PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Last Updated: February 26, 2020

TERMS OF USE

If you are using the Site or Services, you are contracting with NAVIGO OE. (Navigo OE is hereinafter referred to as “HotelStand“, “we“, “us“, or “our“).

HotelStand  provides an online platform that connects vendors  who have beauty services, massage services, hammam establishments, restaurants, tours, activities and travel-related destination services and experiences to sell or rent (in the form of tours, classes/lessons, day excursions, apparel, such as skis/bikes/boards/yachts for rent/charter and other relevant activities, collectively, the “Activities“)  with Hotel residents (collectively, the “Users”)  seeking to purchase or rent such Venues, Services or Activities  (collectively, the “Services“), which Services are accessible at the hotel, where the user resides, landing page of HotelStand and any other websites or platform through which HotelStand  makes the Services available (collectively, the “Site“). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms“), whether or not you become a user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and HotelStand. Please also read carefully our Privacy Policy.  If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH THE SITE AND/OR VENDORS MAY CREATE LISTINGS FOR ACTIVITIES  AND USERS  MAY LEARN ABOUT AND BOOK ACTIVITIES FROM WITH THE VENDORS. YOU UNDERSTAND AND AGREE THAT HOTELSTAND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENDORS  AND USERS , NOR IS HOTELSTAND  A TRAVEL AGENT OR INSURER. HOTELSTAND HAS NO CONTROL OVER THE CONDUCT OF VENDORS , MEMBERS AND USERS OF THE SITE, ACTIVITIES AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Key Terms

Booking Request Period” means the time period starting from the time when a booking is requested by a User (as determined by HotelStand in its sole discretion), within which a Vendor may decide whether to confirm or reject that booking request, as stated on the Site or Services. Different Booking Request Periods may apply in different places and service types, but unless otherwise stated it is not to exceed 24 hours. Whether it is feasible from the standpoint of the service nature, booking will be instantaneously verified

Collective Content” means Member Content and HotelStand Content.

Content” means text, graphics, images, music, audio, video, information or other materials.

Listing” means an Activity by a Vendor available for booking, sale or rental -as applicable- via the Site and Services.

Member” means a company, a person or a party acting on behalf of a person(s) who has either completed the Sign Up process or has a liaison with HotelStand as a Vendor or User, including but not limited to Vendors and Users.

Member Content” means all Content that a Member either provides to HotelStand or directly inputs for posts, comments, uploads, publishes, submits, transmits, or includes in Listings, to be made available through the Site or Services.

Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) or any other relevant taxes that Vendors may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

HotelStand Content” means all Content that HotelStand makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.

User ” means, but is not limited to, a person who requests from a Vendor a booking of an Activity via the Site or Services, or a person who participates at an Activity booked via the Site or Services and is not the Vendor for such Activity.

Vendor ” means a company, person or Member who either allows HotelStand to create or directly creates, where applicable, a Listing via the Site and Services.

Vendor Agreement” means an agreement entered into between HotelStand and a Vendor which sets the requirements and procedures through which Vendors can provide Activities as Listings on the Site for Users to purchase.

“Hotel” means the establishment where the user resides and from where he granted access to the landing page of HotelStand specifically designed for the establishment.

 “Stand” means the tablet and the stand located in the establishment of the hotel.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

Modification

HotelStand reserves the right, at its sole discretion, to modify the Site, or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide Vendors with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 18 or older, unless expressly indicated otherwise. Any access to or use of the Site or Services by anyone under 18 is prohibited, unless -where agreed by the Vendor- such person is accompanied at an Activity by a guardian. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

How the Site and Services Work

The Site and Services can be used to facilitate the listing and booking of travel and other experiences (“Activities “) within hotels. Each hotel selects its own curated vendors and HotelStand designs the platform according to the Hotel’s requests. The selected Activities are included in Listings on the Site and Services by Vendors directly -where applicable- or by HotelStand on their behalf, as mutually agreed. You may view Listings as an unregistered visitor to the Site, and Services; however, if you wish to proceed with a booking of an Activity you must validate each booking by providing your mobile phone number.

HotelStand is not an owner or operator of Activities , including, but not limited to, beauty services, massage services, restaurants, tours, excursions, any form of accommodations, air tickets, nor is it a provider of Activities, including, but not limited to, beauty services, massage services, restaurants, tours, excursions, any form of accommodations and air tickets and HotelStand does not own, sell, resell, provide, rent, re-rent, manage and/or control relevant gear, crafts and other relevant means required to cater such Activities , including, but not limited to, bikes, crafts, sports gear required for the execution of the Activities ,  nor transportation or travel services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE VENDORS AND USERS  CONNECTING AND BOOKING ACTIVITIES  WITH EACH OTHER. HOTELSTAND CAN CONTRIBUTE AND ADVISE ACCORDINGLY BUT ULTIMATELY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND ALTHOUGH TAKES EVERY EFFORT TO VET VENDORS TO THE BEST OF OUR KNOWLEDGE AND FOR THE INTEREST OF THE USERS, CANNOT AND DOES NOT CONTROL THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACTIVITY OR GEAR/MEANS OF AN ACTIVITY .  HOTELSTAND  IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACTIVITIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.

Booking Verification

In order to book an Activity, you must verify your transaction via a mobile phone. HotelStand reserves the right to suspend or terminate your access, booking to the Site and Services if any information provided during this process or thereafter -as reasonably requested- proves to be inaccurate, fraudulent, not current or incomplete. You may book a Service directly via the Site or via the stand.

Vendor Agreement

If you are a Vendor, you acknowledge and agree that, as a Vendor , you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who participate at or are otherwise present at the Activity  at your request or invitation, excluding the Users  and the individuals the User invites or shares  the Activity with, where applicable.

HotelStand recommends that Vendors obtain appropriate insurance for their Activities. Please review any insurance policy that you may have for your Activities  carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users  (and the individuals the Users  invites to or share with the Activity, if applicable) on the course of your Activity.

HotelStand may offer Vendors the option of having photographers take photographs of their Activities at a fee or as mutually agreed. If you as a Vendor choose to have a photographer do this, the photographs taken will be made available to you to include in your page in HotelStand platform with a watermark or tag bearing the words ” HotelStand Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your page is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your page. All images, materials and content created by these photographers, including Verified Images, constitute HotelStand Content, regardless of whether you include them in your page. You agree that HotelStand may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.

Prior to make your listings visible to hotel guests you are obliged to provide HotelStand with all necessary information.

No Endorsement

HotelStand does not endorse any Member, however may endorse an Activity at it’s sole discretion for the purposes of blog posts, promotions and marketing of the Site and Services. You understand that Verified Images are intended only to indicate a photographic representation of the Activity at the time the photograph was taken. Verified Images are therefore not an endorsement by HotelStand of any Member or any Activity. Members are required by these Terms to provide accurate information, and HotelStand does not make any representations about, confirm, or endorse any Member User or the Member’s purported identity or background. Also, while Members Vendors are required by these Terms to provide accurate information, and although HotelStand may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Vendors and their Activities, we do not make any representations about, confirm, or endorse any Member Vendor in principle or the Member’s purported identity or background.

Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process and does not represent anything else. Any such description is not an endorsement, certification or guarantee by HotelStand about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to use a Vendor or to accept a booking request from a User, or to have any other interaction with any other Member. HotelStand is not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from HotelStand with respect to such actions or omissions. Accordingly, we encourage you to share comments with the Site directly regarding any bookings. This limitation shall not apply to any claim by a Vendor against HotelStand regarding the remittance of payments received from a User on behalf of a Vendor , which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

Key definitions

Activity Fees” means the amounts that are due and payable by a User in exchange for that User’s purchase and use of an Activity and include relevant Taxes. The Vendor alone, and not HotelStand, is responsible for the Activity Fees for his or her bookings, including but not limited to any notification of any price updates and special offers. The Vendor may in his or her sole discretion decide to include in these amounts any other fee permitted on HotelStand platform as long as it is explicitly stated and as long as the Activity Fee is in line with the Low Price Guarantee.

User Fees”, where and when applicable, means the fee that HotelStand charges a User for the use of the Services, which is calculated as a percentage of the applicable Activity  Fees. The User Fees, where and when applicable, will be displayed to the User when the User is asked whether to send a booking request to a Vendor.

Vendor Fees” means the fee that HotelStand charges a Vendor for the use of the Services, which is calculated based on the agree fixed rate agreed in the contract between HotelStand and the Vendor. The Vendor Fees are subject to mutual agreement and acceptance by HotelStand and the Vendor prior to a booking under a Vendor Agreement. On a monthly basis Vendor will receive an invoice with the total amount owed to HotelStand for the specific month’s bookings that the Vendor received through HotelStand platform.

Service Fees” means collectively the User Fees (where/when applicable, as explicitly stated) and the Vendor Fees.

Total Fees” means collectively the Activity Fees and the User Fees plus any Taxes.

“Self Invoice” means the invoice that is issued on a monthly basis from HotelStand on behalf of the Hotel where the total fee owed by HotelStand to the Hotel is provided. Any liable taxes to the Hotel due to these fees are separately mentioned in the invoice and are subtracted from the total amount owed to the Hotel.

 

 

Bookings and Financial Terms for Vendors and Users

If you are a Vendor whose activities require your approval prior to booking and a booking is requested for your Activity via the Site or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, as per Vendor Agreement, otherwise the booking request will automatically expire. When a booking is requested via the Site or Services, we will share with you (i) the first and last name (provided by the user during booking process) of the User who has requested the booking, (ii) an indication of whether or not the User has provided other information to HotelStand, such as special requests (iii) The Hotel name whose site or stand the user used in order to perform the booking. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by HotelStand for the requested booking will be refunded to the applicable User’s credit card and any pre-authorisation of such credit card will be released. When you confirm a booking requested by a User, HotelStand will send you an email and/or text message confirming such booking, depending on the selections you make via the Site and Services.

If you are a vendor whose activities do not require approval prior to booking then you are expected to be able to provide the requested service at the time requested and provide to the user everything that you describe in the specific Service page.

HotelStand will collect the Total Fees at the time of booking request via our Payment Service Processor, or other third party, which  will initiate payment of the Activity  Fees (less HotelStand Vendor  Fees and any Taxes in respect of the Vendor  Fees, such as VAT in Europe) to the Vendor  in line with the Payment Terms of the Vendor Agreement (except to the extent that a refund is due to the User ). The time it takes for the Vendor to receive payouts may depend upon the payout method chosen by and mutually agreed with the Vendor. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Vendor, including by deducting their charges from the payout amount.

Each Vendor agrees that payment made by a User to HotelStand through the payment service processor or PayPal, shall be considered the same as a payment made directly to the Vendor, and the Vendor will make the Activity available to the User in the agreed-upon manner as if the Vendor has received the Activity Fees. Each Vendor agrees that HotelStand may, in accordance with the cancellation policy selected by the Vendor and reflected in the relevant booking, (i) permit the User to cancel the booking and (ii) refund to the User  that portion of the Activity  Fees specified in the applicable cancellation policy. Each Vendor understands that HotelStand through payment service processor and (as of December 2016) PayPal accepts payments from Users and that our obligation to pay the Vendor is subject to and conditional upon successful receipt of the associated payments from Users. HotelStand does not guarantee payments to Vendors  for amounts that have not been successfully received from Users.

Bookings and Financial Terms for Users

The Vendors, not HotelStand, are solely responsible for honoring any confirmed bookings and making available any Activity reserved through the Site and Services. If you, as a User, choose to enter into a transaction with a Vendor for the booking of an Activity, you agree and understand that you will be required to enter into an agreement with the Vendor and you agree to accept any terms, conditions, rules and restrictions associated with such Activity imposed by the Vendor. You acknowledge and agree that you, and not HotelStand, will be responsible for performing the obligations of any such agreements, that HotelStand is not a party to such agreements, and that, with the exception of its payment obligations hereunder, HotelStand disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that HotelStand is not a party to the agreement between you and the Vendor, the payment method imposed by HotelStand which may involve a third-party acts as the Vendor’s  payment collection agent for the limited purpose of accepting payments from you on behalf of the Vendor. Upon your payment of the Total Fees to HotelStand Site, your payment obligation to the Vendor for the Activity Fees is extinguished, and we are responsible for remitting the Activity  Fees (less the Vendor Fees and any Taxes in respect of the Vendor Fees, such as VAT in Europe), in the manner described in these Terms and the Vendor Agreement with each Vendor.

In case of a booking that requires payment in HotelStand platform, the Total Fees payable will be displayed to a User before the User sends a booking. As noted above, the Vendor is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed or explicably denied, the applicable Vendor), any amounts collected will be refunded to such User, depending on the selections the User makes via the Site, and any pre-authorization of such User’s credit card will be released, if applicable.

You as a User agree to pay through HotelStand the Total Fees for any booking requested in connection with your purchases. As a general rule, the payment processor will collect the Total Fees due once you place the booking and HotelStand will effect a refund unless confirmation of your booking from the applicable Vendor is not completed; if necessary, Total Fees may instead be collected at a later point. Please note that HotelStand cannot control any fees that may be charged to a User by his or her bank related to HotelStand ‘s collection of the Total Fees, and HotelStand disclaims all liability in this regard. If a User requests a refund charges (in the form of non-refundable fees) by the third party payment providers apply.

HotelStand uses a third party payment provider to ensure Users’ personal and sensitive credit card information is securely stored. Credit card details are NOT stored at HotelStand. Our payment service processor, is fully PCI compliant. All card information is truncated and passed through for processing. HotelStand has no access to credit card information.

In connection with your requested booking, you will be asked to provide information such as name, and credit card information either to HotelStand or its third-party payment processor. You agree to pay for any confirmed bookings made in accordance with these Terms by one of the methods described on the Site. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by HotelStand or indirectly, via a third-party online payment processor or by an alternative payment methods as described on the Site. You also authorize to charge your credit card in the event of damage caused at any gear or related object or situation related to an Activity as contemplated under “Damage to gear or other objects related to an Activity” below and for Security Deposits, if applicable. If you are directed to a third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

In case your requested booking does not require payment then no credit card information will be requested or processed by us. In that case no fee is requested by you.

 

 

Bookings and Financial Terms for Hotels

If you are a Hotel then HotelStand owes you a total amount of money that represents the sum of the fees during the previous month that occurred from the successful booking that took place through the stand and site that you provide via the HotelStand platform. On a monthly basis and not after the 10th day of each month you are obliged to issue an invoice towards HotelStand with the aforementioned amount of money.

In case you have agreed with HotelStand to take advantage of the Self Invoice process then HotelStand will issue the aforementioned invoice for you and will send it to you via email or any other agreed way of communication.

The payment terms are defined in the contract that you have signed with HotelStand, before the introduction of the HotelStand platform in your establishment and cannot be modified unless a written agreement takes place between you and HotelStand.

HotelStand will collect on behalf of the Hotel the agreed fee from the Vendor and will issue the money via the payment method indicated by the hotel based on the payment terms that they have agreed.

The use of HotelStand platform in your establishment does not imply any fee charged to the user. In case the user is charged with any fee other that the ones mentioned in the existing Terms of use document from the hotel this is an action that has not been agreed with HotelStand. Hotelstand recommends that the service of the platform is offered free of charge to the User.

Total amount owed to the Hotel by HotelStand does not include cancelled or voided bookings. The invoice will be accompanied with a monthly report where all successful, voided and cancelled bookings will be reported.  The total amount owed to the hotel by HotelStand for a given period will be calculated by the summation of all individual fees inflicted on successful bookings for the given period the invoice covers. The individual fee per booking will be calculated based on the formula agreed in the signed contract between Hotel and HotelStand.

General Booking and Financial Terms

Cancellations and Refunds

If, as a User, you cancel your requested booking before the requested booking is confirmed by a Vendor, HotelStand via our payment processor will cancel any preauthorization or charge to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time, as determined by our card payment processor or PayPal. If, as a User, you wish to cancel a confirmed booking made via the Site and Services, the cancellation policy of the Vendor contained in the applicable booking confirmation will apply to such cancellation. Our ability to refund the Activity Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy.

If a Vendor cancels a confirmed booking made via the Site and Services, the User will receive an SMS or other communication from HotelStand.

If, as a Vendor, you cancel a confirmed booking, you agree that HotelStand may apply penalties or consequences to you, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances (such as serious illness, natural disaster or extreme weather conditions), HotelStand may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site and Services.  HotelStand may also determine, in its sole discretion, to effect and coordinate a refund to the User (for similar reasons, in good faith and where reasonably necessary) for part or all of the amounts charged to the User.

If, as a Vendor, a User cancels a confirmed booking or HotelStand decides that it is necessary to cancel a confirmed booking, and HotelStand issues a refund to the User in accordance with the Terms or other applicable cancellation policies, you agree that in the event you have already been paid HotelStand shall be entitled to recover the amount of any such User refund from you, including by subtracting such refund amount out from any future Activity Fees due to you.

HotelStand does not owe a fee to the Hotel for a canceled or voided booking that took place via the Stand or Site of the Hotel.

Taxes

You as a Vendor understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. HotelStand cannot and does not offer Tax-related advice to any Members.

Damage to gear or other objects related to an Activity

As a User, you are responsible for using and leaving any gear, space or object related to an Activity in the condition it was in when you arrived. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom accompany you to an Activity. In the event that a Vendor claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing such damage with equivalent or satisfactory compensation. Such claim will be handled by the Vendor. HotelStand also reserves the right to charge you or otherwise collect payment from you and pursue any avenues available to HotelStand in this regard, including using Security Deposits, in situations in which you have been determined, in HotelStand sole discretion, to have damaged any gear, space or other object related to an Activity in relation to any payments made by HotelStand to Vendors. If we are unable to charge the credit card or otherwise collect payment from you, you agree to remit payment for any damages to the applicable Vendor or to HotelStand (as applicable).

Users, Hotels and Vendors agree to cooperate with and assist HotelStand in good faith, and to provide HotelStand with such information and take such actions as may be reasonably requested by HotelStand, in connection with any complaints or claims made by Members relating to Activities or with respect to any investigation undertaken by HotelStand or a representative of HotelStand regarding use or abuse of the Site, or the Services.  However, it is the sole responsibility of the User, Hotel and the Vendor to reach an agreement and resolve any dispute or matter without any liability on the side of HotelStand.

Foreign Currency

HotelStand ’s online platform may facilitate at own discretion  bookings between Users and Vendors who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Unless advised otherwise, price and currency  is set by the Vendor.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not, and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Collective Content;
  • use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or otherwise mutually agreed with HotelStand;
  • copy, store or otherwise access or use any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
  • interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
  • offer, as a Vendor, any Activity that you do not yourself own or have permission to organize and operate (without limiting the foregoing, you will not list Activities as a Vendor if you are serving in the capacity of an agent or intermediary for a third party);
  • use the Site, Services or Collective Content to find a Vendor or User and then complete a booking of an Activity independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to HotelStand ‘s provision of the Services or for any other reasons;
  • as a Vendor, submit any Listing with false or misleading price information, or not in line with the Low Price Guarantee, or submit any Listing with a price that you do not intend to honor;
  • systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, HotelStand ‘s name, any logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, or Services, without HotelStand ‘s express written consent;
  • accept or make a payment for Activity Fees outside HotelStand Site unless mutually agreed or expressly directed and advised with HotelStand. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold HotelStand harmless from any liability for such payment.

HotelStand has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

HotelStand may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against HotelStand or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of HotelStand, its users, or members of the public. You acknowledge that HotelStand has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. HotelStand reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that HotelStand, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

Privacy

You agree that HotelStand ‘s Privacy Policy (as may be updated from time to time) governs HotelStand collection and use of your personal information.

Ownership

The Site, Services, and Collective Content are the exclusive property of HotelStand and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.

Additional Terms

Our Services have different products and offerings, so sometimes additional terms or product requirements may apply to your use of those products. These will be clearly noted on each product page accordingly. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

HotelStand Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, HotelStand grants you a limited, non-exclusive, non-transferable license, to (i) access and view HotelStand Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section unless expressly and duly agreed with HotelStand

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms or in a separate duly signed contract with HotelStand.

Member Content

We may, in our sole discretion, permit and assist you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to HotelStand a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, by means of or to promote or market the Site and Services. HotelStand does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, and Services or you have all rights, licenses, consents and releases that are necessary to grant to HotelStand the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or HotelStand ‘s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that HotelStand is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HotelStand of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the HotelStand platform implement Google Maps/Earth mapping services. Your use of Google Maps/Earth is subject to Google’s terms of use.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback“). You may submit Feedback by emailing us, through the contact section of the Site, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of HotelStand and you hereby irrevocably assign to HotelStand and agree to irrevocably assign to HotelStand all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At HotelStand request and expense, you will execute documents and take such further acts as HotelStand may reasonably request to assist HotelStand to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Disclaimers

HOTELSTAND TAKES EVERY REASONABLE MEASURE TO PROVIDE QUALITY ACTIVITIES WITH REPUTABLE, PROFESSIONAL VENDORS. HOWEVER, IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HOTELSTAND DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER OR USER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HOTELSTAND EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HOTELSTAND MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACTIVITIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOTELSTAND MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACTIVITIES, VENDORS, USERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE AND SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOTELSTAND OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY VENDORS OR USERS AS DEFINED. YOU UNDERSTAND THAT HOTELSTAND DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF VENDORS AND USERS OF THE SITE OR SERVICES OR TO REVIEW, PARTICIPATE OR VISIT ANY ACTIVITIES, ALTHOUGH WE STRIVE TO VET AND TEST ALL ACTIVITIES AND VENDORS LISTED. HOTELSTAND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS AS DEFINED  AND VENDORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY HOTELSTAND. NOTWITHSTANDING HOTELSTAND’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE VENDORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM USERS ON BEHALF OF THE VENDORS, HOTELSTAND EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HOTELSTAND WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HOTELSTAND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOTELSTAND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE VENDORS PURSUANT TO THESE TERMS AND AS EXPLICITLY AGREED WITH EACH VENDOR UNDER A VENDOR AGREEMENT AFTER HAVING RECEIVED PAYMENTS THROUGH THE PAYMENT SERVICE PROCESSOR, IN NO EVENT WILL HOTELSTAND‘S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACTIVITY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A USER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A VENDOR, THE AMOUNTS PAID BY HOTELSTAND TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED EUROS  (EUR 100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOTELSTAND AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold HotelStand and its affiliates and subsidiaries, and their officers, 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 (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Activity, or (iii) creation of a Listing; (d) the use, participation, condition or rental -as applicable- of an Activity by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a participation, rental, booking or use of an Activity.

Reporting Misconduct

If you participate in an Activity or as a User engage with any Vendor or as a Vendor you engage with any User  who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to HotelStand by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between HotelStand and you regarding the Site, Services, Collective Content, and any bookings or Listings of Activities made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HotelStand and you regarding bookings or listings of Activities, the Site, Services, and Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without HotelStand‘s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HotelStand may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the Greek Republic.

General

The failure of HotelStand to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HotelStand. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.

 

EveryPay Payment Processor

“Recognizing the importance of electronic payment security, EveryPay is a licensed Payment Institution by the Bank of Greece (Decision No. 280/3 / 23-7-2018 GG B 3010 / 25-7-2018), and manages securely card payment transactions, in accordance with the regulatory framework of the card transaction security management standard. Everypay is certified in accordance with the PCI DSS compliance standards. All Everypay services are made through secure connections with 256bit SSL certificates. EveryPay also supports the ability to use the 3D Secure service, an additional security token for VISA & MasterCard. The Payer then has to enter his personal secret code to complete the transaction successfully”.

 

Contacting HotelStand

If you have any questions about these Terms, please contact HotelStand.

Anthewn 12 Leontario Pallinis
GR – 15351 Athens,
Land Line:  +30 2105141536
Mobile   :  +30 6972022112
e-mail: v.kalaitzoglou@hotelstand.net
Web: http://www.hotelstand.net