Guest Terms and conditions

1. Introduction 

1.1 The Guest T&C’s are a binding contract between Hemera house platform  Vacation Rentals Co(from now “HH”) and the Guest .

HH provides an on-line platform and various tools, services, and functions available through its platform  which enable property owners and property managers to list their property and enabling Guests to select properties and interact with property owners and property managers listing their property (together the “Services”). Booking payments conducted through the Site (the “Payment Services”) are handled by third party payment providers..

1.2 These terms and conditions (the “Guest T&Cs”) govern the relationship between HH and any individual using or accessing the Site and any of the content or services available through it as a guest or potential guest, and who is not using it in his/her/its capacity as a property owner or property manager (each, a “Guest” or “you”). Guests include people who use the Site to access information about and to book properties, whether for business or leisure purposes, from property owners or property managers. Bookings of holiday rental properties through the Site are governed by these Guest T&C’s, whereas bookings of hotel rooms through the Site are governed by Hemera house partners solutions.

1.3 A Guest’s use of the Services on a Site is governed by the HH terms and conditions on the Site through which the booking is finalised (and not necessarily the Site on which the Property was originally listed). If there are any conflicts between the terms and conditions of the Site you found the Property on and the terms and conditions of the Site you finalise a booking through, the HH terms and conditions of the Site where the booking is finalised will govern and prevail. If you do not fully agree to the Guest T&Cs, you are not authorised to access or otherwise use the Site.

1.4 HH does not authorise anyone to register with this Site unless they are able to enter into legally binding contracts. As a consequence, the Services may only be used by persons aged 18 and over.

1.5 Some sections or functionality of the Site may be restricted to those Guests who have created an account with us and are logged into that account. HH may allow Guests to use compatible third party authentication providers to log in or register on HH, rather than using an email and password. Regardless of how Guest logs in, Guest is responsible for all activities that take place under its account and must safeguard the account password. Guest will immediately notify HH of any unauthorized use of Guest’s account.

1.6 HH may revise these Guest T&Cs from time to time for reasons such as a technical development, a change in business operations, new or amended or discontinued products or features, or due to a change in applicable laws. You should visit this page periodically to view the most current Guest T&Cs because they are binding on you.

1.7 HH may ask you to provide it with personal information directly. For example, HH may ask you to provide your contact details such as full name, telephone number and email address, in order to enable certain functionality, like your Property booking. For more information about the personal data we collect and your rights, please read our Privacy Policy and Cookie Policy. If you have provided your phone number, note that, according to your local regulations, you may have a right to register on an opposition list. For example in GREECE, you can register in the special register or CTPS Do-Not-Call lists  (low article 11 L3471/2006 ).

2. The Basics

2.1 This Site is a place where Guests can view listings of, and obtain information about, properties offered for rent (“Properties”) by others, including property owners, lessees and managers, (each, a “Host” and collectively with a Guest, the “users”). We may also offer other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions with each other.

2.2 The Site acts only as a venue for users to interact with each other. Rental contracts are concluded only between the Guest and the Host. HH is not, and does not become, a party to any contractual relationship between the Guest and the Host and in its webhosting status it is not obliged to mediate between the Guest and the Host in the event of any dispute arising between them. You acknowledge and agree that the Guest and the Host will be responsible for performing the obligations of any such agreements, between the Guest and the Host, that HH is not a party to such agreements, is not acting as an agent on behalf of Hosts and disclaims all liability arising from any such agreements even if the Site facilitates a booking for a Property or the use of other tools, services or products, as HH is not a party to any rental or other agreement between Guests and Hosts, and the Hosts are not considered as HH’s service providers.

2.3 Hosts may be either individual property owners acting on a consumer to consumer basis, or property managers operating on a business to consumer basis. If you enter into a rental agreement with an individual property owner on a consumer to consumer basis, please be aware that consumer law will not apply in relation to your contract with the individual property owner. The Host is solely responsible for determining whether or not they are operating as a consumer or a business and for any representations they make to Guests with respect to their status.

2.4 Guests are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into either on the Site or in connection with their use of the Site. Guests should please note that Hosts are responsible for and agree to abide by all laws, rules and regulations applicable to the listing and rental of their Property and to the conduct of their rental property business. Please be aware that, even though we are not a party to any rental transaction and, to the extent permitted by law, assume no liability for legal or regulatory compliance pertaining to any Property Listed on the Site, there may be circumstances where we are nevertheless obligated to provide information relating to any listing in order to comply with governmental or regulatory bodies investigations, litigation or administrative proceedings.

2.5 There is no any service fee or any other  charge to Guests from HH for reservation  .

2.6 The Site is made up of Property Listings provided by Hosts and content from other third parties. Such content is the responsibility of the Host or third party creator of the content. To the extent permitted by law, we have no responsibility for such content as we are merely providing access to the content as a service to you and providing you with the facility to communicate directly with the Host to enquire about a Property and make bookings with the Host for the rental of such Property. All bookings you make are made directly with the Host and your contract will be only with the Host. Any such contract will govern your right to occupy and use the Property and may contain obligations to pay additional fees and taxes. Vrbo is not a party to any such contract and, to the extent permitted by law, Vrbo has no liability to you for the Host’s provision of the Property. In our webhosting status, we do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information in the Listings on the Site or any opinions/content posted by third parties. Further to clause 10, and in application of the webhosting status, Vrbo will remove the content if it becomes aware or is put on notice that the content is illegal.

3. Property Listings and Interaction with Hosts

3.1 Please note that Hosts are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated.

3.2 If a Guest finds a Property of interest, an information request can be sent to the Host (an “Enquiry” or “Enquiries”). We may offer different email newsletters from time to time intended to enhance the services we offer. Guests have the choice whether or not to receive marketing email communications from HH, and may cancel their subscription to these email newsletters at any time through the  unscribe mail list , although it may take a short while for the changes in preferences to become effective.

3.3 The Guest will receive a confirmation from HH once an Enquiry has been sent to the Host.

3.4 The Host may then communicate with the Guest directly in connection with the Enquiry and Guests and Hosts may also communicate with each other via the Site .

3.5 Where a Host has enabled online bookings, Guest will be able to make a booking online, which shall be approved or declined by the Host within 24 hours, except in the case where the Host has authorized instant booking. For online payment, a Guest whose booking was confirmed by the Host will be able to pay with their credit card or other alternative forms of payment where available through the checkout.  Online credit card payments are processed through the payments gateway offered by either (1) our third party payment providers; (2) HH Payments (supported by a third party payment service provider); or (3) in the case of some integrated Hosts, by their own third party payment providers.

The online payment service is subject to the terms and conditions of the third party payment providers and HH has no control over or any responsibility for this service.

3.6 Hosts who accept credit card, banking or other payment information from Guests have provided undertakings to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.

3.7 At the Communications between Guests and Hosts using the HH Platform  Please be aware that any communication on the Site (or through any tools provided on the Site such as the HH Platform)  are available for review by the Guest and the Host who are a party to the communications and for viewing by HH employees and representatives in order to comply with its obligations due to its webhosting status and to monitor for educating Guests and Hosts on how to use the HH Platform correctly, identification of potential frauds, and ensuring compliance with the Guest T&Cs. HH keeps a copy of all e-mails sent and received through that service.

3.8 Hosts and Guests are solely responsible for the content of their communications between each other.

4. Ranking and Appearance in Search Results

HH cannot guarantee that any Listing will appear in any specific order in search results on a Site. Search order will fluctuate automatically depending on filters used by Guests, Guest preferences, as well as Hosts’ “Ranking” which may consist of the attributes of the property and, the quality of the experience provided. Attributes of a property are evaluated based on a variety of factors such as Guest feedback, amenities, and the location of a property. The quality of the experience is based on a variety of factors such as calendar accuracy, Host response times and booking acceptance, rate consistency, Host cancellation rate and quality stay experience.  A Listing’s search position may also be impacted by participating in the Boost program, which allows some Hosts to use ‘power-ups’ awarded under the program to improve their Listing’s search position.  If a listing is placed on a subscription basis, search results may also vary depending on the search criteria used by a particular Guest. Certain new listings may be displayed in specific slots on the first page.  HH reserves the right to apply automatically various search algorithms or to use methods to optimize Ranking results for particular Guests’ experiences and the overall marketplace. Listings distributed on any non-HH branded sites are not guaranteed to display on such sites in any particular order or at all. Search results and order may appear different on HHs mobile application than they appear on its website. To optimize the search experience for both Hosts and Guests and improve the Ranking Process, HH retains the right to run occasional tests that will be limited in duration but may alter how we display Listings and search results.

5. Registration and establishing an Account

5.1 Should Guests wish to use all services available to them on the Site, they must register with the Site. HH does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts. As a result of successfully completing the registration process, the Guest obtains a user account for the Site (an “Account”).

5.2 To obtain an Account, a Guest must follow all the instructions given by HH during the registration process. A Guest can sign up for an Account using a personal email address or alternatively can sign up using the email address and name used for those third party authentication providers compatible with HH registration.

5.3 The Guest’s Account includes information which may be made publicly available to other users of the Site. An Account includes, amongst other things:

• a dedicated page, known as “My profile” page, on which the Guest’s profile name will be listed as a mandatory field. Other personal and travel information are optional, at the discretion of the Guest;
• the ability to create a trip board for saving, organizing and sharing property information;
• the ability to place reviews of rented Properties;
• the ability to link Guest’s third-party authentication providers account. By logging in or linking an Account with such third party authentication providers, the Guest agrees to transfer their email address and name used by such third party authentication providers; and
• a link to Host Reviews (as defined below).

5.4 Tax regulations may require us to collect appropriate Tax information from Guests. Guest is responsible to ensure all information provided is accurate, complete and kept up-to-date.

5.5 Guests can deactivate their Account at any time and they can also unlink their Account and public page from such third party authentication providers at any time. Guests can unlink their Accounts by going directly to their Guests profile settings page. You understand and accept that even if you deactivate your Account data could be retained by HH . You also understand and accept that data relating to your transactions with HH could have been transmitted to and remain on other sites, for example Google if Google search engine technology has copied content from Vrbo Group’s sites or systems. For further information about your privacy rights (such as deletion or access), please see our Privacy Policy.

5.6 HH also uses Google Analytics to gather statistics on Site usage. There are more details in the Privacy Policy and Cookie Policy and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. You understand and accept that the Vrbo Group has no control over Google’s data collection.

6. Rights and obligations of Hemera House
   

6.1 HH will endeavour to reproduce accurately on the Site any photographs supplied by Host. However, Guest acknowledges that Hosts and not HH (to the extent permitted by law) are responsible for the accuracy with which the photos and descriptions depict the relevant Property.

6.2 User verification on the Internet is difficult and we cannot, and do not assume any responsibility for the confirmation of each user’s purported identity. We encourage Guests and Hosts to communicate directly with each other through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage Guests to take other reasonable measures to assure yourself of the Hosts identity and of the property and relevant details of your booking or proposed booking. You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorised users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorised person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorised person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorised access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed and that HH will have no liability to you in any such event.

6.3 You acknowledge that HH is not responsible for checking the identity, or for the behaviour, of Hosts or for establishing the nature, condition or existence of a Property.

6.4 HH may where necessary (including to prevent fraudulent behaviour of a third party and in the event of a complaint, claim or potential litigation) disclose a proportionate portion of Guest`s personal information to any relevant Third Party who has requested such information in formal writing via his legal representative, a competent authority, or through a court order, subpoena, or warrant.

7. Intellectual Property

7.1 All content that appears on the Site 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.

7.2 To the extent that Guests’ reviews or other content may contain trademarks or other proprietary names or marks, Guests undertake that they have the right to use such names or marks.

8. Guests’ Accounts, Communications and Reviews

8.1 Guests must provide only accurate and truthful information concerning their identity, including country of residence, in their Accounts and profile pages, and any other communications on the Site, including reviews of Properties.

8.2 Messages sent via HH’s systems should only relate to genuine booking Enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse HH’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user.

8.3 Guests who have booked through the Site may post their reviews of Hosts’ Properties (“Guest Reviews”) on the Site .The HH otherwise expressly disclaims any liability for any Guest or Host Review, subject to its obligations pursuant to its webhosting status (for instance, deletion of content notified as being illegal). Guest acknowledges and agrees HH may make such Host Review available to other Hosts who the Guest contacts through the Site

8.4 Please note that HH does not, and realistically does not have the ability to verify the accuracy or otherwise of Guest Reviews, Host Responses or Host Reviews.

8.5 HH does not generally conduct identity checks. If Guests suspect that the Host has supplied false information, they are invited to notify HH through the Conduct us page

9. Prohibitions

The Guest ang the host shall not directly or indirectly:

• 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;
• monitor content on the Site or HH’s Platform or systems 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 adverts for properties available for booking, or any subset of the same or which is in the business of providing services that compete with the HH) 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 HH’s robots.txt file;
• 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;
• 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;
• upload or send to the Site any contents or programs, which on account of their size or nature, might damage HH computers or networks;
• include content on the Site  that breaches any applicable criminal or other laws, or encourages any such breach;
• use or access the Site or HH’s Platform or systems 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);
• 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;
• post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material,

If our automated fraud detection systems detect that your booking or account shows signs of fraud, abuse or suspicious activity, HH may cancel any bookings associated with your name, email address or account, and close any associated accounts.

10. Notifications of Infringement of Intellectual Property

10.1 HH respects the intellectual property rights of others and expects Guests to do the same. HH has and enforces a policy of not permitting users to post any materials that infringe the copyrights or trademark rights of others, and under appropriate circumstances HH will terminate the account of subscribers and account holders who are repeat infringers. Repeat postings of infringing material are cause for termination of service.

11. Liability of Hemera house

11.1 The Site is merely a venue allowing you to view Properties listed on the Site, communicate with Hosts in respect of any queries or questions you may have, or to make a booking with a Host for the rental of a Property. To the extent permitted by law we accept no liability in relation to any contract you enter into with a Host or for any Property you book, except to the extent that we collect tax information and/or Stay taxes on the Host’s behalf, nor do we, to the extent permitted by law, accept liability for the acts or omissions of any Hosts or other person(s) or party(ies) connected with the Property. For all Properties, your contract will be with the Host and their terms and conditions will apply to your booking. These terms and conditions may limit and/or exclude their liability to you and you are advised to read them carefully before making a booking.

11.2 We do not provide liability insurance protection for Hosts, property managers, or Guests; regardless of whether a user obtains insurance coverage through one of our third party providers. Guests are advised to obtain suitable travel insurance to cover their booking for the Property from a Host, including in the event they have to cancel their booking. It is the Guest’s responsibility to ensure that the insurance it purchases is adequate and appropriate for the Guest’s particular needs.

11.3 As a consumer you have certain rights (including that, for services, we will provide them using reasonable care and skill). Nothing in these Guest T&Cs will affect your legal rights.

12. Miscellaneous

12.1 These Guest T&Cs shall be governed by the laws of Greece and subject to the non-exclusive jurisdiction of the Greek courts, without prejudice to the applicable law and jurisdiction of the courts where the Guest is resident (should the Guest be a consumer). By way of illustration, mandatory provisions of Greek Law will apply and greek courts in Thessaloniki will have jurisdiction for Guests who are residents in Greece.

12.2 HH’s failure to act with respect to a breach of these Guest T&Cs by the Guest or others does not waive HH’s right to act with respect to subsequent or similar breaches.