Rent of real estate without intermediaries
Rent of real estate without intermediaries
We offer you to read carefully the Terms and Conditions (hereinafter «the Rules») of our service. They contain useful information about your rights and responsibilities, as well as legal remedies. Using the Stayandrent.com Platform, you agree to abide by these Terms.
Date of publication: 01 June 2020
These Rules are an agreement between you and Stayandrent.com (see definition below), which is legally binding («the Agreement») and governs your use of the Stayandrent.com website.
«Stayandrent.com», «we», «us» or «our/ours» means Stayandrent.com, Stayandrent Inc. company, registered under Swiss law at Switzerland, Valais, CH 196-Preplan, 1911 Ovronnaz. «Platform» means a (mobile) site owned, controlled, managed, maintained and/or hosted by Stayandrent.com, and where the Service is provided.
The processing and use of personal information in connection with your use of the Stayandrent.com platform is carried out in accordance with the Stayandrent.com Privacy Policy.
Payment processing services that are provided in connection with or through your use of the Stayandrent.com Platform («Payment Services») are provided to you Bank Raiffaisen.
«The Owner» means the owner or an authorized representative of the owner («the Second Owner») of residential real estate (for example, an apartment, suites, house, hotel, motel) who provides his/her property for long-term or short-term residence (rental).
Owners are solely responsible for the study, understanding and compliance with all laws, rules and regulations applicable to their Announcements (as defined below). Owners are solely responsible for collecting necessary information and obtaining all licenses, permits or registrations required to provide residential real estate. If you have any questions about the application of local law to your Announcement, seek legal advice.
Content
1.1. Stayandrent.com is an online platform where registered users («Users») can advertise, promote their residential real estate on the market, and guests of the Platform can find such objects, compare and contact directly with the Owners to order.
1.2. Stayandrent.com provides the Platform and does not own, does not create, does not sell, does not resell, does not control, does not offer, does not provide any Announcements. We act solely as an intermediary between you and the residential property Owner, transmitting the relevant data of the Owner to you, and sending the Owner an electronic request on your behalf.
1.3. Despite the fact that we can assist in the settlement of disputes, Stayandrent.com does not control and does not guarantee the existence, quality, safety, compliance or legality of any Owner Announcements, the credibility or accuracy of descriptions, Ratings, Housing Reviews or other User Content (see definition below), as well as the actions or behavior of Users or third parties. Stayandrent.com does not recommend any Users or Owner Announcements. The Platform does not provide the User verification. Stayandrent.com makes no warranties or recommendations regarding any Users, including regarding the reliability of information about him/her or his/her lack of offenses, his/her reliability, safety or compliance. When deciding to stay in the Housing, as well as communicating and interacting with other Users both online and personally, you should exercise due diligence and attention. Images in the Announcement are not recommendations of Stayandrent.com regarding any Owner, Stayandrent.com makes no guarantees regarding their authenticity.
1.4. If you decide to use the Stayandrent.com Platform as the Owner or the Second Owner, your relationship with Stayandrent.com is limited to that of independent third-party contractors. In this case, you are not an employee, agent, member of a joint venture or partner of Stayandrent.com, but act on your own behalf and in your own interests, but in no case on behalf of or in the interests of Stayandrent.com. Stayandrent.com does not direct or control you or your activities under this Agreement, nor should it be considered as such. You confirm that you participate in business or labor relations on your own initiative.
1.5. In order to promote the Stayandrent.com Platform and increase the viewing of Announcements by potential Guests, Announcements and other User Content may be displayed in emails, as well as in online and offline advertisements. To help Users speaking different languages, Announcements and other User Content may be fully or partially translated into other languages. Stayandrent.com cannot guarantee the accuracy or quality of such translations, and Users are solely responsible for viewing and checking them. Stayandrent.com Platform may display translations created by Google. Google disclaims any express or implied warranties regarding these translations, including any warranties of accuracy or correctness, as well as any implied warranties of merchantability, fitness for any purpose, or respect for rights.
1.6. The Stayandrent.com Platform may contain links to third-party sites and resources («Third-Party Services»). Use of Third-Party Services may be governed by other terms and conditions, including privacy terms. Stayandrent.com is not responsible for the availability or accuracy of Third-Party Services, or for the content, products or services of Third-Party Services. The presence of links to Third-Party Services does not imply any warranties regarding Third-Party Services by Stayandrent.com.
1.7. Due to the nature of the Internet Stayandrent.com cannot guarantee a constant and continuous availability of the Stayandrent.com Platform. Stayandrent.com may limit the availability of the Stayandrent.com Platform, its sections or functions, if it is necessary to maintain the proper bandwidth, security or integrity of our servers, as well as to carry out technical activities that ensure the proper or improved functioning of the Stayandrent.com Platform. Stayandrent.com may improve, expand and modify the Stayandrent.com Platform, as well as introduce new Stayandrent.com Services.
2.1 In order to access and use the Stayandrent.com Platform, as well as to register a Stayandrent.com Account, you must be at least 18 years old, or you have to be an organization, established in the prescribed manner, legally existing under the laws of country of registration activities, in the country of your location, which has the ability and authority to enter into legally binding contracts.
2.3. Stayandrent.com may condition access to certain sections and functions of the Stayandrent.com Platform, as well as their use by certain conditions, for example, require verification or compliance with certain criteria, achievement of certain Rating values or Reviews.
2.4. Access to the Stayandrent.com Platform or the use of certain sections and functions may be governed by separate rules, standards and guidelines or may require acceptance of additional conditions before you can access the relevant sections or functions of the Stayandrent.com Platform. Unless otherwise specified, in the case of a conflict between these Terms and Conditions applicable to certain sections or functions of the Stayandrent.com Platform, the latter shall prevail in connection with the use of these sections and functions or access to them.
2.5. Some sections of the Stayandrent.com Platform use the Google Maps and Google Earth map services, including the Google Maps API. Use of the Google Maps and Google Earth services is governed by the Additional Terms of Use of the Google Maps and Google Earth Services.
Stayandrent.com reserves the right to modify these Rules in accordance with this provision at any time. In case of modification of these Rules, the updated Rules are published on the Stayandrent.com Platform with the date of the last update at the top of the first page of the Rules. In case of disagreement with the updated Rules, you can terminate this Agreement with the immediate entry into force of the termination. We will inform you of the right to refuse and terminate the Agreement in the notification sent by e-mail. Not terminating the Agreement before the date of entry into force of the changes and continuing to use the Stayandrent.com Platform, you thereby confirm the acceptance of the updated Terms.
4.1. In order to use certain functions of the Stayandrent.com Platform, including publishing an Announcement, you have to register an account («Stayandrent.com Account»). If you register a Stayandrent.com Account on behalf of an organization, company or other legal entity, you warrant that you have the authority to accept obligations on behalf of this company or legal entity.
4.2. To register a Stayandrent.com Account, you can use your email address and create a password, or specify your account in some third-party social networking services such as Facebook or Google («Social Network Account»).
4.3. You have to provide accurate, valid and complete information during registration, as well as constantly maintain the relevance of the information of your Stayandrent.com Account and the open profile of your Stayandrent.com Account.
4.4. You cannot register more than 1 (one) Stayandrent.com Account without the permission of the Stayandrent.com administration.
4.5. You are responsible for maintaining the confidentiality and security of the Stayandrent.com Account data and cannot disclose your accounting data to third parties. You have to immediately notify Stayandrent.com if you become aware or have reason to believe that your accounting data has been lost, stolen, misappropriated or otherwise compromised, as well as in the case of unauthorized use of your Stayandrent.com Account or suspicion of such use. You are responsible for all actions carried out through your Stayandrent.com Account, except when such actions have not been authorized by you and are not the result of your negligence.
5.1. Stayandrent.com may, at its discretion, provide Users with the opportunity to create, upload, send, receive and store content, in particular texts, photos on or through the Stayandrent.com Platform («User Content»); view User Content, as well as any content that Stayandrent.com independently posts on or through the Stayandrent.com Platform, including its own Stayandrent.com content, as well as content provided by Stayandrent.com under license or authorized for use by Stayandrent.com or through a third party («Stayandrent.com Content», together with User Content – «Collective Content»).
5.2. The Stayandrent.com Platform, Stayandrent.com Content, and User Content may be wholly or partially protected by copyright, trademark, and / or other laws. You agree that the Stayandrent.com Platform and Stayandrent.com Content, including all related intellectual property rights, belong exclusively to Stayandrent.com and / or its licensors or third parties. You may not remove, modify or hide copyright, trademark, service mark or other protected rights notices that are part of or associated with the Stayandrent.com Platform, Stayandrent.com Content or User Content. All Stayandrent.com trademarks, service marks, logos, commercial and other registered designations used on the Stayandrent.com Platform, in or related to Stayandrent.com Content are trademarks or registered trademarks. Trademarks, service marks, logos, commercial designations and any other third party protected marks used on or associated with the Stayandrent.com Platform, in Stayandrent.com Content and / or Collective Content are used for identification purposes only and may be the property of the respective owners.
5.3. You may not copy, adapt, modify, distribute, sell, assign, publicly display, publicly demonstrate, broadcast, transmit or otherwise use the Stayandrent.com Platform or Collective Content, as well as develop derivative works based on them and grant licenses for them , except as expressly provided for in these Terms, or if you are the legal owner of certain User Content. No licenses or rights are granted to you indirectly or otherwise in accordance with the intellectual property rights owned or controlled by Stayandrent.com or its licensors, with the exception of licenses and rights specifically provided for in these Terms.
5.4. Creating, downloading, posting, sending, receiving, storing or otherwise making available any User Content on or through the Stayandrent.com Platform, you provide Stayandrent.com with non-exclusive, worldwide, gratuitous, perpetual (or for the term of protection) and an irrevocable license with the right to sub-license to view, store, copy, adapt, modify, distribute, publish, broadcast, transmit and use this User Content in any way to promote the Stayandrent.com Platform in any medium and on any platforms, as well as to create derivative works based on it. To the extent that User Content includes personal information, such User Content will only be used for these purposes if such use is consistent with applicable data protection laws and our Privacy Policy. If you are not allowed otherwise, Stayandrent.com does not claim any ownership rights of User Content, and no provision of these Terms may be construed as a limitation of any of your rights to use your User Content.
5.5. You are solely responsible for all User Content that you post on or through the Stayandrent.com Platform. Accordingly, you represent and warrant that you are either the sole and exclusive owner of all User Content that you post on or through the Stayandrent.com Platform, or you have all the rights, licenses, consents and permissions that are necessary to provide Stayandrent.com the rights to this User Content, provided for by these Rules; neither the User Content itself, nor its placement, downloading, publication, provision or transmission, nor the use of User Content or part thereof, as provided in these Terms, Stayandrent.com does not infringe the patent or copyright of third parties, trademark rights, trade secret, moral or other property rights or intellectual property rights, as well as publicity and privacy rights or confidentiality and does not violate any applicable law or regulation.
5.6. You agree not to publish, download, post or transmit User Content that is falsified, false, misleading (directly or by providing incomplete or outdated information) or disorienting; is slanderous, disparaging, offensive, pornographic or obscene; promotes discrimination, intolerance, racism, hatred, aggression or harm to any person or group of people; promotes violence and cruelty, contains threats or encourages violence against any person or animal; advertises illegal or harmful activities or substances; violates the Stayandrent.com Privacy Policy or other Stayandrent.com rules. Stayandrent.com may, without prior notice, remove any User Content or terminate access to any User Content that, in the opinion of Stayandrent.com, violates applicable law, these Rules or the then valid Rules and Standards or Community Rules, and may otherwise damage Stayandrent.com and its Users, third parties or property. Stayandrent.com may remove any User Content without prior notice or terminate access to any User Content that, in the opinion of Stayandrent.com, violates applicable law, these Rules or the Rules and Standards or Community Rules valid at that time, and otherwise may cause damage to Stayandrent.com and its Users, third parties or property.
5.7. Stayandrent.com complies with copyright laws and expects the same from its Users. If you believe that any content on the Stayandrent.com Platform infringes your copyrights, please let us know in accordance with the Intellectual Property Policy.
6.1. You are solely responsible for complying with all laws, rules, secondary legislations and tax obligations that can be applied or arise in connection with your use of the Stayandrent.com Platform. Using the Stayandrent.com Platform, you agree not to commit yourself, and also not to help and not to allow others to perform the following actions:
6.2. You acknowledge that Stayandrent.com is not obligated to monitor access to or use of the Stayandrent.com Platform by Users, to check or edit any User Content, or terminate access to it, however, it has the right to ensure the functioning, security and improvement of the Platform Stayandrent.com (including for the prevention of fraud, risk assessment, investigation and customer support); to ensure that Users comply with these Terms; pursuant to the requirements of the law, court’s decision or order, instructions of law enforcement, administrative or state bodies; to respond to User Content recognized by Stayandrent.com as dangerous or controversial; for other purposes provided by these Rules. Users agree to cooperate in good faith with Stayandrent.com, to provide Stayandrent.com with any information and to carry out any actions reasonably requested by Stayandrent.com as part of an investigation conducted by Stayandrent.com or its representative related to the use or violation of the rules for using the Platform.
6.3. If you think that the User who you interact with personally or on the Internet behaves improperly, including abusive, rude or sexually inappropriate behavior, you suspect him/her of committing theft, or he/she demonstrates any other behavior that concerns, you should immediately report this to the competent authorities, and then notify Stayandrent.com, informing us of your police station number and application number (if you have it). You agree that your notice does not oblige us to take any action beyond those prescribed by law (if there is).
7.1. This Agreement is valid for 30 days, after which it is automatically renewed for the next 30 days until you and Stayandrent.com terminate it in accordance with this provision.
7.2. You can terminate this Agreement at any time by sending us a notification email. If you delete your Stayandrent.com Account as Owner, all announcements paid by you are deactivated, a refund is not provided.
7.3. Stayandrent.com may, at its discretion, terminate this Agreement at any time, 30 (thirty) days in advance by sending you a corresponding notification by e-mail, which does not limit the following rights of Stayandrent.com.
7.4. Stayandrent.com may immediately and without notice terminate this Agreement and / or restrict access to the Stayandrent.com Platform in the following cases: you have committed a material breach of your obligations under these Rules, as well as our other Terms and Conditions or Community Standards; you have violated the applicable laws, regulations or rights of third parties; Stayandrent.com has reason to believe that such action is reasonably necessary to protect the interests of other Users, Stayandrent.com companies or third parties (for example, in case of fraud attempts by the User).
You use the Stayandrent.com Platform and Collective Content voluntarily, aware of all possible risks. The Stayandrent.com Platform and Collective Content are provided without any explicit or implicit warranties.
You acknowledge that you had all the necessary capabilities and means to study the laws, rules and regulations that may apply to your Announcements. You also acknowledge that you do not rely on any Stayandrent.com statements on legal and other issues regarding any Announcement.
The foregoing disclaimer applies to the extent permitted by the applicable law. You may have other rights provided by law. In this case, the scope of the provided rights and guarantees (if there are some) will be limited to the maximum extent permitted by law.
You agree that to the maximum extent permitted by law, you assume all risk arising from your access to or use of the Stayandrent.com Platform and Collective Content, the publication of Announcements through the Stayandrent.com Platform, or renting a Housing, your stay in Housing, interacting with other Users both on the Internet and in person. Neither Stayandrent.com nor any other person participating in the provision of the Stayandrent.com Platform or Collective Content is liable for incidental damages determined by the special circumstances of the case, as well as for collateral damages, including loss of profits, loss of data or damage to business reputation, interruptions in service, computer damage, or system failures, expenses for the replacement of products or services, for any losses due to personal harm, personal injury or moral damage arising in connection with these Rules, or related to the use or inability to use the Stayandrent.com Platform or Collective Content, communication, information exchange or meetings with other Users or people with whom you interact during the use of the Stayandrent.com Platform, as well as with the publication of Announcements or rental of housing through the Announcement, regardless of whether your requirements are due to the provisions of the guarantee or contract, the fact of an offense (including through negligence), responsibility for product quality or other grounds, and regardless of whether Stayandrent.com was informed of the possibility of such losses, even if it turns out that the use of the limited remedies specified in these Rules does not allow us to achieve their main goal.
We welcome and encourage any feedback, comments, or suggestions for improving the Stayandrent.com Platform. You can send us offers by e-mail or in any other way. All Proposals you submit are not considered confidential and are not considered your property. By sending us an Offer, you grant us a non-exclusive, worldwide, gratuitous, irrevocable, perpetual license with the right to sublicense to use and publish ideas and materials for any purpose and without paying you compensation.
To the maximum extent permitted by applicable law, you agree to release from responsibility, protect (at the discretion of Stayandrent.com), pay damages and prevent Stayandrent.com, its related parties, from any claims, liability, damage, losses and expenses, including justified legal and accounting expenses in any way related to your violation of these Rules, other Terms and Conditions or the Community Standards; with your improper use of the Stayandrent.com Platform; with your interaction with Users, living in the Housing, including any claims for compensation for compensatory, direct, unintentional or indirect losses associated with the described interaction, living or use; with your violation of laws, regulations or rights of third parties.
These terms and conditions and the provision of our services shall be governed by and construed in accordance with Swiss law. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereinafter also referred to as «consumer») can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereinafter: «Mandatory Provisions»). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Sion, Switzerland. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled. For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission’s ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.
13.1. These Terms constitute the entire Agreement between Stayandrent.com and you regarding the use of and access to the Stayandrent.com Platform, canceling and replacing all previous oral and written agreements and understandings that existed in this regard, with the exception of cases of supplementing the Rules by introducing additional rules, standards, norms or conditions.
13.2. This Agreement or your use of the Stayandrent.com Platform does not imply the creation of any joint venture or partnership between you and Stayandrent.com, as well as the establishment of an employment or agent relationship.
13.3. These Rules do not imply and cannot be interpreted as giving any rights or remedies to any person other than the parties to the contract.
13.4. If any of the provisions of these Rules is declared invalid or unenforceable, this provision will be considered deleted and will not affect the validity and enforceability of the remaining provisions.
13.5. Failure to enforce any right or provision of these Rules by Stayandrent.com does not imply its refusal to enforce this right or provision in the future. Except as expressly provided in these Rules, the use by any of the parties of any of the available legal remedies provided for by these Rules will not limit the use of other legal remedies at its disposal provided for by these Rules or permitted by law.
13.6. You may not assign, transfer or delegate this Agreement, as well as your rights and obligations under this Agreement, without the prior written consent of Stayandrent.com. Stayandrent.com may, without limitation and at its sole discretion, assign, transfer or delegate this Agreement, as well as its rights and obligations under this Agreement, by sending you a corresponding notice 30 days in advance. You have the right to terminate this Agreement at any time.
13.7. Unless otherwise specified, all notifications or other messages sending of which Users are permitted or required by this Agreement, are made in electronic form and sent by Stayandrent.com by e-mail, by publication on the Stayandrent.com Platform or by sending messages (including SMS).
13.8. The original French version of these Terms and Conditions could be translated into other languages. The translated version is an unofficial translation, and you cannot claim any rights based on the translated version of these terms and conditions. In the case of a dispute about the content or interpretation of these terms and conditions, as well as in the case of discrepancies or inconsistencies between the French version and any other language version of these terms and conditions, the French language version shall apply, prevail and be undeniable in accordance with the law. The French version of these terms and conditions is available on our Platform (when choosing the French language), and can also be sent to you by written request.
13.9. If you have any questions regarding these Rules, please contact us by e-mail.