1. Terms of Service
By using this Site, or mobile Application, you agree to comply with and be legally bound by these Terms of Service, whether or not you become a registered user or not. These Terms constitute a binding legal agreement between you and Travelusive.
If you do not agree to these Terms, you have no right to continue using the Site, or mobile Application neither to do any financial transaction or other deal/agreement within our Site or mobile Application . Failure to comply with these Terms may subject you to legal penalties.
YOU UNDERSTAND AND AGREE THAT TRAVELUSIVE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOTELS AND GUESTS. TRAVELUSIVE HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, OR MOBILE APPLICATION, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON TRAVELUSIVE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH TRAVELUSIVE IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF TRAVELUSIVE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF TRAVELUSIVE. TRAVELUSIVE IS NOT RESPONSIBLE FOR, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF TRAVELUSIVE, INCLUDING BY INAPPROPRIATELY USING ANY TRAVELUSIVE INTELLECTUAL PROPERTY.
If you agree to these Terms on behalf of a company or other legal entity, you declare that you have the authority to bind that company or other legal entity to these Terms and, in such event, «you» and «your» will refer and apply to that company or other legal entity.
Travelusive reserves the right, to modify the Site or mobile Application or to modify these Terms, including the Service Fees, at any time and without prior notice. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site or mobile Application.
By accessing or using the Site or mobile Application you represent and warrant that you are 18 or older.
4. Accommodation Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the physical address and features of the Accommodation plus pricing. Other Members will be able to book your Accommodation via the Site or mobile Application. You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Please note that Travelusive assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Travelusive reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
If you are a Host, you understand and agree that Travelusive does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Travelusive is not a party to it.
5. Bookings and Financial Term
- Bookings and Financial Terms for GuestsThe Hosts, not Travelusive, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site or mobile Application. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not Travelusive, will be responsible for performing the obligations of any such agreements, that Travelusive is not a party to such agreements, and that, with the exception of Travelusive Payments’ obligations pursuant to the Payments Terms, Travelusive (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements..Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
- Service Fees and Other FeesIn consideration for the use of Travelusive’s online marketplace and platform, Travelusive charges Service Fees. Travelusive Payments collects these Service Fees.
- Cancellations and RefundsIf, as a Guest, you wish to cancel a confirmed booking made via the Site or mobile Application, after having been accepted by a Hotel, the initial 10% Guest Fee paid to Travelusive is non-refundable regardless of the cancellation policy selected by the Host.If, as a Guest, you wish to cancel a confirmed booking made via the Site or mobile Application, after having been accepted by a Hotel, the initial 10% Guest Fee paid to Travelusive is non-refundable regardless of the cancellation policy selected by the Host.You can only cancel a booking 24 before check-in date. Otherwise the entire fee will be withdrawn from your credit card.If you cancel a booking offer before any Hotel has had the chance to accept it, then no amount will be charged to your credit card.If, as a Host, you cancel a confirmed booking, you agree that Travelusive may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) imposing a cancellation fee equal to double the amount of the offer you have accepted.
6. Damage to Accommodations and Security Deposits
As a Guest, you acknowledge and agree that, 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, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
If a Host makes a Damage Claim for a confirmed booking of an Accommodation, you as a Guest will be notified of any Damage Claim and given forty eight (48) hours to respond. Thereafter, Travelusive (via Travelusive Payments) will collect any such costs from you and/or against the Security Deposit. Travelusive also reserves the right to otherwise collect payment from you and pursue any avenues available to Travelusive.
7. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- – Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- – Dilute, tarnish or otherwise harm the Travelusive brand in any way, including through unauthorized use of Collective Content, registering and/or using Travelusive 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 Travelusive domains, trademarks, taglines, promotional campaigns or Collective Content
- – Copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- – Use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email («spam») or advertisements unrelated to lodging in a private residence;
- – Register for more than one Travelusive Account or register for an Travelusive Account on behalf of an individual other than yourself;
- – Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- – Use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Travelusive’s provision of the Services or for any other reasons;
- – As a Host, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
- – Systematically retrieve data or other content from our Site or mobile Application to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- – Use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Travelusive’s name, any Travelusive trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Travelusive’s express written consent;
You agree to release, defend, indemnify, and hold Travelusive and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Accommodation; and (e) your participation in the Referral Program or your accrual of any Travelusive Travel Credits.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Greece and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names and any other proprietary designations of Travelusive used herein are trademarks or registered trademarks of Travelusive.
11. Application License
Travelusive grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.
12. Travelusive Content and Member Content License
Travelusive grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Travelusive Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except 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 Travelusive or its licensors, except for the licenses and rights expressly granted in these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or mobile Application («Feedback»). You may submit Feedback by emailing us, through the «Contact» section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Travelusive and you hereby agree to irrevocably assign to Travelusive all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
15. Suspension, Termination and Travelusive Account Cancellation
We may, in our discretion and without liability to you, with or without cause, or prior notice and at any time, decide to limit, suspend, deactivate or cancel your Travelusive Account. If we exercise our discretion to do so, any or all of the following can occur: (a) your Travelusive Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Travelusive Account, your Member Content, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, (e) we may contact your Guests to inform them about potential alternate Accommodations with other Hosts that may be available on the Site or mobile Application, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled. You may cancel your Travelusive Account at any time via the «Cancel Account» feature of the Services or by sending us an email. Please note that if your Travelusive Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site or mobile Application, including, but not limited to, any reviews or Feedback.
16. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, your listing or booking of any accommodations via the site, application and services, your participation in the referral program, and any contact you have with other users of travelusive whether in person or online remains with you. Neither travelusive nor any other party involved in creating, producing, or delivering the site, application, services, collective content or the referral program will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, application, services or collective content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, application, services, or your participation in the referral program or from your listing or booking of any accommodation via the site, application and services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not travelusive has been informed of the possibility of such damage.
17. Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the Greek Law.
18. Dispute Resolution
You and Travelusive agree that any dispute or claim arising out of these Terms, or to the use of the Site or Application, will be initially settled by binding arbitration. After that, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The failure of Travelusive to enforce any right or provision of these Terms will not constitute a waiver of future claim. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.