Terms of service - Paleopetres

TERMS OF SERVICE

By using the Paleopetres Platform, you agree to comply with and be bound by these Terms.

These Terms constitute a legally binding agreement (“Agreement“) between you and Paleopetres (as defined below) governing your access to and use of the Paleopetres website and all associated services (collectively, “Paleopetres Services“). The Site and Services together are hereinafter collectively referred to as the “Paleopetres Platform”.

Last updated : April 2020

When these Terms mention “Paleopetres,” “we,” “us,” or “our,” it refers to Paleopetres Ltd (“Paleopetres Ltd”), Albany House, Claremont Lane, Esher KT10 9FQ, United Kingdom.

References to “you” and “your“, “Guest” or “ Client” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

Our collection and use of personal information in connection with your access to and use of the Paleopetres Platform is described in our Privacy Notice.

Table of Contents

1 Scope of Paleopetres Services

2 Eligibility, Using the Paleopetres Platform

3 Modification of these Terms

4 Content

5 Terms

6 Alterations and Cancellations

7 Damage to Accommodations

8 Prohibited Activities

9 Liability

10 Indemnification

11 Feedback

12 General Provisions

1. Scope of Paleopetres Services

1.1 The Paleopetres Platform is an online vacation home rental platform that enables users “Users” to book “Accommodations”.

1.2 The Paleopetres 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 privacy practices. Paleopetres is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Paleopetres of such Third-Party Services.

1.3 Paleopetres is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Paleopetres Platform. Paleopetres may, temporarily and under consideration of the users’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Paleopetres Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Paleopetres Platform. Paleopetres may improve, enhance and modify the Paleopetres Platform and introduce new Paleopetres Services from time to time.

2. Eligibility

In order to access and use the Paleopetres Platform or make a booking you must be an individual at least 18 years old.

3. Modification of these Terms

Paleopetres reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Paleopetres Platform and update the “Last Updated” date at the top of these Terms.

4. Content

4.1 The Paleopetres Platform and Paleopetres Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Europe and other countries. You acknowledge and agree that the Paleopetres Platform and Paleopetres Content, including all associated intellectual property rights, are the exclusive property of Paleopetres. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Paleopetres Platform and Paleopetres Content.

4.2 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Paleopetres Platform or Collective Content, except to the extent you are the legal owner of certain user Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Paleopetres.

5. Terms

5.1 Terms applicable to all bookings

5.1.1 Subject to meeting any requirements set by Paleopetres, you can book an accommodation available on the Paleopetres Platform by following the respective booking process.

5.1.2. A completed booking form is required with a non-refundable deposit. This contract will be binding when we confirm receipt of the duly completed booking form, together with cleared funds for the full amount of the deposit.

5.1.3. Unless differently agreed, the balance must be paid not later than 10 weeks before the commencement of the holiday. Failure to pay the balance at this time will constitute cancellation by you.

5.1.4. If you are booking less than 10 weeks before departure, the full rental is payable at the moment of the reservation.

5.1.5. Receipt and banking of any deposit shall not constitute acceptance of any booking.

5.1.6. A security deposit will be required to cover the cost of any damage or breakages and the cost of any telephone and other services. Paleopetres will inform you of this by email as each individual house has its own requirements.

5.1.7. The security deposit will be payable at the same time as the final payment of the booking.

5.1.8. The deposit will be held by Paleopetres and will be returned within 10 working days of the check out date, less any deductions required by the Owner to cover the cost of damage caused to the Property or its contents during your stay.

5.1.9. All applicable fees will be presented to you prior to booking a accommodation. You agree to pay the Total Fees for any booking requested.

5.1.10. The applicable prices are confirmed at the time of the booking. All prices advertised are subject to change from time to time and without notice until acceptance of the booking confirmed by us.

5.1.11. If you book an accommodation on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor.

5.1.12. Paleopetres strongly recommends clients take out holiday insurance to protect against the risks of cancellation, medical expenses and baggage loss whilst overseas and reserves the right to refuse to accept bookings from clients who are not adequately insured against holiday risks (including the cost of the booking).

5.1.13. We expect our Guests to have consideration for other people and to behave in a manner which is polite and respectful. If in our reasonable opinion or in the reasonable opinion of any other person in authority (for example a property owner or manager, or a member of our staff), you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. This includes threatening and inappropriate behaviour, whether verbal or physical, the use of offensive language, and any action which we believe pose a risk to our staff, property owners/managers, other guests, or anyone connected with your holiday. In this situation, the person(s) concerned will be required to leave the property and cease use of any other service. We will have no further responsibility toward such person(s). No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

5.1.14. Please note, it is the laws and applicable standards of the country in which you have made a reservation which apply and not those of any other country. These laws and standards may not be the same as in your home country and may sometimes be lower. It is your responsibility to ensure that you are satisfied with the safety standards.

5.1.15. We have specified if a barbecue is available at your accommodation. Please note that often in summer, due to the hot weather, use of your barbecue may not be allowed and/or strict rules for its use may apply. The local or national government reserves the right to introduce new rulings at any time, often with little prior notice, prohibiting the use of barbecues to reduce the risk of fires. Where a barbecue is not provided, it is usually because the surroundings are considered a fire risk or inappropriate for the use of barbecues.

5.1.16. Self-catering accommodation is cleaned a minimum of once a week (including arrival day) and some accommodation may be cleaned more often. Cleaning usually consists of a sweep, mop, bathroom and kitchen tidy up (please do not leave piles of dirty dishes). Bed and bathroom linen is provided and usually laundered weekly. For your convenience some of our properties have a washing machine.

5.1.17. Please note that all walking and driving times stated are approximate estimates only. Transfer times are also approximate estimates only and do not include any waiting time.

5.1.18. Internet access and WiFi are available when stated in the relevant accommodation description details and the type of connection may vary. All properties with WiFi are able to support basic functionality such as web browsing and checking emails. There may be restrictions with the availability and speed of the service transmitted by the local provider and technical issues may cause temporary withdrawal of internet facilities. Additionally, the signal may not be available in all areas of the property. We are unable to accept responsibility for any down time or consequences of using this service and refund/compensation cannot be offered due to circumstances beyond our control such as adverse weather conditions.

5.1.19. Pool dimensions are approximate and, unless specified, are unheated. Pools are mostly freshwater but can be saltwater. Dates when pools are operational are subject to the prevailing weather conditions at the time of opening and closing and we cannot be held responsible if poor weather means the pool is opened later, or is closed earlier in the season.

5.2 Booking Accommodations

5.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by Paleopetres to enter, occupy and use the Accommodation for the duration of your stay, during which time Paleopetres (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with Paleopetres.

5.2.2. The Property is let for holiday purposes only and may not be used for any other purpose without the written consent of Paleopetres.

5.2.3. We and the Owner of the property concerned reserve the right to terminate your stay without notice if we or the Owner discover that the number of persons (adults and children) staying at the property exceeds the number stated on your confirmation invoice and you have not obtained our prior written permission for this and paid any extra associated costs. In this situation, no refunds will be made and we will have no further responsibility to you.

5.2.4. Your accommodation is reserved exclusively for the people named on your holiday confirmation/invoice and no other persons are permitted to stay at the accommodation nor can you arrange for visitors to the property for the purpose of events like parties, celebrations or other large gatherings unless this has been agreed with us in writing and appropriate payments made (if applicable). You and all members of your party also agree not to use the property for any illegal or commercial purpose, including subletting it or otherwise allowing anyone to stay in it who we have not previously accepted on your holiday confirmation/invoice. If evidence of any of this is found, then the Owner reserves the right to ask you immediately to vacate the property and forfeit the rent paid.

5.2.5. Commercial and/or editorial filming/photography is not permitted at our properties unless prior written permission has been granted. In certain cases, specific conditions may apply.

5.2.6. You accept that the decoration, furnishings and items provided with the Property may differ from that shown on the website or literature available at the time of booking, due to necessary or other changes at the discretion of the Owner.

5.2.7. You must notify us as soon as possible after arrival if the Property is damaged in any way or, throughout your stay, if any other problems or damage occur(s), so that we may take appropriate steps and, if necessary, notify the Owner.

5.2.8. Except for any damage notified to us upon arrival, all damage to the Property and any loss which, in each case, is apparent from an inspection of the Property after your departure will be your responsibility to make good at your cost and you agree to fully indemnify the Owner in this respect.

5.2.9. Any serious damage or misuse in relation either to the Property or items provided may, in Paleopetres’s discretion and with the agreement of the Owner, result in your occupation being brought to an early end.

5.2.10. Paleopetres cannot be held responsible for breakdown of mechanical equipment such as pumps, boilers, etc., nor for failure of public utilities (such as water and electricity).

5.2.11. Paleopetres is not responsible for noise or disturbance originating beyond the boundaries of the accommodation or which is beyond our control.

5.2.12. Check-in time is after 4pm on the date of your arrival (if you arrive much later than the arrival time we would ask you to inform us in time). Please note that these times can be adjusted with prior arrangement.

5.2.13. You agree to leave the Accommodation no later than the check-out time (normally 10 am) or other time agreed upon. If you stay past the agreed upon checkout time without the Company’s consent (“Overstay”), you no longer have a licence to stay in the Accommodation and Paleopetres is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly accommodation Fee originally paid by you to cover the inconvenience suffered by Paleopetres, plus all applicable legal expenses incurred to make you leave (collectively, “Overstay Fees“). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by Paleopetres as a result of such Overstay. If you Overstay at an Accommodation, you authorise Paleopetres to charge you to collect Overstay Fees.

5.2.14 The Property Owner or his/her representative shall be allowed access to the accommodation at any reasonable time during any holiday occupancy for the purposes of inspection and maintenance.

5.2.15 Pets are not allowed without prior written permission of the Property Owner.

5.2.16 You agree to keep the accommodation and all furniture, fittings and effects in or on the accommodation in the same state of repair, cleanliness and condition as at the commencement of occupation, and will leave the accommodation in the same state of cleanliness and general order in which it was found. You are responsible for all damage or loss which occurs to the property or its contents during your occupation, and you are responsible for paying appropriate compensation to the Property Owner direct or to the Company as agent for the Property Owner.

5.2.17 A Security Deposit may be required for the property. This will be payable with the balance 10 weeks ahead or may be payable locally at the time of occupancy. If no loss or damage has occurred the Security Deposit will be repaid to you.

5.2.18 It is your responsibility to keep all children and adults at the Property safe, especially around water. Neither Paleopetres nor the Owner will be held responsible for any accident that might occur as a result of you not being vigilant either inside or outside the Property. Children must be supervised by a responsible adult in the swimming pool at all times.

5.2.19 The following is strictly forbidden in the property: parties, prostitution or the use of illicit drugs. If evidence of any of this is found, then the owner reserves the right to ask you immediately to vacate the property and forfeit the rent paid.

5.2.20 Whilst all of our properties are insured, it is your responsibility to ensure that the property is adequately secured at all times. This could include any time that you leave the property, spend time in the garden or pool area and when retiring for the night. Securing the property may include, as relevant: locking doors; closing and securing windows and shutters; securing valuables in a safe and setting security systems. Failure to follow these steps would result in the invalidation of your personal liability insurance and any loss of your or the property’s items would be your responsibility.

5.2.21 Some properties are located in large, often unfenced, grounds and as such your party must take great care when exploring these. The grounds may contain drops and/or uneven grounds that carry their own inherent risks and therefore children would need to be supervised.

5.2.22 Some properties have balconies and/or terraces many of which are accessed up steep, narrow or uneven staircases and may feature drops and other risks. These may not be suitable for people with limited mobility. Please take extra care when using these and ensure that children are never left unsupervised and must not be allowed to climb on any railings or walls. We and the property owner have no liability for any death or personal injury arising from the use of or connected with the terrace(s).

5.2.23 Neither we nor the Property owner can be held responsible for the presence of any animals or insects at the Property you choose.

5.2.24 Please note that the majority of our Properties are located in rural areas, where wildlife such as animals and insects are as natural a part of the landscape as the grass and the trees. It would not be particularly unusual to encounter animals, such as rodents, deer, goats or cats (stray or belonging to nearby locals), or insects such as wasps, bees, mosquitoes, flies, ants, scorpions or spiders. Insects and animals can be attracted to swimming pools, nearby streams or ponds, local vegetation and to food left out following an al fresco meal. We would urge you to keep doors and windows closed as far as practicably possible and to clear all remains of food following all (outdoor and indoor) meals. Please do not purposefully feed any local animals, it will encourage them to return and they may not be so welcome to the next guests.

5.2.25 Neither Paleopetres nor the Property Owner can be held responsible for noise or disturbance which comes from beyond the boundaries of the property or which is beyond the Owner’s control.

5.2.26 We ask that you are respectful of the local situation including any neighbours and do not make undue noise or cause disruptions which might disturb other people or wildlife during your stay.

6. Alterations and Cancellations

6.1. Alterations or cancellations by Paleopetres

In the unlikely event that it is necessary to make an alteration to or cancel the accommodation you have booked, Paleopetres will inform you of such alteration or cancellation and if requested the Company will, if possible, arrange alternative holiday accommodation of a similar type and standard and in a similar location as that originally requested by you.

6.2. Alterations or cancellations by you

6.2.1. Any cancellation (for whatever reason) by you must be notified by email at [email protected]. The effective date of cancellation will be the date on which Paleopetres receives your notification.

6.2.2. If Paleopetres receives written notification from you to cancel the holiday 10 weeks or more before its intended start date, then the Company will refund all monies paid, minus the non-refundable Deposit.

6.2.3. If Paleopetres receives written notification from you to cancel the Booking less than 10 weeks before its intended start date, you are liable to pay the full cost of the accommodation for the cancelled period. If Paleopetres is able to re-let the accommodation for the cancelled period, the balance will be returned to you, minus the non-refundable deposit.

6.2.4. For the avoidance of any doubt, please note that insurance premiums are not refundable.

6.2.5. Upon receipt of your confirmation statement, please check the details to make sure they are correct. Any corrections can be made up to 21 days from receipt of confirmation, but cannot be rectified beyond that date. If after the booking has been accepted you require us to amend it in any way, or to re invoice you, we reserve the right to charge an amendment fee of £25 per Booking Form. Paleopetres reserves the right to treat a change of property and/or Booking dates which is made at your request as a cancellation of one holiday and the booking of another.

7. Damage to Accommodations

7.1 When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the property Owner. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. Where damage is not identified until after your departure, we reserve the right to subsequently request full payment for this. If you fail to make payment when required, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs). For payments made by credit card, there will be a 5% administration fee to cover administration costs.

7.2 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to.

7.2 If you as a Guest have culpably damaged an Accommodation or any personal or other property at an Accommodation Paleopetres can seek payment from you.

8. Prohibited Activities

8.1 In connection with your use of the Paleopetres Platform, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Policies
use the Paleopetres Platform in connection with the distribution of unsolicited commercial messages (“spam”);
use, display, mirror or frame the Paleopetres Platform or Collective Content, or any individual element within the Paleopetres Platform, Paleopetres’s name, any Paleopetres trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Paleopetres Platform, without Paleopetres’s express written consent;
dilute, tarnish or otherwise harm the Paleopetres brand in any way, including registering and/or using Paleopetres or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Paleopetres domains, trademarks, taglines, promotional campaigns;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Paleopetres Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Paleopetres or any of Paleopetres’s providers or any other third party to protect the Paleopetres Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Paleopetres Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Paleopetres Platform;
violate or infringe anyone else’s rights or otherwise cause harm to anyone.

9. Liability

9.1 Paleopetres is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Paleopetres is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Paleopetres in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Paleopetres is excluded.

9.2 Neither Paleopetres (as agent for the Property Owner) nor the Property Owner shall be responsible for the death of or personal injury to any persons using the accommodation unless this results from the proven negligence of themselves or their employees.

9.3 Except where otherwise expressly stated, we regret we cannot accept liability or pay any compensation where the performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage, loss or expense as a result of “Force Majeure”. “Force Majeure” means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, volcanic eruptions, fire, flood, epidemic, closure, restriction or congestion of airports or airspace and all similar events or circumstances outside our control or the control of the supplier concerned.

If due to Force Majeure, we are obliged to alter your accommodation during your holiday, we will do our utmost to find alternative accommodation of a similar size and standard as your booked villa or hotel. However, due to events or circumstances outside of our control, this may not always be possible, nor can we guarantee exactly the same area or location. Paleopetres cannot, therefore, be held responsible or make compensation payments for any shortfall in standards or expectations as a result of Force Majeure.

9.4. Paleopetres cannot be held responsible for breakdown of mechanical equipment such as pumps, boilers, etc. nor for failure of public utilities such as water and electricity.

9.5 Neither the Company nor the Property Owner is responsible for noise or disturbance originating beyond the boundaries of the accommodation or which is beyond the control of the Company and/or the Property Owner.

10. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Paleopetres’s option), indemnify, and hold Paleopetres and our 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 (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Paleopetres Platform or any Paleopetres Services, (iii) your interaction with any user, stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

11. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Paleopetres Platform. You may submit Feedback by emailing us, through the “Contact” section of the Paleopetres Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

12. General Provisions

12.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Paleopetres and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Paleopetres and you in relation to the access to and use of the Paleopetres Platform.

12.2 No joint venture, partnership, employment, or agency relationship exists between you and Paleopetres as a result of this Agreement or your use of the Paleopetres Platform.

12.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

12.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

12.5 Paleopetres’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.

12.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Paleopetres’s prior written consent. Paleopetres may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

12.7 Unless specified otherwise, any notices or other communications to users permitted or required under this Agreement, will be provided electronically and given by Paleopetres via email, Paleopetres Platform.

12.8 If you have any questions about these Terms please email us.