1.1 - EXPIRIENCE is a web platform that allows registered users (Owners) to offer other users (Renters) the rental in different real estate regimes located in the Pyrenees, as well as activities or experiences (services).
1.2 - As the owner of the platform, EXPIRIENCE does not own, create, sell, resell, supply, control, manage, offer, deliver or provide any advertisement, service or good, or is an organizer or retailer of package tours, in accordance with Directive (EU) 2015/2302. Landlords are exclusively responsible for their advertisements, services and goods. When users make or accept a reservation, they sign a contract directly between them (Landlord and Tenant). EXPIRIENCE is not and will not become a party to or a participant in any contractual relationship between users, nor is it an insurance or real estate agent. EXPIRIENCE only carries out instrumental activities to promote contracting between Landlord and Tenant.
1.3 - EXPIRIENCE has no control over, and does not guarantee:
- 1.3.1 (i) - the existence, quality, safety, suitability or legality of any advertisement, service or goods offered by users.
- 1.3.2 (ii) - the veracity or accuracy of the descriptions of any advertisement or of the reviews, comments and other content produced and posted by users.
- 1.3.3 (iii) - the performance or conduct of any user or third party. EXPIRIENCE does not endorse any user, any advertisement, service or user-published. Any reference to a "verified" user (or other similar term) only indicates that that user has completed the corresponding verification or identification process, but does not mean anything else. This type of description does not imply an endorsement, certification or warranty by EXPIRIENCE about any user, including the identity or background of the user or the fact that the user is reliable, secure or adequate. Users (Renters) must always act with due diligence and attention in deciding whether to contract services or goods advertised by other users or whether they accept (the Landlords) the contract requests made in reference to their published advertisements. In addition, users should act with the utmost diligence in deciding whether to interact with other users, either online or in person; either through the platform or by any other means of communication. The Verified Images are intended only to indicate a photographic representation of an advertisement at the time the photograph was made, and therefore do not imply an endorsement by EXPIRIENCE for the goods or services advertised by users.
1.4 - Users agree that any use they make of the platform will always be in their own name and interest and at their own risk. The use of the platform does not imply any type of employment relationship, agency, partnership, as well as any other type of dependency relationship between users and EXPIRIENCE. In this sense, users accept that any use they make of the platform will be independent and that in no case can such use be considered to be directed or controlled by EXPIRIENCE. Users also agree that the publication of goods or services, as well as their contracting with other users and their provision will be carried out in accordance with the interests of each of the users (Landlords and Tenants), based on their own organization and on their own behalf. Users acknowledge that they may, in their sole discretion, advertise goods or services through the platform or engage in any other commercial or work activity.
1.5 - To promote the platform and increase the exposure of Ads to Potential Tenants, Ads and other User Content may be displayed on other websites, in apps, in emails and in online advertising and not online under the conditions contained in Clause 5. To assist users who speak different languages, EXPIRIENCE may make available automatic tools that allow users to translate Ads and other Content partially or completely into other languages. Users can use these tools at their discretion. EXPIRIENCE cannot guarantee the accuracy or quality of such translations and users are responsible for reviewing and verifying the accuracy of such translations.
1.6 - The platform may contain links to third-party websites or resources ("Third Party Services"). Such Third Party Services may be subject to different terms and conditions and to different privacy practices. EXPIRIENCE is not responsible for the availability or accuracy of such Third Party Services, or for the content, products or services available from such Third Party Services. The links to said Third Party Services do not constitute an endorsement of the same by EXPIRIENCE.
1.7 - EXPIRIENCE is not responsible for electrical interruptions or interruptions of Internet service or telecommunications infrastructure that are beyond its control and that may cause interruptions in the availability of the platform. EXPIRIENCE may temporarily and in accordance with the legitimate interests of the user (e.g. by prior notice) the availability of the platform or certain areas or functions of the platform if necessary due to the capacity limits, security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the platform. EXPIRIENCE will be able to improve, strengthen and modify the platform, as well as introduce new utilities from time to time. EXPIRIENCE will provide users with notice of any changes to the platform, unless these changes are minor and do not have material effects on the parties' contractual obligations.
2. PLATFORM USE AND USER VERIFICATION
2.1 - In order to access and use the platform, users must be 18 years of age or older or have a company, organization, or other legally constituted entity duly organized that complies with the laws of the country in which it is established and has the capacity and legal power to sign a contract.
2.2 - EXPIRIENCE may make access to and use of the platform, or certain areas or functions thereof, subject to certain conditions or requirements, such as performing a verification and registration process, meeting specific qualities or eligibility criteria, meeting thresholds of Ratings, Assessments or Qualifications or a certain history of a user's reservations and cancellations.
2.3 - The verification of users on the internet is difficult so EXPIRIENCE assumes no responsibility for the identity confirmation of any user. Notwithstanding the foregoing, for the purposes of transparency and fraud prevention, and to the extent permitted by law, we may, without being required, (i) request users to provide a form of administrative or government identification or other information or to undergo additional checks designed to help verify the identity or background of users,(ii) filter users by comparing third-party databases and other sources and request reports from service providers, and (iii) when we have sufficient information to identify a user, obtain public file reports or criminal records.
2.5 - Users accessing or downloading the app from the Apple App Store will be agreeing to the End User License Agreement for the Apple licensed app. Some areas of the EXPIRIENCE platform implement Google Maps / Earth mapping services, including the Google Maps API (s). The use of Google Maps / Earth is subject to Google Maps / Google Earth's Additional Terms of Service.
4. REGISTRATION ON THE PLATFORM
4.2 - Registration can be done using an email address and creating a password.
4.3 - For registration, users must provide truthful, accurate, current and complete information. They must also keep thier account and public profile page information up-to-date at all times.
4.4 - A user will not be able to register more than one (1) account unless EXPIRIENCE authorizes the creation of additional accounts. You may not assign or otherwise transfer your account to another party or third party.
4.5 - Users will be responsible for maintaining the confidentiality and security of their account credentials that they create and may not disclose them to any third party. In the event that they become aware of or have grounds to suspect that their credentials have been stolen, lost, misappropriated or threatened in any way, or in the event of an unauthorized use of the account of which they are holders, users must immediately inform EXPIRIENCE. The user holding the account will be responsible for all and any activities carried out through his account, unless such activities have not been authorized by the same or the user has not acted negligently (as in the event of having reported unauthorized use or loss of his credentials).
4.6 - EXPIRIENCE may activate features that allow you to authorize other users or certain third parties to perform certain actions that affect your account. For example, users may be allowed to link their accounts to duly accredited companies, organizations or other entities and take action for those companies, organizations or entities; Eligible users or certain third parties may be allowed to make reservations on behalf of other users, or Landlords may be allowed to add other users as Co-operators to help manage their posts. These roles do not require users' credentials to be shared. EXPIRIENCE does not authorize any third party to request their credentials and no user shall request the credentials of other users.
5.1 - EXPIRIENCE may allow users to:
- 5.1.1 - Create, upload, publish, submit, receive, and store content, such as text, photos, audio, video, and other material and information to, or through, the platform (User Content).
- 5.1.2 - Access and view User Content and any content EXPIRIENCE makes available on or through the platform, including content owned or licensed by a third party to use by or through EXPIRIENCE (EXPIRIENCE Content and, together with User Content, Collective Content).
5.2 - The EXPIRIENCE platform, EXPIRIENCE Content and User Content may be, in whole or in part, protected by copyright, such as intellectual property or industrial property, trademark, trade name or any other right. Users acknowledge and agree that the EXPIRIENCE platform and EXPIRIENCE Content, including all associated intellectual property rights, are the exclusive property of EXPIRIENCE and/or its licensors or licensors. Users will not remove, alter or obscure any copyright, trademark, trade name or service mark or other proprietary rights notices that are integrated or accompany the EXPIRIENCE platform, EXPIRIENCE Content or User Content. All EXPIRIENCE trademarks, trade names, logos, and any other source identifier elements used in, or in connection with, the EXPIRIENCE platform and EXPIRIENCE Content, constitute trademarks or registered trademarks of EXPIRIENCE. Trademarks, logos, trade names and any other proprietary names of third parties, used on or in connection with, the EXPIRIENCE platform, EXPIRIENCE Content and/or Collective Content, are used for identification purposes only and may be the property of their respective owners.
- 5.4.1 - Download and use the Application on your personal device(s).
- 5.4.2 - Access and view any Collective Content made available on or through the EXPIRIENCE platform and accessible to you, solely for your personal, non-commercial use.
5.6 - EXPIRIENCE may offer Landlords the option to have professional photographers to take photographs illustrating the goods and/or services they advertise, and which photographers will make available to Landlords to include in their publications with or without a watermark or label with the words "Photo verified by EXPIRIENCE" or similar text (Verified Images). Each user is responsible for ensuring that the goods and/or services they advertise are accurately represented in the Verified Images and undertakes to stop using it on or through the EXPIRIENCE platform in case they no longer accurately represent their publication, in case they stop offering the goods and/or services advertised or in the event that the user account is terminated or suspended for any reason. Users acknowledge and agree that they do not hold any intellectual property rights in any of the Verified Images. Users acknowledge and agree that EXPIRIENCE will be entitled to use any Verified Image in accordance with Clause 5.5 above even to promote and foment the platform. EXPIRIENCE, in turn, grants you a limited, non-exclusive, non-sublicensed, revocable, non-transferable license for the use of verified images outside the EXPIRIENCE platform, solely for your personal, non-commercial use.
5.7 - Users are solely responsible for any User Content made available on or through the platform. Accordingly, they represent and warrant that:
5.8 - Users agree not to post, upload, disseminate, submit or transmit any User Content that:
- 5.8.1 - Whether fraudulent, false, misleading (directly or by default or non-updating of information) or false;
- 5.8.2 - Be defamatory, libelous, obscene, pornographic or offensive.
- 5.8.3 - Encourage discrimination, intolerance, racism, hatred, harassment, or harm against any person or group.
- 5.8.4 - Whether it is violent or threatening or encourages violence or actions that are threatening about any other person or animal.
- 5.8.5 - Encourage illicit or harmful activities or substances.
5.9 - EXPIRIENCE respects copyright law and expects its users to act in the same way. If you believe that any content on the EXPIRIENCE platform infringes the copyright you own, you can notify us so that EXPIRIENCE can take such action as necessary.
6. SERVICE RATES
6.1 - EXPIRIENCE may collect fees from Landlords (Landlord Fees) and / or from Renters (Renter Fees) (hereinafter, collectively, the Service Fees) in exchange for the use of the platform. Before contracting any service, as well as formalizing reservations and publishing any advertisement, users must read and accept the Economic Conditions. (POST ENLLAÇ).
6.2 - All applicable Service Fees (including applicable Taxes) will be shown to the Landlord or Renter before posting or booking an Announcement. EXPIRIENCE reserves the right to change the Service Fees at any time, and we will notify users of any fare changes before they take effect. Changes to this rate will not affect bookings or contracts made prior to the date of the rate change.
6.3 - You are responsible for paying any Service Fees owed to EXPIRIENCE. Applicable Service Fees (including any applicable Taxes) are charged by EXPIRIENCE. EXPIRIENCE will deduct any Landlord Fees from the Ad Fee before remitting the payment to the Landlord. All Renter Fees are included in the Total Rates charged by EXPIRIENCE. Unless otherwise provided, Service Fees are non-refundable.
7. SPECIFIC TERMS FOR RENTERS
7.1 - Terms Applicable to All Ads
7.1.1 - When creating an Ad through the EXPIRIENCE platform users must (i) provide truthful information, complete and accurate about their Property-owner Service (such as ad description, location, availability of dates, and, where applicable, service description), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that may be relevant (such as a minimum age, skills, or fitness requirements for an activity) and (iii) provide any other relevant information that EXPIRIENCE requests. Users are responsible for keeping their Ad information up-to-date at all times (including date availability).
7.1.2 - Users are solely responsible for setting a price (including Taxes, if applicable, or charges such as cleaning fees) on their Announcement (Ad Fee). Once a Tenant requests a reservation for their Listing, the Tenant may not be required to pay a higher price than the reservation request.
7.1.5 - The placement and classification of Ads in the search results within the EXPIRIENCE platform may vary and depends on various factors, such as the search parameters and the Tenant's preferences, the Landlord’s requirements, the price and availability of dates, the number and quality of the Images, the history of customer service and cancellations, the Comments, Evaluations and Ratings, the type of Landlord Service and / or the ease of booking.
7.1.6 - When a Landlord accepts or has previously approved a reservation request by a Tenant, he/she will be signing a legally binding contract with the latter, which obliges him/her to provide his/her Landlord Service(s) to the Tenant as described in the Ad once the reservation request is completed. The fulfillment of the assumed obligations will be the sole and exclusive responsibility of the Landlord, exempting EXPIRIENCE from any responsibility. Once the reservation is accepted, the Landlord also agrees to pay the corresponding Landlord Fee and applicable Taxes.
7.1.7 - EXPIRIENCE recommends that Tenants take out adequate insurance for all Services offered through the platform. It is advisable to carefully review the relevant insurance policy, and to ensure in particular that you know and understand any exceptions and reductions that may apply to such insurance policy, including, without limitation, whether or not it covers the actions or inactions of Tenants (and the natural persons for which the Tenant has booked, if applicable) during the stay in the Accommodation or participation in the Experience, Event or other Landlord Service.
7.2. Properties Announced
7.2.1 - Unless EXPIRIENCE expressly authorizes it, only one Accommodation or Service can be advertised per Ad.
7.2.2 - In the event that a deposit is required for the Accommodation, this fact must be indicated in the Announcement (Deposit). Landlords are prohibited from requesting a Deposit (i) after the reservation has been confirmed or (ii) outside the platform.
7.2.3 - Any Announcement that is published and the reservation of an Accommodation or the stay of a Tenant in it (i) must not breach any contract or obligation in force with a third party, such as the community of owners, condominiums or other agreements, and (ii) will comply with all applicable laws (such as urban planning), tax requirements and other rules and regulations (including having all necessary permits, licenses and records).
8. SPECIFIC TERMS FOR TENANTS
8.1 - Terms applicable to all reservations
8.1.1 - Without prejudice to the fulfillment of any requirements established by EXPIRIENCE and / or the Landlord (such as completing any verification process), users can reserve an available Ad on the platform following the corresponding reservation process. Before booking an Ad, all applicable fees will be presented, including the Ad Fee, the Deposit (if applicable), the Tenant Fee and any corresponding Taxes (hereinafter, together, the Total Fees). The reservation implies the acceptance of payment of the Total Rates for the reservations requested in connection with the EXPIRIENCE Account of which each user is the owner.
8.1.2 - Upon receipt of a booking confirmation, a legally binding contract is formed between Tenant and Landlord, subject to any additional terms and conditions of the Landlord that may apply, including in particular the applicable cancellation policy and any rules and restrictions indicated in the Notice. EXPIRIENCE will charge the Total Rates at the time of the booking request or upon confirmation by the Landlord in accordance with the Terms of Payment.
8.2. Accommodation Reservation
8.2.1 - The Tenant agrees that a confirmed reservation of an Accommodation (Accommodation Reservation) constitutes a limited right granted to him/her by the Landlord to access, occupy and use the Accommodation for the period of his/her stay, during which time the Landlord (only to the extent, and where permitted by applicable law) retains the right to access the Accommodation, in accordance with the lease.
8.2.2 - The Tenant agrees to leave the Accommodation no later than the departure time specified by the Landlord in the Announcement or the time set by the Landlord and the Tenant by common agreement. If the stay extends beyond the agreed departure time without the consent of the Landlord (Excess stay), you will not have any right that allows you to stay in the Accommodation and the Landlord shall be entitled to force you to leave in a manner consistent with applicable law. The Tenant is responsible for the persons on whose account the reservation has made leave the accommodation on the same terms as the Tenant him/herself.
8.3 - Booking of Experiences, Events and other Landlord Services
8.3.1 - Each user must carefully review the description of any Experience, event or other Landlord Service that he/she intends to book to ensure that (both the user and any additional Tenants for which he/she reserves) meet the minimum age, ability, fitness and other requirements indicated by the Landlord in his/her Announcement. Users may, in their sole discretion, inform the Landlord of any medical or physical problems and other circumstances that may affect their ability, or that of any person who must enjoy the service, to participate in an Experience, an Event and other Landlord Services. In addition, certain laws, such as the minimum age for consumption of alcoholic beverages at the site of the Experience, event or other Landlord Service, will also apply.
8.3.2 - Before and during an Experience, an event and other Landlord Services, the instructions of the Landlord must be respected at all times.
8.3.3 - The Renter may not bring with him/her any additional natural person to the Experience, the event and other Landlord Services, unless such person has been announced to participate during the booking process on the EXPIRIENCE platform.
9. MODIFICATIONS, CANCELLATIONS AND REFUNDS OF RESERVATIONS
9.1 - Landlords and Renters are responsible for any modifications made to a booking through the platform (Reservation Modifications), and agree to pay all Advertising Fees, Landlord Fees or Additional Renter Fees and Taxes associated with such Booking Modifications.
9.2 - Renters may cancel a confirmed reservation at any time in accordance with the cancellation policy established by the Landlord, and EXPIRIENCE will refund the Total Fees due to the Renter in accordance with such cancellation policy. Unless there are causes of force majeure, EXPIRIENCE will forward to the Landlord any portion of the Total Fees owed to the same under the cancellation policy applicable under the Terms of Payment. The Landlord may, at its option, establish the following cancellation policies:
- Non-Refundable: by means of this modality, once the reservation has been made by the Renter no amount will be refunded for the cancellation of the same.
- Strict: Free cancellation and at no additional cost as long as the cancellation is formalized 30 days before arrival, taking as a reference the expected time of arrival. After this period, Renters may cancel up to 21 days prior to arrival and receive a refund of 50% of the price per night deducting the management fees paid by the Landlord. Cleaning costs will be returned in full. After this last period, i.e. the 20 days prior to arrival, no refund will be made.
- Moderate: Free cancellation and at no additional cost as long as the cancellation is formalized 10 days before arrival, taking as a reference the expected time of arrival. After this period, Renters can cancel up to 8 days prior to arrival and receive a refund of 50% of the price per night deducting the management fees paid by the Lessor. Cleaning costs will be returned in full. After this last period, i.e. the 7 days prior to arrival, no refund will be made. -
- Flexible: Free cancellation and at no additional cost as long as the cancellation is formalized 12 hours before arrival taking as a reference the expected time of arrival.
9.3 - If a Landlord cancels a confirmed reservation, the Renter will receive a full refund of the Total Rates for such booking. In some situations, EXPIRIENCE may allow the Renter to apply the refund to a new reservation, in which case EXPIRIENCE will disburse the amount for the Landlord's subsequent reservation at the direction of the same. EXPIRIENCE may also post an automatic comment on the Announcement cancelled by the Landlord indicating that a reservation has been cancelled. In addition, EXPIRIENCE may (i) keep blocked or unavailable the dates of the reservation cancelled in that Announcement, and/or (ii) impose a cancellation penalty, unless the Landlord has a valid and justified reason to cancel the reservation that must be explicitly accepted by EXPIRIENCE or hostel legitimate suspicions regarding the behavior of the Renter.
9.4 - With regard to Experiences, Events and other Landlord Services, if the weather poses a risk to the safety of Renters, or if it prevents a Landlord from performing a Landlord Service that takes place primarily outdoors, Landlords may cancel the Landlord Service. They may also cancel if there are other conditions that could prevent the Landlord from offering the Landlord Service securely.
9.6 - If a Renter suffers a setback that justifiably prevents him/her from arriving at the accommodation at the agreed time or prevents him or her from enjoying the booked accommodation or service, EXPIRIENCE may decide to reimburse the Renter for all or part of the Total Rates, subject to the Landlord's agreement.
9.7 - If a Renter or EXPIRIENCE cancels a reservation and the Renter receives a refund in accordance with Clause 9.6 above or any cancellation policy established by the Renter and mentioned in the Announcement, after the Renter has already received the payment, EXPIRIENCE may process the refund by the Renter of the amount of such refund, including the deduction of such refunded amount from any Collection owed to the Renter.
10. RATINGS, COMMENTS AND RATINGS
10.1 - Within a limited period of completion of a booking, Renters may leave a public evaluation and submit a rating. Assessments and Evaluations reflect user opinions on an individual basis and not THE opinion of EXPIRIENCE. EXPIRIENCE does not verify the accuracy of The Ratings and Feedback, which may thus be incorrect or misleading.
10.2 - Evaluations and Assessments by Renters and Landlords must be correct; In addition, they may not contain offensive or insulting language. Qualifications and Assessments are subject to the provisions of Clause 5.5 above.
10.3 - Users are prohibited from manipulating the Ratings and Assessments system in any way, such as instructing a third party to write a negative or positive comment about another user.
10.4 - Ratings and Assessments are part of the user's public profile and may also be reflected elsewhere on the platform (such as an Ad page), along with other relevant information such as the number of bookings, number of cancellations, average response time and other data.
11. DAMAGES IN ACCOMMODATION, DISPUTES BETWEEN USERS
11.1 - Renters are responsible for leaving the Accommodation (including personal and other material goods existing therein) in the same state as upon arrival. Renters are responsible for their own acts and omissions and also for the acts and omissions of any person who invites or provides access to the Accommodation, with the exception of the Landlord (and the persons invited to the Accommodation, if applicable).
11.2 - If a Landlord claims or proves that the Renter has damaged the property by mediating an Accommodation or any personal or other material property in the Accommodation (Claim for Damages), the Landlord may attempt to obtain payment from you through EXPIRIENCE. If a Landlord transmits a Claim for Damages to EXPIRIENCE, the Renter will enjoy the opportunity to respond to it. If you agree to pay the Landlord, or EXPIRIENCE, such circumstance means that the Renter is responsible for the Claim for Damages, and consequently EXPIRIENCE will charge you at the end of your stay the corresponding amounts and/or deduct them from the Diposit (if applicable) to satisfy the Claim for Damages under the Terms of Payment. EXPIRIENCE also reserves the right to charge the Renter for payment in any other way and to make use of any remedies that EXPIRIENCE has at its disposal in this regard in situations where the Renter is responsible for a Claim for Damages. In any event, the right of the Landlords and The Renters to bring legal action before the Courts of Justice remains unchanged.
11.3 - Users agree to cooperate with and assist EXPIRIENCE in good faith, and to provide it with information and to take measures that EXPIRIENCE reasonably requests in connection with any Claims for Damages and other complaints or claims made by users regarding (i) Accommodation or any personal or other material goods existing in the Accommodation, (ii) to Experiences or (iii) to Bookings with Group Payment. Each user shall participate, at reasonable request of EXPIRIENCE and at no cost to such user, in mediation or in a similar resolution process with another user, a process whose development will be carried out by EXPIRIENCE or a third party that EXPIRIENCE or its insurer selects, with respect to losses whose payment EXPIRIENCE requests from a user. Users have the right to suspend their participation in mediation or similar resolution process at any time. A user's right to bring legal action before the Courts of Justice remains unchanged.
EXPIRIENCE usually allows the payment of the amounts payable to or from the Renters or Landlords to the smallest unit that each currency supports (e.g. euro cents). Where EXPIRIENCE's payment service provider does not support payment in the smaller unit that supports a currency, EXPIRIENCE may, in its sole discretion, round up or down the amounts shown payable to or from Renters or Landlords to the nearest whole functional base unit depending on the currency; for example, EXPIRIENCE will round up from EUR 101.50 to EUR 102.00, and EUR 101.49 to EUR 101.00.
13.1 - As a Landlord, you are solely responsible for determining and knowing your obligations to declare, collect, remit or include in your Advertising Fees VAT and other indirect taxes on the sale, accommodation tax, tourist tax or other visitor tax or income taxes that may apply (Taxes).
13.2 - Tax and fiscal regulations may require us to collect due tax information from Landlords, or to withhold taxes from payments to them, or both. If a Landlord does not provide us with the required documentation in accordance with applicable laws to satisfy our obligation (if any) to withhold Taxes from payments made to you, we reserve the right to withhold payments of the amount reasonable to meet taxes that are required by law, until the matter is resolved.
13.3 - Users accept and understand that any agency, department and/or competent authority (Tax Authority) of the place where their Accommodation is located may require the collection of Taxes to Renters or Landlords on The Advertising Fees, and that they are forwarded to the corresponding Tax Authority. Laws may vary by jurisdiction, but these Taxes may need to be collected and remitted as a percentage of the Ad Fee established by Landlords, fixed amount per day or other variants, and are sometimes referred to as "temporary occupancy taxes", "hotel taxes", "accommodation taxes", "municipal taxes", "taxes per bedroom", "tourist tax" or "tourist taxes", among other denominations (Accommodation Taxes).
13.5 - Renters and Landlords agree that EXPIRIENCE may request additional amounts from them in the event that taxes collected or transferred are insufficient to fully repay their obligations to the Tax Authority, and that your only legal remedy in respect of occupancy taxes collected is for the competent tax authority to reimburse you for accommodation taxes collected by EXPIRIENCE in accordance with the applicable procedures available to those authorities.
13.6 - EXPIRIENCE reserves the right, upon notice to the Landlord, to cease collection and transfer in any jurisdiction for any reason whatsoever, at which time the Landlords and Renters will again be solely responsible for the collection and/or transfer of all and any Accommodation Taxes that may apply to the Accommodations in that jurisdiction.
14. PROHIBITED ACTIVITIES
14.1 - Users are solely responsible for compliance with any and all laws, rules, regulations and obligations that may apply to their use of the EXPIRIENCE platform. In connection with the use of the EXPIRIENCE platform, users will not take the following actions or help or allow others to do so:
- use the EXPIRIENCE platform in connection with the distribution of unwanted commercial messages ("spam");
- offer, as a Landlord, any Accommodation that is not owned or holds any other rights that allow you to make it available to other users;
- unless EXPIRIENCE explicitly permits otherwise, book an Ad if you are not making effective use of the Landlord Services;
- contact another user for a purpose other than asking a question regarding their own reservation, their Ad or the use of the platform user, including, for example, employment contracts or proposals for any user to Incorporate third-party services, applications or websites without the prior written authorization of EXPIRIENCE;
- use the EXPIRIENCE platform to request, make or accept a reservation outside the EXPIRIENCE platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment of Rates per advertisement outside the EXPIRIENCE platform. If you do so: (i) you accept all risks and responsibility for said payment and (ii) exempt EXPIRIENCE from any responsibility for said payment;
- discriminate or harass persons on the basis of race, national origin, religion, sex, gender identity, physical or mental disability, medical situation, marital status, age or sexual orientation, or otherwise adopt violent, harmful, abusive or disruptive behavior;
- misuse or abuse of Ads or services;
- use, display, reflect or frame the EXPIRIENCE platform or Collective Content or any individual element of the EXPIRIENCE platform, the name of EXPIRIENCE, any EXPIRIENCE trademark, logo or other proprietary rights information, or the design and layout of any page or form contained on a page of the EXPIRIENCE platform, without the express written consent of EXPIRIENCE;
- tarnish, stain or damage by other means the EXPIRIENCE brand in any way, including, among others, the unauthorized use of Collective Content, the registration or use of EXPIRIENCE or derived terms in domain names, trade names, trademarks or others Origin Identifiers, or the registration or use of domain names, trade names, trademarks or other origin identifiers that mimic EXPIRIENCE domains, trademarks, slogans, promotional campaigns or Collective Content, or that they are so similar to them that they induce confusion;
- use robots, web spiders, web worms, web scrapers and other means or automatic processes to access, collect data and other content from, or otherwise interact with, the EXPIRIENCE platform for any purpose;
- avoid, bypass, withdraw, deactivate, impede, decode or in any other way attempt to circumvent a technological measure implemented by EXPIRIENCE or by any of the EXPIRIENCE providers or other third parties in order to protect the EXPIRIENCE platform;
- try to decrypt, decompile or disassemble the software used to offer the EXPIRIENCE platform or reverse engineer it; - take any action that adversely harms or affects, or may adversely harm or affect, the performance or proper functioning of the EXPIRIENCE platform;
- export, re-export, import or transfer the Application, except to the extent authorized by applicable laws in each jurisdiction, and any other applicable law; Or
- infringe or violate the rights of any other person or otherwise harm anyone else.
14.3 - Any user who has the impression that any user with which he or she interacts, whether online or in person, acting or wrongful acting, such as someone (i) engaging in offensive, violent or sexually inappropriate behavior, (ii) of those you suspect has stolen from you, or (iii) adopts any other disruptive conduct, you must immediately report such circumstance to the competent authorities and then to EXPIRIENCE, by contacting us by providing the data of the complaint filed. Users agree that no notice you make will require EXPIRIENCE to take action (except as required by law, if applicable).
15. PERIOD OF VALIDITY AND EXTINCTION, SUSPENSION AND OTHER MEASURES
15.1 - This Agreement shall apply until such time as Users or EXPIRIENCE terminate the Agreement in accordance with this provision.
15.2 - Users may terminate this Agreement at any time by sending an email. In the event of cancelling the EXPIRIENCE Account as a Landlord, all confirmed reservations will be automatically cancelled and Renters will be refunded in full all payments made. In the event of canceling the EXPIRIENCE Account as a Renter, all confirmed reservations will be automatically cancelled and any refund will depend on the terms of the Announcement's cancellation policy.
15.3 - Without prejudice to our rights specified below, EXPIRIENCE may terminate this Agreement for convenience at any time with thirty (30) days' notice sent by email to the email address registered by the user.
15.6 - If we adopt any of the measures described above, (i) we can reimburse its Tenants the total amount paid for all confirmed reservations, regardless of any pre-existing cancellation policy, and (ii) the user will not be entitled to any compensation for the confirmed or pending reservations to be canceled.
15.7 - Upon termination of this Agreement, you shall not have the right to have your EXPIRIENCE Account or any element of your User Content restored. If your access to or use of the EXPIRIENCE platform has been limited or if your EXPIRIENCE Account has been suspended or terminated by this Agreement, you may not register a new EXPIRIENCE Account or access or use the EXPIRIENCE platform through another user's EXPIRIENCE Account.
15.8 - If EXPIRIENCE takes any of the measures described in this Clause, a user's right to bring legal action before the Courts of Justice remains unchanged.
EXPIRIENCE is responsible under the legal provisions for willful acts and for gross negligence committed by us, by our legal representatives, managers and other indirect agents. The same shall apply with respect to the assumption of guarantees or any other liability or in the event of a guilty injury that affects life, physical integrity or health. EXPIRIENCE is responsible for any negligent breaches of basic contractual obligations that are committed by us, our legal representatives and managers, limiting this liability to the foreseeable damages typical of the contract. The basic contractual obligations are those tasks of EXPIRIENCE in whose fulfillment the user can regularly trust and must trust for the correct execution of the contract. Any additional liability of EXPIRIENCE is excluded.
To the extent permitted by applicable law, users agree to exempt, defend (at the discretion of EXPIRIENCE), indemnify and discharge EXPIRIENCE and its affiliates and subsidiaries, as well as their managers, directors, employees and agents, against and against any claims, liabilities, compensation for damages, losses and expenses, including, without limitation, the reasonable expenses of legal and accounting advice, arising from, or in any way related to (i) the breach by your part of these Conditions of Use or our Policies or Rules, (ii) the improper use by you of the platform or any EXPIRIENCE Services, (iii) the interaction on your part with any user, your stay in an Accommodation , your participation in an Experience, Event and other Landlord Services, your participation in the Group Payment Service, including, without limitation, any injuries, losses as or compensation for damages (whether sanctions without a compensatory purpose, for direct, incidental, consequential or other damages) of any nature that arise in relation to, or as a result of, said interaction, stay, participation or enjoyment, or (v) the infringement by you of any laws, regulations or rights of third parties. The indemnity obligation in accordance with this Clause only applies if and to the extent that the claims, responsibilities, damages, losses and expenses have been caused by the guilty breach of a contractual obligation.
18. APPLICABLE LEGISLATION AND JURISDICTION
19. GENERAL PROVISIONS
19.2 - There is no joint venture, cooperation, employment or agency relationship between you and EXPIRIENCE as a result of this Agreement or your use of the platform.
19.6 - The user may not assign, transfer or delegate this Contract or his rights and obligations under it without the prior written consent of EXPIRIENCE. EXPIRIENCE may assign, transfer or delegate this Agreement and any rights and obligations under it, at its sole discretion, giving notice 30 days in advance. The user's right to terminate this Agreement will not be affected at any time.
19.7 - Unless otherwise indicated, any notices and other communications intended for users, necessary or permitted under this Agreement, shall take place electronically and shall be delivered by EXPIRIENCE by e-mail, notice on the platform or by message (including SMS).