1. Introduction
(a) These terms and conditions (the “Owner Ts&Cs”) govern the relationship between Sinergia UK Limited, 84 Ulleries Road, Solihull B92 8EE, United Kingdom (“Provider”) and any user of this website and of the content or services available through it (this, or the, „site“) who or which offers any property for rental through it, including owners, lessees, property managers, artwork / gallery owners and artists (collectively, “Owners”). The site www.artistria.com is owned by Provider.
(b) The Owner Ts&Cs constitute a legally binding agreement between the Provider and the Owner; each Owner who uses or accesses this site agrees to the Owner Ts&Cs.
2. Rights and obligations of the Provider
(a) This site is a place where Owners can advertise one or more holiday homes / artwork (each a “Property”) for rental to potential tenants. We refer to actual and potential tenants, artwork buyers whether of the Owner’s or other Properties, as “Clients”.
(b) The Provider is not, and does not become, party to any contractual relationship between the Client and the Owner, and does not mediate between the Client and the Owner in the event of any dispute arising between them. The site is a venue for Owners and Clients to interact. Provider facilitates this interaction and provides the booking and paying services.
(c) To place a Listing, the Owner complete the relevant form supplied by Provider and pays to the Provider the fees for the relevant Listing (“Listing Fees”).
(d) Listings are sold by the Provider for a period of 12 months.
(e) Special discounts granted for the initial Listing Term are not granted for a Renewed Listing Term.
(f) Payments to the Provider can be made by direct debit, bank transfer or credit card payment. All banking and other fees relating to a payment shall be borne by the Owner.
(g) The Provider reserves the right to decline to place any Listing that appears, in the Provider’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Owner Ts & Cs.
(h) The Provider will ensure that the booking system promptly sends a booking request to the Owner with arrival / departure dates, names and number of Trevellers.
(i) The Provider may grant special terms to Owners who have Listings offering more than 10 Properties (known as “Property Managers”).
3. Rights and obligations of the Owner
(a) The Owner agrees that the Provider has a full right to market Owner’s Property
(b) The Owner agrees that all photos, detailed descriptions of a Property are displayed on www.artistria.com
(c) The Owner agrees that the Provider handles a payment in full on behalf on the Owner.
(d) The Owner is responsible to pay all local holiday and other taxes in relation to temporary holiday stay of the Clients
(e) The Owner can rent out his/her property through other channels to his direct customers (direct booking/purchase)
(f) The Owner is obliged to notify the Provider within 48 hours of any direct booking / purchase
(g) The Owner is obliged to accept only the Clients booked through www.artistria.com once the booking / purchase is made.
(h) The Owners shall guarantee the cleanliness, tidiness and quality of the Property as described in www.artistria.com
(g) The Owners shall guarantee the quality and originality of any artwork for sale.
(h) If a complaint is raised by the Client, the Owner shall immediately act to the satisfaction of the Client or offer an alternative solution including the refund to the Client payable directly by the Owner.
(i) In the case that the Client wishes to extend his / her stay and providing the booking extension is available, the Owner shall immediately notify the Provider.
(1) The “Multi Unit Listing” service, which enables an Owner of a particular Property with multiple rental units to advertise them up to four (4) additional paid listings in a common Listing. All such units must be at the same address, and part of the same living unit.
4. Termination
In the case of the Client’s cancellation the following periods (in days prior to the arrival date) and refunds (%age of a holiday cost less the booking fee) are applicable:
– Over 60 days ………………… 100% refund
– 30 to 59 days ………………… 50%
– 15 to 29 days …………………. 25%
– Arrival day to 14 days …….. 0%
A booking fee for properties of £25 is non-refundable.
A handling fee for artwork of £15 is non-refundable.
Electronic money transfer costs of £29 for transactions at cancellation, outside of the UK are applicable.
5. Rights and obligations of the Provider
(a) Provider shall be entitled to change the layout of this site at any time during the course of a Listing Term and without prior notice on the basis the change does not deny the Owner the value of the Listing Fee paid in relation to the relevant Listing.
(b) The Provider shall use commercially reasonable efforts to ensure that Property depictions on the site are as true and accurate a representation as practicable of the photographs of their Properties that Owners have submitted to the Provider. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(c) The Provider may occasionally undertake upgrades of the site upgraded in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. The Provider will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Clients’ usage is least affected.
(d) The Provider may conduct identity checks and ask for proof to establish the existence of a Property. If the Provider – including as a result of information provided by Clients – suspects that the Owner has supplied false information , the Owner acknowledges that the Provider is entitled to carry out identity checks on the Owner or to prove the existence of a Property; if requested to do so, the Owner agrees promptly (and in any event within any period requested by the Provider) to supply to the Provider such proof of identity or of a Property’s existence as the Provider requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Ts & Cs .
(f) The Provider complies with its data protection obligations . The Owner authorises the Provider to forward the Owner’s contact details, including telephone number, to Clients in connection with a Property booking. The Provider may, for the sole purpose to prevent fraudulent behaviour of a third party, give an Owner`s phone number to a Client.
6. Copyright
(a) All content that appears on this site, and the site itself, is protected by copyright and database rights. Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(b) Owners are permitted to download, display or print individual pages of the site to evidence their agreement with the Provider . The relevant file or the relevant printout must clearly bear the text “Artistria 2013 – All Rights Reserved”.
7. Further Rights and obligations of the Owner
(a) The Owner shall submit truthful particulars about his personal identity and payment data and offer in Listings only Properties which the Owner is entitled to rent to Clients.
(b) The Owner undertakes to present the Listing, including all information concerning the Property, fully and accurately, and (i) if a translation is provided to ensure that it is carefully and correctly translated. The Owner shall not give misleading particulars about the origin of any information, include details that may conceal the true source of any information.
(c) The Owner must not misuse the site’s email or messaging system. Emails and messages, including recommendations through the “recommend to a friend” option, may be sent out only with the recipient’s consent.
(d) Owners are responsible for ensuring that their Listings do not infringe the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.
(e) The Owner shall be obliged for charging, and accounting to the relevant authorities for, taxes (including, where relevant, VAT) on the payments they receive.
(f) If the Owner is VAT registered in his country, he has to provide the Provider with his valid VAT number. This number has to be validated by VIES http://ec.europa.eu/taxation_customs/vies/ . Provider will then apply the reverse charge mechanism to the Owner. Owner shall provide his valid VAT number immediately, however no later than thirty (30) days after registration. If the VAT number is provided after thirty (30) days only, the Provider will not refund any VAT amount.
(g) The Provider reserves the right to transfer these Owner Ts & Cs, and to assign or subcontract any or all of its rights and obligations under these Owner Ts & Cs, to a third party but will not do so in such a way as to reduce any guarantees you are given to the Owner under these Owner Ts & Cs.
8. User rights to content
(a) Where an Owner submits to or transmits through the site any content of any type, including text or images, the Owner undertakes that he has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).
(b) To the extent that Owners’ Listings and other submissions may contain trademarks, Owners declare that they have the right to use them, including sublicensing rights.
(c) By submitting any form of content to the site, the Owner authorises the Provider and each of its Provider Affiliates to display and disseminate the content in connection with the performance of these Owner Ts&Cs .
9. Indemnification
Owner shall indemnify and hold Provider and each Provider Affiliate harmless against any claims by third parties brought against the Provider or any Provider Affiliate arising out of or in connection with any breach of these Owner Ts&Cs on the part of the Owner.
10. Prohibitions
The Owner shall not directly or indirectly:
a) With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
b) Monitor content on the site by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing holiday property rental services or other services that compete with the site or the Provider) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with the Provider’s robots.txt file;
c) Use the site for purposes other than those referred to in these Owner Ts & Cs;
d) Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for a property other than a Property under a valid Listing;
e) reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
f) Upload or send to the site any contents or programs, which on account of their size or nature, might damage the Provider’s computers or networks;
g) Include content on the site that breaches any applicable criminal or other laws, or encourages any such breach;
h) Use or access the site in any way that might endanger any computer system or network, including by making available any virus (for which purpose, „virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk);
i) Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered „phishing“ (whether primary, secondary or other) or that would give rise to criminal or civil liability;
j) Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
k) Refer to the Provider or any Provider Affiliate in any way that might lead someone to believe that the Owner, any Property, Listing or website is sponsored by, affiliated with, or endorsed by the Provider or any Provider Affiliate.
11. Messaging
(a) Any messages should be sent to the Provider using the contact form or by post.
(b) Notices regarding infringements of copyright must specify the following:
(i) Your address, telephone number and email
(ii) Detailed information about the content concerned (display of the image or text), including a link to the site;
(iii) A formal declaration and evidence showing that you
– Are the holder of the exclusive user right to the work;
– Have not authorised the use of the relevant material in this form.
12. The Provider’s limited liability
In no event will the Provider be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, your use of the site and/or any transaction between users, even if the Provider has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site, you do not agree with any part of these Owner Ts & Cs, then your sole and exclusive remedy against the Provider is to discontinue using the site
13. Governing Law and Entire Agreement
(a) These Owner Ts & Cs, and the relationship between the Owner and the Provider, shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts. Venue shall be London.
(b) These Owner Ts & Cs contain the entire agreement between the Provider and Owner relating to their subject matter
14. Miscellaneous provisions
(a) The Provider recommends that the Owner saves his/her own copy of these Owner Ts & Cs
(b) The invalidity of one or more provisions of these Owner Ts & Cs shall not affect the validity of the other provisions.
(c) The Provider’s failure to act with respect to a breach of these Owner Ts & Cs by the Owner or others does not waive the Provider ’s right to act with respect to subsequent or similar breaches.
(d) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Owner Ts & Cs .
Date: 25 March 2013
