and conditions entail a license and its terms to use the platform of Retreatrs. On the platform you can offer your travel experiences to Retreatrs’ individual users. Your acceptance of these terms and conditions, and an account on our platform, is necessary before you can use the Retreatrs platform as a Hostr and offer your services to Retreatrs’ individual users.
We advise you to carefully read the terms and conditions, so you fully understand the rights and obligations you have in relation to your use of our platform. You can access the terms and conditions here: [Terms and Conditions]
1.1 In these Terms and Conditions, the terms indicated with a capital, whether single or plural, will have the meaning as stated in Article 13.
1.3 The applicability of any general -, purchase -, delivery – and/or other conditions of the Hostr are excluded, unless set out differently by Retreatrs expressly and in writing.
1.4 Retreatrs is entitled to amend or supplement these Terms and Conditions. The most up-to-date Terms and Conditions can always be found on the Platform and the Website. The amended or supplemented Terms and Conditions will be brought to the Hostr’s attention during the Hostr’s use of the Platform. By continuing its use of the Platform, the Hostr accepts the amended Terms and Conditions. If the Hostr does not agree to the amended Terms and Conditions, it can terminate the Agreement and its Account in accordance with Article 8.
1.5 Additions to and/or deviations from these Terms and Conditions are only valid when confirmed in writing by Retreatrs.
2.1 In order to make use of the Platform, the Hostr shall enter into an Agreement with Retreatrs, to which Agreement these Terms and Conditions apply. To enter into an Agreement, the Hostr shall follow Retreatrs’ registration process. The Hostr warrants that all information provided during this process is up-to-date, correct and complete. If the (person/company) data submitted by the Hostr is at any point no longer up-to-date, correct or complete, the Hostr shall modify or complete the required data. The Hostr is not allowed to register an Account on behalf of another entity or person.
2.2 During the registration process the Hostr is required to enter all information requested by Retreatrs before an Account is created on its behalf, which includes information about cancellation, location, contact information and the Hostr’s terms and conditions, as communicated to the Hostr during its registration.
2.3 The Hostr is responsible for maintaining secrecy with regard to its Login Details. As soon as the Hostr knows or has reason to suspect that its Login Details have come into the hands of unauthorized persons, the Hostr must inform Retreatrs of this without delay, without prejudice to its own obligation to immediately take effective action, such as changing its Login Details.
2.4 The Hostr is at all times responsible and liable for the use of the Platform by third parties through its Account. The Hostr indemnifies Retreatrs against any and all damage and costs arising from and/or related to the access to and/or the use of the Platform by third parties through the Hostr’s Account.
USE OF THE PLATFORM
3.1 If the Hostr complies in full with all obligations pursuant to these Terms and Conditions, Retreatrs will grant the Hostr a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Platform.
3.2 To the best of its ability, Retreatrs will make efforts to provide the Platform with due care. The Hostr accepts that the Platform, only contains the functionalities and other characteristics as it contains at the moment of the Hostr’s use (“as is” and “as available”). Each and every use of the Platform is for its own risk and responsibility.
3.3 Retreatrs is at all times, without in any way becoming liable to the Hostr, entitled to make procedural and technical alterations and/or improvements to the Platform, including the available payment process.
3.4 Each and every use of the Platform is for the risk and responsibility of the Hostr. The Hostr is solely responsible and liable for Content and the storage and processing of the personal data of Users.
3.5 Retreatrs may at any time impose quality standards upon the Hostr, including but not limited to standards regarding technical requirements, information level and requirements regarding the Retreats and/or services offered by the Hostr to Users. Retreatrs may at any time amend or supplement these standards and can – at its sole discretion – (temporarily) block the Hostr’s Account if these standards are not met.
3.6 The Hostr is not entitled to:
A. Make Content available that is in any way unlawful or infringes the rights of Retreatrs and/or third parties, including – but not limited to – IP Rights and rights that relate to the protection of privacy;
B. Reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
C. Make Content available that harms the interests and reputation of Retreatrs;
D. Engage third parties to perform any of the abovementioned acts;
E. Deliberately involve false or misleading information; and/or
F. Violate minimum (quality) standards communicated by Retreatrs from time to time.
3.7 If, after completing an Retreat, a Users experience materially and objectively differed in a negative sense (to be assessed by Retreatrs) from the experience suggested by the Hostr in its Retreat due to the Hostrs violation of article 3.6e, the Hostr shall refund the total amount paid by the User for the Reservation. In addition, Retreatrs shall be entitled to suspend or delete the Hostrs Account or impose additional requirements for subsequent Retreats.
3.8 Retreatrs reserves the right to modify, refuse or delete Content, in particular in – but not limited to – the events such Content is unlawful or violates any third party right, these Terms and Conditions or legislation or does not meet Retreatrs’s (quality) standards.
3.9 If the Hostr is of the opinion that certain content offered by another Hostr or that is otherwise available on the Platform infringes its rights and/or the rights of a third party, the Hostr shall notify Retreatrs thereof.
RetreatS AND RESERVATIONS
4.1 The Hostr acknowledges and accepts that the Retreats are automatically processed by Retreatrs and the Hostr itself is solely responsible for (the repair of) any inaccuracies and/or inconsistencies in the Retreats displayed in the Platform. The Hostr is fully liable for all claims from Users and/or third parties related to (Reservations made due to) an incorrect Retreat and shall indemnify Retreatrs from all claims in this respect.
4.2 The Hostr is not entitled to apply higher prices on the Platform than the prices listed on its own website for the same Retreats.
4.3 The Hostr is entitled to apply its own (booking) terms & conditions to a Reservation. However, the contents of these terms & conditions, as well as the application and enforcement thereof are the sole responsibility of the Hostr. The Hostr’s terms and conditions shall not conflict with any provision of these Terms and Conditions, and the provisions of these Terms and Conditions shall prevail in case of such conflict. Retreatrs reserves its right to reject the applicability of an Hostr’s terms & conditions or specific provisions thereof. In such case, Hostr shall either adjust its terms & conditions as to meet Retreatrs’s requirements or remove the terms & conditions from the Platform.
4.4 In case a Reservation is made through the Platform, Retreatrs is responsible only for forwarding the relevant reservation information as submitted by the User and for sending a confirmation (email) to the User.
4.5 The Hostr acknowledges and accepts that an Accepted Reservation of the User constitutes a binding agreement between the Hostr and User. The Hostr is fully responsible for the implementation and execution of such agreement, including support services. However, the Hostr is not permitted to share its contact details with the User. Retreatrs shall never become a party to an agreement between the Hostr and User.
4.6 In providing the Platform, Retreatrs provides support to the Hostr’s as well as to the Users. However, Retreatrs can never be held to provide support services to any User regarding a Reservation. If Retreatrs deems it necessary that a Hostr contacts a User regarding a Retreat or a Reservation, the Hostr shall immediately do so. If the Hostr’s support services to Users do not meet Retreatrs’s quality standards, Retreatrs is entitled to (temporarily) block or remove the Hostr’s Account.
4.7 In case the User cancels a Reservation in accordance with the Retreatrs’ terms and conditions, our commission fee (see article 5.2) shall also be reimbursed by Retreatrs.
4.8 If the Hostr cancels a User’s Paid Reservation due to a cause attributable to the Hostr, Retreatrs shall at all times fully refund all amounts paid by the User for the Reservation.
4.9 In case the Hostr shortens the Retreat for any reason, the Hostr shall offer the User at least a (partial) refund, which refund is proportional to the shortened Retreat.
4.10 If the Hostr has failed to deliver the package as described in the list on the Website, Hostr shall offer the User at least a (partial) refund.
5.1 The use of the Platform by Users and Hostrs is free of charge. When making a Reservation, the User shall be required to pay a deposit, which is a percentage of the total amount of the value of the Reservation. Retreatrs shall be entitled to determine a minimum amount of a deposit to be requested from a User for a specific Reservation.
5.2 Retreatrs shall reserve a commission fee for its services, which shall be a percentage of the total price due for a specific Reservation by a User. This commission fee will apply in case the first point of contact between the User and Hostr is through the Platform. The applicable commission percentage shall at all times be indicated to the Hostr before the Hostr publishes a Retreat. Retreatrs shall be entitled to adjust the applicable commission, which it shall at all times indicated to the Hostr in advance. The Hostr shall be entitled to remove its Retreats and/or its Account if it does not agree with such adjusted commission.
5.3 Upon payment of a Reservation through the Platform by a User, Retreatrs shall hold payment until a Hostr’s retreat ends. Retreatrs deducts the commission fee from this amount.
5.4 Retreats pays Hostrs after completion of their retreat. For the transfer of funds to the Hostr’s bank account, Retreatrs may incur transaction costs. Retreatrs shall be entitled to charge such costs to the Hostr in accordance with the principles agreed with Hostr in its Account.
5.5 Retreatrs may impose requirements in relation to the minimum balance which can be transferred to the Hostr’s bank account per transaction, which requirements shall be set out on the Platform.
5.6 Retreatrs cannot be held to make available alternative payment methods on the Platform. Since Retreatrs is entitled to change the payment methods available on the Platform, the Hostr cannot derive any rights from the methods available at a certain moment.
6.1 No transfer of IP Rights is constituted by these Terms and Conditions. The Hostr is solely granted a license as described in Article 3.1. The IP Rights with regard to the Platform and all materials, look-and feel and other texts, images, videos and information made available thereon, including the Website but excluding the Content, are held by Retreatrs or its licensor(s).
6.2 All IP Rights in relation to the Content will remain vested in the Hostr. The Hostr acknowledges and accepts that by making the Content available, it automatically and free of charge grants Retreatrs an unlimited, worldwide, non-exclusive, sublicensable and transferable right to reproduce the uploaded Content and make the Content available on the Platform, including the right to use (parts of) the Content, the Hostr’s name and/or logo for promotional purposes and other services in connection with the Platform.
6.3 The Hostr shall refrain from any act that infringes the IP Rights of Retreatrs, including – but not limited to – the registration of domain names, trademarks or Google Adwords that are identical or similar to any object to which Retreatrs holds IP Rights, as well as the reproduction, modification, reverse engineering or publishing of the Platform, including the Website, for other purposes than those listed in the Agreement or those permitted by mandatory law.
6.4 The Hostr is not permitted to remove, make illegible, hide or modify notifications or statements with regard to IP Rights.
7.2 In using the Platform, the Hostr may receive personal data of Users. The processing of such personal data is the sole responsibility of the Hostr. The Hostr warrants that it shall at all times comply with laws and regulations regarding the processing of personal data. The Hostr indemnifies Retreatrs from all claims of Users and/or third parties which are in any way related to the processing of personal data by the Hostr.
DURATION AND TERMINATION
8.1 The Agreement between the Hostr and Retreatrs shall commence when the Hostr creates its Account. The Hostr may, at any time terminate the Agreement, by requesting Retreatrs to remove its Account. In addition, the Hostr can at all times unpublish its Account, in which case its Account and Retreats shall no longer be available to the Users.
8.2 The Hostr acknowledges and accepts that the termination of the Agreement has no effect on any Reservation made by Users and that the Hostr shall remain responsible for correctly implementing such Reservation(s).
8.3 In the event of termination of the Agreement, there will be no reversal of that which Retreatrs has already delivered and/or carried out, unless the Hostr proves that Retreatrs is in default in respect of the material part of such performance.
8.4 Retreatrs is at all times entitled to restrict the use of or terminate the Hostr’s Account if there are grounds to do so according to Retreatrs. Retreatrs shall not become liable to pay any compensation to the Hostr in such cases. Retreatrs shall, in particular, invoke this right if Retreatrs is of the opinion that i) the quality of the Hostr’s service towards Users is substandard, ii) if Retreatrs receives notice or has knowledge that Content infringes upon or violates the IP Rights and/or any other rights of a third party, or iii) the Hostr violates any (other) provision of these Terms and Conditions.
8.5 In the event the Agreement is terminated, for whatever reason, Retreatrs remains entitled to use the Content submitted by the Hostr. Retreatrs will however, upon the first request of the Hostr, remove or (where applicable) anonymize the Content.
8.6 All clauses of these Terms and Conditions that are to their nature intended to survive termination, in particular Article 5 (Payment), 6 (IP Rights), 7 (Personal data), 9 (Liability), 10 (W&I) and 12 (Miscellaneous) shall survive such termination.
9.1 Retreatrs’s liability, whether based upon (attributable) default, unlawful act or any other ground, is limited (i) to direct damage only, and (ii) per calendar year to the total amounts paid for the use of the Platform in the twelve (12) preceding months of that particular calendar year. However, in no event shall Retreatrs’s total, aggregate liability exceed $2,500.00.
9.2 Direct damage shall solely mean:
A. Property damages;
B. Reasonable expenses that the Hostr would have to incur to make Retreatrs’s performance conform to the Terms and Conditions;
C. Reasonable expenses incurred by you to determine the cause and scope of the damage, insofar as the determination relates to direct damage within the meaning of these Terms and Conditions; and
D. Reasonable expenses incurred to prevent or mitigate damage, insofar as they relate to direct damage within the meaning of these Terms and Conditions.
9.3 Any liability on Retreatrs’s part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of Content, loss of data/software, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
9.4 The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Retreatrs or its managers (“own actions”).
WARRANTIES AND INDEMNIFICATIONS
10.1 Except as expressly provided in these Terms and Conditions, Retreatrs makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Platform, nor the continued and correct availability of the Platform or the Content, or the constitution of any agreements. Furthermore, Retreatrs does not guarantee that the Platform shall lead to successful travel experiences or any good and/or lawful behavior by Users or any behavior according to the terms that apply between the Hostr and Users.
10.2 The Hostr is fully responsible and liable for the conclusion and performance of agreements between the Hostr and a User. The Hostr indemnifies Retreatrs from all claims of Users that relate to any agreement.
10.3 The Hostr is liable for and indemnifies Retreatrs from any damages and costs which Retreatrs suffers or makes as a result of (i) an attributable breach by the Hostr of the Agreement or any other agreement between the Hostr and Retreatrs, such as these Terms and Conditions, (ii) an (alleged) infringement of IP Rights or any other rights by the Hostr, including the rights of Users with respect to privacy, (iii) any use the Hostr makes of the Platform or (iv) an unlawful act. All costs and damages that in any way relate to such a claim will be reimbursed by the Hostr.
10.4 The Hostr warrants that:
A. It has the full legal power and authority to enter into the Agreement and shall use the Platform under the conditions as set out in these Terms and Conditions;
B. It has the full legal power and authority make the Content available through the Platform and provide the license as mentioned in Article 3.1;
C. The Content is correct, complete, unencumbered and not limited or restricted by any third parties’ rights, including IP Rights;
D. The Content is not infringing upon any third parties’ rights, including IP Rights, and that the use of the Content is not in any other way unlawful towards third parties;
E. The Retreat complies with all laws and regulations and gives a correct representation of the actual trip offered by the Hostr;
F. It shall at all times comply with these Terms and Conditions.
11.1 Retreatrs is not responsible for any content made available on the Platform. Retreatrs will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
11.2 Retreatrs reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation Retreatrs can request a court order from a competent court in The United States to determine whether the material or the activity is unlawful and should be removed.
11.3 Retreatrs will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
11.4 The person that has reported unlawful content indemnifies Retreatrs from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Retreatrs suffers, could suffer or which Retreatrs incur in relation to such a claim, including but not limited to the compensation of legal assistance.
11.5 Retreatrs respects and protects the privacy of those who report (alleged) unlawful content. All personal data Retreatrs receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.
12.1 Retreatrs may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Hostr is not permitted to transfer any right derived from an Account to third parties without Retreatrs’s prior written consent.
12.2 If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
12.3 These Terms and Conditions and the use of the Platform are governed by United States law.
12.4 Any and all disputes arising from or related to any agreement between Parties will be brought before the competent court in The United States.
13.1 In these Terms and Conditions, the following terms, indicated with a capital, whether single or plural, will have the following meaning:
As a result of the registration process, the personal, secure environment of the Hostr, accessible through the Website after entering Login Details, which can be published/unpublished by the Hostr and through which environment the Hostr can make available its Retreats to Users;
The agreement between the Hostr and Retreatrs, on the basis of which the Hostr can use the Platform and to which these Terms and Conditions apply;
All information made available by an Hostr on the Platform, including its Account, Retreats, business details, comments, look and feel and other information;
All intellectual property rights and associated rights, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow;
The combination of the username and password generated when entering into the Agreement, with which the Hostr can access its Account;
The binding agreement between an Hostr and a User regarding the purchase of one or more Retreats, which comes in effect after the acceptance of an Retreat by a User, subject to the Hostr’s terms and conditions;
The party that wishes to offer its Retreats to Users and has, to that end, entered into an Agreement, created an Account and has accepted these Terms and Conditions;
The Hostr and/or Retreatrs;
Retreatrs’s travel experience platform, where the Hostr can create an Account and make available its Retreat to Users, whereupon Users can make Reservations with regard to specific Retreats;
The limited liability company Retreatrs, LLC., incorporated under the laws of the United States, registered in the state of Delaware;
Terms & Conditions
These terms and conditions of Retreatrs;
The individual that makes use of the Platform and is able to, among other things, view the Hostr’s Retreats and make Reservations;
A specific vacation, holiday or trip published on the Platform as an offer, which vacation, holiday or trip can be bought by a User by making a Reservation;
All websites related to Retreatrs including all underlying web pages.