TERMS OF SERVICE
· “Users” within the sense of these General Terms and Conditions are natural and legal persons who have registered and whose registration has been confirmed by Aero B’n’B / Croatia4tourists.com.
· Aero B’n’B / Croatia4tourists.com offers the usage of its platform, in particular the use of the database, solely on the basis of these General Terms and Conditions.
· By registering for or using our services, users consent to the validity of these General Terms and Conditions.
Performance by Aero B’n’B / Croatia4tourists.com, performance by providers
· The platform is an online market place on which users can offer and rent apartments, houses, rooms or other accommodation (“accommodation”).
· On www.aero-bnb.com, Aero B’n’B / Croatia4tourists.com provides a platform on which users can communicate with each other and conclude agreements.
· Leases are concluded exclusively between the user providing the accommodation (“provider”) and the user renting the accommodation (“tenant”). Aero B’n’B / Croatia4tourists.com itself is not a party to the leases concluded between the website’s users. The provider and the tenants are themselves responsible for satisfying their own contractual obligations. In the event of default, this must be negotiated between the users.
· Aero B’n’B / Croatia4tourists.com does not examine the legality, accuracy or completeness of offers published on the platform or user content, and these do not represent the views of Aero B’n’B / Croatia4tourists.com. Aero B’n’B / Croatia4tourists.com is not responsible for third-party offerings or content.
· Providers can apply their own terms and conditions to the accommodation they are renting that do not affect the General Terms and Conditions of Aero B’n’B / Croatia4tourists.com.
· Providers and tenants are responsible for their adherence to the provisions governed by public law, including municipal codes regarding property rental.
Registration, realisation of the user agreement, contractual declarations
· User registration is required for the use of Aero B’n’B / Croatia4tourists.com’s offering. Registration is free of charge, while Providers are charged for yearly membership fee, and requires that users accept Aero B’n’B / Croatia4tourists.com’s General Terms and Conditions. The user agreement between Aero B’n’B / Croatia4tourists.com and the user arises on receipt of the registration confirmation e-mail at the e-mail address provided by the user. There is no claim to the conclusion of such a user agreement.
· When registering, the user undertakes to provide accurate, up-to-date and complete information as required by the registration form, in particular first and last name, current address (not a PO box), a valid e-mail address and, where appropriate, the name of the company and an authorised representative. The data must be up-to-date and correct at all times. Multiple registrations under different member names are prohibited. When registering, the user chooses a member name and a password. The member name cannot be an e-mail or Internet address, must not violate third-party rights – in particular naming or trademark rights – and must not transgress the bounds of common decency. After registration, the user is assigned a password and a name for his user account.
· By approving the general terms and conditions, the user agrees to receive newsletters and similar information via e-mail. The user can revoke their consent at any time without any costs.
User obligations, user account, system integrity
· The user is solely responsible for all content that he places on the platform. In his relationship to Aero B’n’B / Croatia4tourists.com, he commits not to place illegal content on the platform and to refrain from actions that violate laws.
· The provider is responsible for ensuring that the accommodation he offers is described correctly and completely. He must provide the information in Aero B’n’B / Croatia4tourists.com’s required fields at a minimum so that the accommodation and the offer are described with sufficient accuracy.
· In addition, the provider is free to stipulate further conditions such as the amount of any deposit, the cost of final cleaning, cancellation options, etc.
· The user undertakes to keep the information in his user account up-to-date and accurate at all times, i.e. to correct it immediately in the event of a change. A user account cannot be transferred.
· The user undertakes to use his user account himself only and to keep his password secret.
· The user is liable to Aero B’n’B / Croatia4tourists.com for all actions performed using his user account, unless the user is not responsible for the misuse of his user account.
· Once the user is aware that third parties have access to his user data or have otherwise gained access to his user account, he must notify Aero B’n’B / Croatia4tourists.com of this immediately.
· Each user is himself responsible for archiving any information that can be viewed on the website and saved by Aero B’n’B / Croatia4tourists.com that is required for the purposes of preservation of evidence, accounting, etc. on a storage medium independent of Aero B’n’B / Croatia4tourists.com.
Handling of content and rights
· Within the framework of the platform’s functionality, providers can present to potential tenants using a variety of media. Certain rules must be complied with to ensure that the various media are utilised legally so that neither the user nor Aero B’n’B / Croatia4tourists.com can be made liable. These rules derive, for example, from laws protecting copyrights and brands in addition to these General Terms and Conditions.
· Aero B’n’B / Croatia4tourists.com saves for the user the multimedia content uploaded by him (images, text, etc.) or merely arranges the necessary memory space and access to it. Users themselves are therefore solely responsible for the multimedia content they upload to Aero B’n’B / Croatia4tourists.com and indemnify Aero B’n’B / Croatia4tourists.com against all third-party claims resulting from this. In particular, this indemnification also includes the costs of appropriate prosecution and legal defence.
· Users will therefore ensure that the uploaded content does not violate applicable law or legal provisions, common decency, or in particular third-party rights (naming rights, personality rights, copyright, data protection rights, etc.).
· By uploading multimedia content, users transfer to Aero B’n’B / Croatia4tourists.com a free, revocable, unlimited, non-local right of use that can be sublicensed to the multimedia content uploaded to Aero B’n’B / Croatia4tourists.com by the user. In particular, the right of use comprises the right to process the multimedia content for the purposes of the platform and to make it available to the public offline, in printed or electronic form, by wired or wireless connection, in such a way that it is accessible to members of the public at places and times of their choosing, including playback on their chosen receiver terminal that allows online access, in particular stationary and portable computer and mobile handheld devices such as smartphones, tablets and similar equipment. The usage rights also include the right to integrate multimedia content, including advertising media, on websites from Aero B’n’B / Croatia4tourists.com’s contractual partners.
· The content offered via Aero B’n’B / Croatia4tourists.com is protected by copyright. The platform is generally accessed and utilized individually by a natural person using a web browser. The use of technologies such as web spiders, crawlers, or similar programmes, the purpose of which is not just the indexing of content but also the mass accessing and saving of the platform’s content is prohibited. This also applies in particular to technologies that enable so-called screen scraping and other third-party services.
· In the event of a violation of these prohibitions and the guidelines of these General Terms and Conditions, Aero B’n’B / Croatia4tourists.com is entitled to refuse acceptance of content, to delete and block content immediately and to delete the pages and links to them immediately. In such cases the user has no right to the restoration of his multimedia content on the internet platform or the release of his deleted user profile.
Availability and amendment of the website
· The user has no legal claim to permanent use of the platform. In particular, Aero B’n’B / Croatia4tourists.com is not required to ensure that the platform is available or can be reached at all times. However, Aero B’n’B / Croatia4tourists.com endeavours to maintain operation of the platform with as few disruptions as possible and to continue to develop it in line with user requirements.
· Aero B’n’B / Croatia4tourists.com can temporarily restrict use if this is necessary in terms of security, integrity, capacity limits, or the performance of technical measures (maintenance work). In particular, Aero B’n’B / Croatia4tourists.com will take users’ legitimate interests into account by notifying them in advance.
Liability for third-party sites
· The platform’s pages also include links to websites on the Internet maintained by third parties, the content of which is not known to Aero B’n’B / Croatia4tourists.com. Aero B’n’B / Croatia4tourists.com merely provides access to the websites and accepts no responsibility for the content. The links to third-party Internet sites merely serve to facilitate navigation. Aero B’n’B / Croatia4tourists.com does not espouse the views expressed on the sites to which it links, and rather hereby expressly distances itself from all content on all websites that it links to on its platform.
· The owners of the Internet sites to which the Aero B’n’B / Croatia4tourists.com platform hyperlinks are solely responsible for both their content and the goods or services offered for sale there.
Booking process, payment, invoicing
· By listing an accommodation on the Aero B’n’B / Croatia4tourists.com website, the provider is issuing an invitation to submit offers. Another user can submit an offer to conclude a lease for this accommodation.
· Cancellations are considered to be withdrawals before the planned check-in. Refunds required as a result will be paid by provider to the user using the same channel chosen by him (in mutual consent).
· Booking process, payment, invoicing and insurances are not subject to Aero B’n’B / Croatia4tourists.com. Same once are negotiated between provider and user outside Aero B’n’B / Croatia4tourists.com platform.
The provider must ensure that:
· the description of the accommodation and the images used do not violate the law or third-party rights and that they relate only to the accommodation on offer.
· successfully booked accommodation is indicated accordingly.
· information uploaded does not constitute references to third-party content.
· he complies with public law regulations, particularly those for payment, factoring and tax law obligations, which may also include any obligations under sales tax law or indirect tax obligations. The provider will be solely responsible of the obligations and duties of the offer content. Aero B’n’B / Croatia4tourists.com is entitled to verify the offer of the users and ask for the corresponding proofs.
The payment process shall take place under the following provisions:
· the agreement arises by way of a total price shown at the end of the booking and or mutual consent between provider and user, and it is not subject to Aero B’n’B / Croatia4tourists.com.
· provider is entitled to change the amount of processing fees at any time.
· the tenant must pay the total price agreed with provider in the they direct correspondences based on initial inquiery
· the provider shall satisfy his obligation to pay the advertisement fee per issued invoice to Aero B’n’B / Croatia4tourists.com before Aero B’n’B / Croatia4tourists.com approves provider’s listings and placing the listing online. By this way so the provider does not have to make any further payments for listing online and/or any provision fee.
· The provider is entitled to charge a security deposit in his offer. If a provider demands a security deposit from the tenant on the day of arrival, corresponding information on the amount of the security deposit and the payment method must have already been mentioned in the offer. The amount of the security deposit must be stipulated prior to the booking. It must also be clarified in advance when the amount must be paid (e.g. three months before arrival, in cash on arrival).
· Aero B’n’B / Croatia4tourists.com is not responsible for the administration of security deposits or for any claims asserted by the provider.
· The website allows users to review each other after performance of the agreement. Reviews are intended to provide meaningful information on users' trustworthiness. The reviews are not reviewed in advance by Aero B’n’B / Croatia4tourists.com.
· Users undertake to make only truthful statements in the reviews they submit and to comply with the corresponding legal provisions. The reviews expressed by users must not violate third-party rights, in particular personality rights. They must be objective and must not contain defamatory criticism.
· Any use of the review system contrary to the purpose of the review system is prohibited. In particular, users are prohibited from issuing reviews about themselves or arranging for third parties to let information be known in reviews that is unrelated to the settlement of the underlying agreement, and are prohibited from using reviews for any purpose other than presentation on the website.
· Aero B’n’B / Croatia4tourists.com does not intervene in the review system without justifiable grounds. Reviews issued will be neither amended nor removed by Aero B’n’B / Croatia4tourists.com unless Aero B’n’B / Croatia4tourists.com is legally and specifically required to do so. Reviews cannot be altered after they have been posted. They are saved permanently in a user’s reviews profile and can be viewed by all users. Aero B’n’B / Croatia4tourists.com is entitled to add notes to a review if this is useful for clarification and a better understanding of the review in question.
· If reviews are abused by a user, Aero B’n’B / Croatia4tourists.com shall have the right to remove the review as an exception and to take the measures. This applies in particular if:
o the review must be removed on account of an enforceable court ruling against those who issued the review;
o the comment contains remarks that are vulgar, obscene, racist, not suitable for minors, or criminally offensive;
o the review contains another member’s personal information, such as name, address, telephone number or e-mail address;
o the review contains unauthorised links or scripts;
o if a user has inadvertently posted a negative review for the wrong user, but has already corrected this error and assigned the same review to the correct user;
o the review was issued by a person who was not authorised to make the booking;
· The user agreement is concluded for an indefinite period.
· The user can terminate it at any time without notice. A declaration of termination to Aero B’n’B / Croatia4tourists.com in written form (e.g. letter, fax, e-mail) is sufficient. User's leases with other users that have already been proven or arranged remain unaffected by the termination of the agreement.
· Aero B’n’B / Croatia4tourists.com can terminate the user agreement at any time with two weeks’ notice.
· This does not affect the right to block, the right to terminate for just cause or individually agreed rights of termination of the user. In particular, Aero B’n’B / Croatia4tourists.com has just cause if:
o The user does not comply with a not merely insignificant payment obligation in full or in part, despite having been sent a reminder with an appropriate deadline;
o The user violates his obligations under these General Terms and Conditions and does not take remedial action despite having been sent a reminder with a timely deadline. A reminder is not needed if this is not expected to be successful or if the breach is sufficiently severe that it would be unreasonable for Aero B’n’B / Croatia4tourists.com to maintain the agreement. Furthermore, the severity of the offence can also result from the fact that the user has already been warned several times for similar violations;
o Requirements of law, a court, or an official authority mean that the use of the platform can no longer be offered in this form;
o Aero B’n’B / Croatia4tourists.com discontinues its platform or business activities;
o Insolvency proceedings are initiated for the user’s assets owing to a lack of funds.
· Measures in the event of illegal conduct and/or conduct in breach of contract by the user
· If there are specific indications that a user is culpably violating legal provisions, thirdparty rights, or the General Terms and Conditions or if Aero B’n’B / Croatia4tourists.com otherwise has a legitimate interest, particularly with regard to protecting its users against fraudulent activities, Aero B’n’B / Croatia4tourists.com can take one or more of the following actions subject to termination without notice without any refund or penalties:
o Issue the user with a warning;
o Delete the user's offers or other content;
o Restrict the user's use of the website;
o Temporarily or permanently exclude (block) the user from the website;
o Contest and cancel existing leases in the name of the provider without taking into account the otherwise applicable cancellation policies, and reject the user’s offers for the conclusion of a lease in the name of the provider.
· Aero B’n’B / Croatia4tourists.com also takes the legitimate interests of the user in question into consideration when choosing these measures.
· Aero B’n’B / Croatia4tourists.com reserves the right to block a user in any of the following cases, taking the legitimate interests of the user into account. Aero B’n’B / Croatia4tourists.com has the right to block a user without any kind of compensation or refund when:
o the user has repeatedly received negative reviews in the review system and must be blocked to protect the interests of other market participants;
o the user has provided incorrect contact information in his user account, in particular an incorrect or invalid email address;
o a user account is transferred to another party;
o the user significantly harms other users, in particular if their accommodations and/or furnishings are damaged, destroyed, stolen, etc.;
o there is just cause due to similar risk and responsibility of the user.
o a user shows a capture rate that is significantly lower than the average rate and an improvement cannot be predicted.
Aero B’n’B / Croatia4tourists.com’s liability
· Aero B’n’B / Croatia4tourists.com is fully liable for damages caused with intent or through gross negligence by Aero B’n’B / Croatia4tourists.com, its employees or agents, for fraudulent concealment of defects, if a guarantee was expressly assumed and for damages arising from injury to life, body and health.
· Aero B’n’B / Croatia4tourists.com is liable for other damages only if they arise from violation of a duty whose fulfilment makes the proper implementation of the agreement possible and compliance with which is regularly trusted by the parties to the agreement. Its duty to pay compensation is limited to such damages considered typical for the agreement and foreseeable.
· As Aero B’n’B / Croatia4tourists.com does not participate in the contractual relationship between the tenant and the provider, Aero B’n’B / Croatia4tourists.com accepts no liability for contracts for accommodation.
· Aero B’n’B / Croatia4tourists.com is authorised to transfer its rights and obligations under this agreement in full or in part to third parties.
· If individual provisions of these General Terms and Conditions are or become wholly or partially invalid, the other General Terms and Conditions are still valid. In the event of such a provision being invalid, it shall be replaced by a legal provision.
· All declarations to be sent in connection with the user agreement to be concluded with Aero B’n’B / Croatia4tourists.com must be issued in writing or by email. The postal address and email address of a user are those that are stated as the current contact data in the user’s user account.
· Aero B’n’B / Croatia4tourists.com are trading names of Aero Studio Business ltd with its registered office in Zagreb HR-10000, Miramarska street 15d.