Términos de servicio
Pied à Terre
Terms and Conditions
Welcome to our Site
Welcome to our Site
Pied à Terre, Inc., as well as its affiliates and subsidiaries (PàT) thank you for you interest in our products and services. Any reference in this document to “we” or “our” in this document refers to PàT.
PàT reserves the right to modify these Terms without the need to notify users of the Site in writing. We therefore recommend you check them regularly. Any change that PàT makes to these Terms will be published on the Site and the date shown under “Last update,” above, will be updated. If you disagree with the Terms published, you may cease to use the Site immediately. If you continue using the Site after the Terms are updated, you will be understood to have accepted them fully and will be bound by the contents of this document.
The Site provides an online platform through a website and/or mobile applications in order to allow various property owners and/or administrators who list on the Site (hereinafter referred to individually as “Host”) to offer that property for rental, either for vacationing, business travel and/or specific stays, either short or long term, to potential tenant(s) (hereinafter referred to individually as “Traveler” and, together with the Host, the “Users”). PàT also allows for the possibility of reserving properties online and a variety of other tools and services by which Users can communicate with each other to enter into leasing contracts and/or other transactions (hereinafter, the “Services”).
PàT neither owns nor administers nor can directly sign contracts pertaining to any property listed on its Site, because it is not party to the leasing agreement nor to any transaction between the Users. PàT merely facilitates the booking of a lease through the Site (web platform and/or mobile apps) and/or provides complementary products and services.
As a result, any potential transaction between the Users, including matters relating to the quality, condition, security or legality of the listed properties, as well as the accuracy of the content of the advertising, is the sole and exclusive responsibility of each User.
To access and use the Site or to register a User account on the Site, you must be of legal age according to the laws and regulations of the jurisdiction in which you use the Site, or you must be a legally incorporated company, organization or other entity that complies with the applicable laws on capacity to enter into contracts and conform to their terms.
Travelers agree to comply with all applicable laws, rules and/or regulations when using the Site, any tool, service or product offered therein and/or any transaction they conduct on the Site or in connection with its use.
Hosts agree to comply with all applicable laws, rules, ordinances and regulations applicable to the listing of their properties for possible leasing, including but not limited to any requirement regarding taxes, bank information, privacy, permits, zoning ordinances, security and anti-discrimination and housing laws, as the case may be. Furthermore, if Travelers are required to provide banking or any other type of payment information, the Host agrees to safeguard and protect that information appropriately according to all applicable legal and regulatory requirements. Hosts are solely responsible for ay type of fraudulent listing, postings or activities, releasing PàT of any liability.
In order to avoid incidents at travel destinations, we urge Travelers to investigate the location they wish to visit and review travel bans, warnings, announcements and notices issued by the government of each country, state, province, county, township and/or municipality before making any booking. PàT is not responsible for any conflict resulting from the regulations of a given country.
Each User who makes use of the Site must register an account (“Account”) to access and use certain functions of the Site, such as advertising or reserving a property. If you register an Account for a company or other organization, you declare and guarantee that you are legally authorized to sign binding agreements for that company and extend to us all necessary permits and licenses provided for in these Terms.
To register an Account, you must use a valid e-mail address and create a password, or you may register through certain third-party social network services like Facebook or Google.
You pledge to provide precise, current and complete information during the registry process and to keep the information on the Account up to date at all times.
Registered Users will be given a limited, non-exclusive license, revocable at PàT’s discretion, to access the Site, its content and the services it provides, for the sole purpose of advertising and/or searching for a property, researching and/or, when such is the case, purchasing any of the products or services offered on the Site, participating in an interactive area hosted on the Site in accordance with the Terms.
Furthermore, you are solely responsible for maintaining the confidentiality and security of your Account, and should not disclose your username or password to anyone else. You promise to immediately inform PàT if you become aware or have reason to suspect that your Account information has been improperly used or is threatened in some way, or in the event of unauthorized use of your Account. You will be responsible for any and all activities conducted through your Account, unless those activities have not been authorized by you and you have not acted negligently.
Any use of the Site other than for the abovementioned purposes is strictly prohibited in accordance with the Terms, unless authorized previously in writing by PàT.
PàT may, at its sole discretion, allow Users to publish, send, receive and store content, such as text, photos, audio, video and other material and information through the Site, and to access and view any content that PàT makes available on or though the Site, including proprietary PàT content and/or content licensed from or authorized by third parties, which may be protected by copyright, registered trademark or law in any country (the “Content”).
Accordingly, you accept and agree that the Site and its Content, including all of the intellectual property rights, belong exclusively to PàT and/or its licensees and assignors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated into the Site or its Content.
By sending or contributing Content to the Site, you are granting PàT a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to adapt, distribute, publicly display, reproduce, transmit, modify, edit and/or exploit; any copy, photograph or similar type of content contributed by the User, relating to our Services.
Furthermore, you grant PàT the registered copyright and possibility to protect the content contributed by the User, including images, copy and the available content of any Host listing, from unauthorized use by unrelated third parties. Similarly, you agree to help protect that material from unauthorized redistribution.
The User is solely and exclusively responsible for all Content they make available on the Site. As a result, you declare and guarantee that: (i) you are the sole and exclusive owner of all Content made available through the Site, or that you have all necessary rights, licenses, consent and waivers of responsibility to assign to PàT the rights on and to that Content, as provided for in these Terms; and (ii) neither the Content nor the publication, download, distribution, conveyance or transmission, of that Content, nor the use of that Content (in whole or in part) by PàT will violate or constitute an undue appropriation or infringement on third party patent rights, copyrights, trademarks, commercial secret, moral or other private or intellectual property rights of third parties, nor rights to privacy or personal information protection of third parties, nor will it result in the breach of any applicable law or regulation.
The User must refrain from publishing, distributing, conveying or transmitting any Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information); (ii) is defamatory, injurious, obscene, pornographer, vulgar or offensive; (iii) encourages discrimination, intolerance, racism, harassment or harm to any person or group; (iv) is violent or threatening or encourages violence of actions that may threaten another person: (v) encourages illegal activities or the consumption of illegal or harmful substances; (vi) contains unsolicited or inappropriate promotional content, advertising, political campaigns, raffles, or contests; or (vii) violates these Terms or any PàT policy. Furthermore, the Content contributed by the user must be directly related to the Site, the Services, the products or forums where the content is presented. For this reason, PàT may, without prior notice, remove or deactivate access to any User Content that PàT, at its own discretion, considers to be in violation of these Terms, of current laws, or may in some way be harmful or offensive for PàT, its Users or third parties.
The Site may contain links and indicators of other websites, resources and sponsors of the Site. Links on the Site that lead to other websites do not constitute a recommendation by PàT of any third party. PàT may supply tools that permit the interaction between the Site and other websites, but PàT is in no way responsible for third-party websites or resources and or the use of those sites which are not governed by these Terms.
We reserve the right to decline to publish on the Site or remove from the Site any content contributed by the User that does not comply with these Terms, or does not comply with any other guideline published on the Site, as determined at the sole discretion of PàT. We may also remove any content contributed by the User if we are notified of any non-compliance with these Terms. Finally, we reserve the right, without assuming any liability, to edit the content of any User in a non-substantive manner, in other words, solely for the purpose of ensuring that the content complies with the content guidelines or format requirements for providing Services to users, in order to create or improve listings (such as translation services) according to the information we have with regard to the listed property. Users will remain responsible for reviewing the content they contribute to ensure that it is accurate and not misleading.
PàT may make changes, suspend and/or discontinue any aspect of the Site at any time and without the need for prior notification to the User, including the availability of any of the Site’s functions, its database or content. Furthermore, we may impose limits on certain functions or services and/or restrict access to parts or all of the Site without the need for an notification and with no further liability.
Property listings (the “Listings”) on the Site are the sole responsibility of the Host. PàT waives any and all liability relating to the accuracy of the Listings or descriptions, or any non-compliance by the User. Hosts are solely responsible for keeping the information in the property Listing up to date on the Site, including but not limited to any and all statements about the property, its amenities, location, price and availability for a specific date or range of dates. PàT makes no guarantee that the information in the copy, content, Traveler or property reviews, record of visits, property location, suitability price, and/or availability published on the Site is accurate or current, even when Travelers have performed a search for specific dates or types of property.
Similarly, PàT may, from time to time, create new descriptions or change the location and/or geographic descriptions it uses to identify properties in the Listings and search results without the need for prior notification. However, Hosts are solely responsible for ensuring that the accuracy of the location, geographic content and other content as well as the location, or geographic descriptions, and agree to promptly correct (or contact us to correct) any inaccuracy.
Any other Listing or Content is the sole and exclusive responsibility of the User that contributed it, whether the User has contributed the Content directly or through a third-party website, and PàT therefore waives any responsibility derived from the Content and/or Listing supplied by the User. Furthermore, the user declares and guarantees that they are the owner and/or have control of all the necessary rights to present the information, including but not limited to all rights necessary to supply, publish, upload, introduce or present the contributed content. PàT reserves the right to require proof of ownership or permission, and to decline to publish the content contributed the User in the absence of such proof, or if the proof is insufficient, as determined at our sole discretion.
You accept and agree not to hold PàT responsible for the Content and/or Listing supplied by any User, including but limited to any translation.
Furthermore, you accept and agree that PàT is not a party to any rental or other transaction between Site Users, because PàT does not control them, and we do not guarantee the security of any transaction, property lease or the accuracy of any listing or other content that appears on the Site.
The use of the Site is confined expressly to the terms described herein. The license granted to Users to use the Site under these terms does not include the right to add, copy, relinquish, duplicate, sample or make any other use of the Site, nor nay right to use data extraction, robots, spiders, crawlers, scrapers or other automated means or processes to collect or extract personal data without prior written consent from PàT. As an exception to the foregoing, general internet search engines that use tools to collect information for the sole purpose of showing hyperlinks to the site are permissible provided they begin from a stable IP address or a range of IP addresses, using an easily identifiable agent.
Notwithstanding the foregoing, the following is non-exclusive list of unauthorized uses of the site, and you agree not to engage in any of these unless specifically agreed upon with PàT in advance:
- Any commercial use of the Site or any of its content by anyone other than the Hosts;
- Any use of the Site or its tools and services for the purpose of booking or seeking to rent a property other than any property listed under a valid description or under the pay-for-booking product.
- Reproducing any portion of the Site on an external website or anywhere else, including but not limited to the use of the brand or signature border around the Site, or any other framing technique to include any part of the Site or to duplicate or replicate any part of the Site;
- Creating a deep link to any part of the Site.
- Modifying, translating to any language or computer language, or creating any work derived from any Site content;
- Applying reverse engineering to any part of the Site;
- Selling, offering to sell, transfer or license any part of the Site, in any way, to a third party;
- Using the site and its booking and search functions for any use other than the listing and/or search for property rentals, asking legitimate questions of the Hosts and/or any other use expressly authorized on he Site;
- Using the Site to publish or transmit information that is false, fraudulent or misleading, including making any booking or inquiry under false pretensions, and/or engaging in any action that may be considered as identify theft, or which might result in civil or criminal liability;
- Publishing or transmitting material that is illegal, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, affected, sexually explicit, pornographic or irreverent through the Site;
- Violating, plagiarizing or infringing on the rights of PàT or third parties, including but not limited to copyrights, trademarks, patents, industrial secrets, advertising or privacy rights or any other intellectual property right; or
- Using or accessing the Site in any way that, at our complete discretion, negatively affects or may negatively affect the Site’s performance or function, or that of any other system used by PàT.
If you are aware of any activity or communication through or in connection with the Site that seems to be in violation of the abovementioned restrictions, or of any provision contained in these Terms, we ask you to contact PàT immediately to inform it of the situation.
Users who use PàT tools to use the Services understand that a confirmed property booking constitutes a limited authorization to the Traveler by the Host to access, occupy and use the property during the period of their stay, during which time the Host (only to the extent permitted by the applicable laws) reserves the right to access the property in accordance with the Terms and the agreement between the Host and the Traveler (“Booking”).
When a Booking is created, the Traveler and the Host agree on the terms and conditions established in the Contract or with any other terms that appear in the Booking process. The Booking is effective as of the date on which the user signals their acceptance with the Booking or the Contract, as the case may be. You hereby accept and agree that (i) you are fully responsible for those terms and conditions; and that (ii) any Contract used by either of the parties is used exclusively at its own risk and cost.
PàT charges a Service Fee payable by Travelers who book a property on the Site through the Booking and payment process. The Service Fee covers use of the Site, as well as User support, and is calculated as a variable percentage of the total Booking (may include additional fees, taxes, and security deposits). In accordance with the laws applicable in the jurisdiction of the Traveler and/or the host, value-added tax (VAT) may be charged in addition to the Service Fee. The total amount of the Service Fee as well as the VAT, when applicable, or any other tax, charge or service, will be disclosed to Travelers at the time of Booking, and will be collected after both the Traveler and the Host have accepted the Booking. Hosts must not encourage or persuade the Traveler to avoid or evade payment of the PàT Service Fee.
Travelers may cancel a confirmed Booking at any time according to the generic “cancellation policies” established by PàT and other rules or policies the Host may select depending on their requirements; a Booking may only be cancelled if the Host accepts the Traveler’s cancellation in keeping with the policies applicable to that booking, and PàT will refund the corresponding amount, excluding the service fee which is NOT refundable, because it covers the use of the platform for the booking and the processing of the cancellation itself. There are no additional service charges for canceling a booking.
If a Host cancels a confirmed Booking, the Traveler will receive a full refund for the fees corresponding to that Booking, less the service charge. Furthermore, PàT may publish an automatic comment on the Host’s Listing indicating that a Booking has been canceled. Furthermore, PàT reserve the right to charge the Host a cancellation fee, unless, in PàT’s estimation, the Host has a valid reason for cancelling.
Travelers and Hosts are advised to review the Cancellation Policies posted on the Site.
Hosts are solely responsible for the property and their tenants, as applicable.
Travelers are solely responsible for preserving and returning the property (including any personal property or other items located there) in the same state as it was when they arrived. You are responsible for your own actions and omissions, and also the actions and omissions of anyone you invite or allow to access the property.
The following are expressly prohibited:
- Rental of properties for parties that exceed the number of visitors accepted by the Host and which as a result may create a risk of disturbing the public order and/or affect neighbors or third parties.
- Rental of properties for commercial purposes, including but not limited to castings, recordings or filming of any kind, political or religious meetings, gatherings that may jeopardize life or health, office services, etc.
Notwithstanding the foregoing, the Traveler is obligated to respect each and every one of the rules indicated by the Host in the respective property Listing and to act in accordance with Section C of these Terms.
PàT urges all users of its platform to behave at all times in an honest, ethical and responsible manner, and to make their best efforts to ensure that all information they provide is directly faithful from its source. Nevertheless, PàT does not assume any responsibility for verifying and/or confirming the purported identity of each User. We instruct you to communicate directly with the Traveler and/or Host through the tools available on the Site, and to take all reasonable measures to ascertain the identity of the User and/or the property, and the relevant details of the booking.
You are obligated to (i) safeguard and keep strictly confidential your username and online password, both of your account with us and of your e-mail address; (ii) instruct each User to whom you provide your username and password to refrain from disclosing it to unauthorized third parties; (iii) notify PàT immediately and create a new username and password if you believe that your password, either for your account with us or for your e-mail address has been disclosed to an unauthorized third party; and (iv) immediately notify PàT if you are contacted by anyone asking you for your username and/or password.
PàT reserves the right to suspend or cancel your listing at any time, without prior notice, if we suspect, at our discretion, that you account is being used in an unauthorized or fraudulent manner.
If any content contributed by a User needs to be translated in order to appear on the Site, PàT does not guarantee the accuracy or quality of that translation, sot he User is solely responsible for reviewing, verifying and ensuring that translation is accurate.
The maps published on the Site are supplied by Google LLC, and are therefore subject to the terms and conditions of “Google Maps.”
The Host is solely responsible for determining its obligations to declare, collect, remit or include in its Listing rates value added tax and other indirect taxes applicable to rental, occupancy tax, tourist or other taxes imposed per visitor or on rent that may be applicable in the country of their residence (“Taxes”).
Applicable tax laws in each country may require PàT to compile appropriate tax information from Users, or to withhold taxes from payments to our Users, or both, depending on the laws of that country. If a User does not provide the documentation required under the applicable laws to comply with our obligation (if any) to withhold taxes on the payments made, we reserve the right to withhold the payments and taxes in the amounts required by law.
You understand that any competent governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing rates set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes," respectively.
All the software available on the Site is handled under PàT copyright, so its use is subject to these Term and/or to any additional licensing agreement that accompanies or is included with it (the “Software”).
Site Software is controlled and operated by PàT and is subject to the export controls of the United States of America. No Software available on the Site or on any other site operated by PàT may be downloaded or exported to (i) Cuba, Iraq, Libya, North Korea, Iran, Syria and/or any other country on which the United States has imposed embargoes; and/or (ii) any country of the list of Specially Designated Nationals and Blocked Persons lists of the United States Treasury Department or the US Department of Trade Table of Denial Orders. By using the Site, you declare and guarantee that you are not located in, controlled by, or a resident of any of the countries located on that list.
PàT hereby grants Users a limited, personal and non-transferable license for the use of the Software in accordance with these Terms, prohibiting any use other than those described herein.
The Software is guaranteed under the terms of the licensing agreement that accompanies that Software. Copying or reproducing any Software available on the Site is expressly prohibited.
If you choose to use the PàT site or its Content, you declare that you do so voluntarily on your own account and at your own risk. You accept that you have had the opportunity to inform yourself about PàT’s Services, the laws, rules or regulations that may apply to your Listing and/or the Services you receive, and that you are not relying on any representation of fact or law made by PàT with regard to a Listing.
You accept and agree to assume the entire risk arising out of your access to and use of the Site, the Collective Content, your publishing or booking of any Listing via the Site, or your stay at any PàT property. PàT will not be held liable for any incidental, special, exemplary or consequential damages, nor for any indemnification for damages and losses resulting from or in connection with (i) these Terms, (ii) from the use of or inability to use the Site, (iii) from any communications with other Users stemming from use of the Site, or (iv) from your publishing or booking of a Listing, including the provision or use of the Services.
Under no circumstances will PàT accept liability for any type of loss of profit or any other type of damage, whether direct, indirect, consequential, special and/or incidental, arising from or based on resulting from your use of the Site and/or any of the services or tools it contains, or from these Terms or any default on the Terms by a third party, from an interaction through the Site with a third party or with another website or social network and/or any communication and/or transaction, including but not limited to any payment (even when PàT may receive a fee in connection with it) between Users. These limitations and exclusions apply regardless of whether the damage is the result of non-compliance with a contract, a guarantee, liability, grievance, negligence or any other cause of action.
In the event you enter into any dispute with one or more users of the Site (including but not limited to any dispute between Users over any transaction or content contributed to the Site), with any third party and/or with any external website or social network with which it may be linked, and/or which interacts in any way with the Site, you hereby agree to release, defend and hold PàT, its agents, board members, directors, officers, employees and all other related parties, harmless from and against any rights, claims, lawsuits, causes of action, legal proceedings, liabilities, obligations, legal fees, costs and disbursements of any kind, known or unknown, relating to the use of the Site and the Services acquired thereby.
Accordingly, you hereby agree to release, defend and hold PàT harmless from each and every one of the liabilities and costs you may incur in connection with any claim stemming from your use of the Site and/or the Services acquired thereby (including but not limited to any transaction and/or dispute between you and any User or third party), any content published by you or by other Users of the Site, any use of the tools of the Site or service supplied by a third party, by another website or social network, and/or any breach of these Terms, including costs and legal fees. Furthermore you must cooperate to the extent reasonably required in defending PàT against any claim.
We reserve the right, at our own cost, to assume exclusive defense and control over any matter that may be subject to indemnification on your part, and you must not reach a settlement on any matter without our due written authorization.
The arbitration will be conducted under the rules of the American Arbitration Association (AAA), including the AAA Consumer Arbitration Rules (hereinafter, and as a whole, the “AAA Rules”). The AAA Rules and filing instructions can be found at www.adr.org. You may choose between a telephone arbitration, written filing, or in person in the state where you live, or in some other mutually agreed upon location.
The arbitrator will have exclusive authority to decide on the objections regarding the existence, scope or validity of the arbitration agreement or the arbitrability of any claim or counterclaim. The arbitrator’s decision may be confirmed by any court with competent jurisdiction.
Each and everyone of the procedures for Claims resolution will be conducted individually and not as a class, consolidated and/or representative action. If for any reason a Claim is brought before a court instead of to arbitration, both you and PàT waive the right to trial by court or jury.
- Applicable legislation. The use of the Site is governed by the laws and applicable regulations of the United States of America. Furthermore, properties and bookings are governed by current legislation in the jurisdiction where the property is located.
- Independent Contractor Relations. There is no relation of partnership, cooperation, labor or agency between you and PàT as a result of these Terms, nor your use of the Site or the services offered.
- Notifications. Unless otherwise specifically stated, any notification addressed to us must be made by e-mail to Pied à Terre, Inc., Attention: Legal Department, email@example.com. If PàT needs to send you a notification, it will be sent to the e-mail address you provided when you registered your Account or Booking. Notification shall be understood to have been made once it is received, or 24 hours after the e-mail is sent, unless the sender is notified that the e-mail address is invalid. Alternatively, we may notify you by certified postal mail, postage paid and with proof of receipt required, at any physical address supplied to us during the registration process, or the address that has been updated within the Account (if applicable). In these cases, notification will be understood to have been made three days after the date the mail is sent to the physical address and one day after an e-mail is sent.
- Full Agreement. These Terms represent the full agreement between you and PàT with regard to the matters established herein, and they replace any prior agreement between you and PàT regarding the use of the Site. The headings on each section of these Terms are intended solely for reference purposes and do not limit the scope or applicability of that section. In the event of any discrepancy between the Terms and other terms and conditions applicable to the product, tool or service offered in our Site, the Terms shall take precedence. If any section of the Terms is ruled invalid or unenforceable by some competent court or jurisdiction, the other provisions of the Terms shall remain fully enforceable and binding. Furthermore, any provision of the Terms that may be considered invalid or unenforceable in part or only to a certain extent, shall remain fully enforceable and binding in the portion and to the extent that it has not been found to be invalid or unenforceable.
- Assignment. PàT may assign these Terms or any other right at our sole discretion. Users must obtain our prior written consent to assign the Terms or any other right of the User, and this consent may be granted or denied by us at our sole discretion.
- Non-discrimination. PàT has a zero tolerance policy toward acts of discrimination (including but not limited to discrimination on the basis of race, ethnicity, religion, nationality, disability, gender, sexual identity or orientation), sexual harassment or violence, and we will use our discretional authority to remove any User, Traveler, Host and/or owner or administrator of properties from our Site. PàT reserves the right to execute the policy at its sole discretion in cases where it believes that the safety or property of the owner or the Travelers is at risk.
Sección B – Terms and conditions specific to Hosts
In addition to the terms established in Section A, Hosts that list on the Site must also abide by these guidelines, independently of any other terms agreed upon in connection with the Listing of a property.
Hosts must declare and stipulate that all information presented to PàT, and all information published on the Site during their registry on the Site as Host, is accurate and correct. Hosts must also promptly contact us with any notification regarding an update to information previously published on the Site.
In order to list a property on the Site, Hosts must comply with all of PàT’s Terms and the “Content” section, as well as with the following terms:
- Hosts must have a precise reservation calendar for their Listing(s) showing the availability of the property or properties.
- Hosts must make every commercially reasonable effort to respond to all Traveler booking requests within 24 hours of receiving the request;
- PàT must make every commercially responsible effort to process traveler payments between 48 and 72 hours after the Traveler’s authorization f that payment;
- Hosts must respond to and follow up on inquiries and booking requests received, always bear in mind the Traveler’s experience; and
- Hosts accept that if they cancel a booking, they may be charged a penalty or change in the rating provided by the Site, at PàT’s criteria, except for reasons of force majeure or acts of God.
The host declares and stipulates that:
- They are the owner and/or possessor of the rights and faculties necessary to offer and/or rent the property listed by that Host;
- They will not illegally withhold any amount in breach of the booking or security deposit, as the case may be;
- They will accurately describe the listed property and will, from time to time, review the content, information, location and/or geographic description of the Listing to ensure that it is precise and not misleading;
- They will not deny access to the listed property once it has been reserved in accordance with the Terms;
- They will not fail to reimburse the Traveler, when applicable, in keeping with the “Cancellation Policies” or the leasing agreement.
- They will not contact any Traveler for the purpose of securing a booking outside of the Site;
- They accept and agree that PàT does not guarantee Hosts any income whatsoever as a result of their Listing on the Site.
- They accept that they must pay PàT a service charge of 15% of the total reservation, 12% of which is charged to the Traveler and 3% to the Host.
Upon request by PàT, Hosts must promptly supply a copy of their official identification, as well as proof that the condition, location and/or amenities associated with the property are accurately described in the Listing; they must also supply PàT any documentation needed to prove that they are owner of the property listed on the Site and/or that they have the necessary faculties to list and lease the property, and to agree to these Terms. Furthermore, hosts must indicate to PàT and in the respective Listing, any applicable housing and/or lodging tax corresponding to the property’s location.
PàT cannot guarantee the specific order in which a Listing will appear within the search results on the Site. The placement or ranking of search results for a given User will depend on various factors, including the search parameters entered, the quality of the listing, the updating of the calendar, traveler preferences, booking history, online reservation capacity, compliance with listing requirements, and other factors that PàT deems important for Users’ experience on the Site, which it may define from time to time without the need for PàT to notify the Host in advance.
PàT reserves the right to apply the search algorithms needed or to use methods for optimizing results in the Listings to improve the experience of the Traveler and of Users in general.
All Content and Information supplied by Hosts is subject to review and approval by PàT at its complete discretion, so PàT may refuse to publish some Content that it deems non-compliant with these Terms. However, PàT is not obligated to review the Content and is therefore not liable for any loss or damage resulting from the design and/or positioning of the content or from any change made to it.
Additionally, the Host declares that all Content sent to PàT is in compliance with these Terms and the applicable laws of their respective country of residence.
The User agrees that the content of PàT and the Site are covered by the rights associated with the intellectual property of PàT or third party assignors. The User may not dispose of or use the platform or its content unless it is their own. PàT will not extend any right or license to the intellectual property rights of each Listing, so the Site content will be available only for accessing and viewing it. The Host must respect copyright and intellectual property laws.
PàT reserves the right to refuse to add hyperlinks to other websites owned by Hosts or third parties; and to remove those links with no notification whatsoever, at its sole discretion.
The photographic material contained in each Host’s listing must represent primarily the property to be rented. It may not include the image of any person who has not given written consent, nor may it include information or images that may violate privacy, intellectual property or copyrights or any other rights of third parties.
PàT reserves the right to refuse to publish on the Site or to remove any photograph published on it without the need to notify the Host if, at its sole discretion, it deems it noncompliant with these Terms or unacceptable to PàT.
The Host is responsible for obtaining all permits required for the use, publication and assignment of rights to photographic material and any Content used and/or published in the listings. The Host agrees to supply us proof of those rights when requested.
The Host declares and guarantees that: (i) they are the owner and/or they have the necessary authorizations to use the intellectual property and/or copyrights; (ii) that any person that appears in the photographs has given written consent to appear in an online listing on the Site; (iii) that the photograph is a precise representation of the listed property and has not ben altered in any way that might mislead the User; and (iv) in the event of any conflict or lawsuit resulting from and/or regarding each and every one of the photographs submitted, they will release and hold PàT harmless from any liability.
The Site may contain or refer to commercial brands, patents, trade secrets, technologies, products, processes or other rights owned by PàT and/or third parties. Accordingly, you accept that your registry on the Site as Host does not confer upon you any license or right to use those trademarks, patents, trade secrets, technologies, products, processes or other rights owned by PàT and/or third parties.
The name and logo of Pied a Terre Inc.® are registered trademarks owned by PàT (the “Brands”).
The Brands may not be used or exhibited without prior written consent from PàT. Furthermore, authorization to use the Brands does not in any way imply the assignment of a license by PàT to the User, because the use of the Brands is limited exclusively to its use in the publication of Listings on the Site, so no Host may modify, copy, distribute, convey, transfer or use the Rights for any use other than those authorized by PàT.
Each Listing on the Site must relate to a single and unique property. The property shown in one Listing may not be replaced by another without written authorization from PàT and at its sole discretion.
The Listings must contain an exact reproduction of the current state of the property, and may not be simply an example of the properties located in the same area.
PàT reserves the right to modify or remove any Listing that does not comply with the requirements specified in the preceding paragraph, and we may also, at our sole discretion, choose to withhold nay fee relating to the booking of the property or properties shown in those Listing(s) if they do not comply with these terms, as compensation for the violation of those conditions.
The payment method that the Host must publish in the Listing for Travelers to book their stay must be through credit or debit cards or PayPal. No Host may ask the Traveler to pay for bookings in cash or through instant wire transfer systems like Western Union or MoneyGram, among others, for reserving and/or leasing a property.
Any violation of this term or publication on the Site of the use of any payment method not permitted by PàT will be considered grounds for immediate removal of the Listing responsible, without the need for PàT to notify the Host and without the need for any reimbursement or payment whatsoever.
Furthermore, PàT is not liable for transactions that may involve a payment method that is not authorized, which lacks funds, or represents fraud by a Traveler, and accordingly, we recommend that Hosts verify each transaction with the authorized payment methods.
At times, Users’ banks may impose certain fees or charges, including but not limited to foreign transaction fees, fees for property rental, taxes, additional charges, and others, so Users are responsible for checking and ascertaining any agreement with their bank or credit card regarding those additional fees or charges.
To allow Hosts to distribute their property listing more widely, PàT may, at its sole discretion, provide the information and content of the Listings or may distribute them in a website of a third party, for advertising campaigns or for publicizing Listings or Content on PàT’s social media pages.
If, at the sole discretion of PàT, any Host publishes material inappropriate for the Site or for our database or which fails to comply with the applicable regulations or these terms and/or constitutes a misuse of the Site, PàT reserves the right to limit the Host’s use of the Site, to limit the position of their Listings in searches and/or to eliminate those Listings altogether.
Furthermore, if we become aware of or receive a complaint from some User or third party regarding a Listing or poor leasing practices by the Host (including not limited to reserving the same property for multiple Travelers on the same date, or practices which PàT, at its sole discretion, deems misleading, unfair or improper, and/or we discover or suspect that the payment service or procedures of the Host are not secure, legal or correct and/or that the content of a Listing violates the rights some other User and/or third party and/or the Host is abusive or offensive to any User, employee and/or PàT representative), PàT may immediately modify or eliminate that Listing without the need for any notification or reimbursement to the Host.
Sección C – Terms and conditions specific to Travelers.
In addition to the terms established in Section A, Travelers who use the Site must also abide by the following guidelines:
Hosts are solely responsible for any booking confirmed with the Traveler and the availability of properties reserved through the Site. If you, the Traveler, decide to book a property through the Site, you agree and understand that you are entering into a leasing agreement with the property Host, and accordingly, you agree to accept any terms, conditions, rules and restrictions associated with that property, which the Host has specified in the Listing. You accept and agree that you are solely responsible for fulfilling the obligations established in that Listing and leasing agreement, and you release PàT from any liability resulting from or related to the bookings made.
The minimum required stay for any property is one night, but there are properties that require a longer minimum stay, either for seasonal reasons, Host stipulations or other factors beyond PàT’s control. If you wish to organize a stay for more than one month, please contact us to determine whether such a stay is legally permissible, in accordance with the applicable regulations of the place where the property is located.
Travelers must abide by the general rules of each property, and must therefore refrain from: (i) subletting the property to others; (ii) using the property improperly; (ii) removing items from the property that imply some kind of loss; (iv) damaging or making modifications to the property.
The Traveler is responsible for reviewing the specific rules of the property contained in the Listing, and at the time you book the property you are understood to have agreed to be bound and abide by those rules. In the even of any noncompliance with the rules, the Host may withhold the Traveler’s Security Deposit (as defined below) at their sole discretion.
You agree to abide by the following procedure for making and confirming bookings:
- At the time you make your booking, PàT will place a hold on the total amount of that booking for up to 24 hours. If the Host then approves the availability of the property, it will charge the full amount of the booking. If within those 24 hours the Host does not confirm the Booking, the Traveler’s request will expire and no charge will be made.
- Once receipt of the initial booking payment is confirmed, PàT will send you an e-mail confirming the booking.
Travelers who use credit cards issued in certain countries may be subject to surcharges required by the local laws of a given location, so Travelers assume all costs, expenses, fees and/or taxes that may be applied to any payment or wire transfer by a company, bank or government authority participating in the transaction. After the initial booking payment is successfully processed, you will receive an e-mail from PàT confirming your booking.
PàT may charge the full amount of the booking in a single transaction at the time you make that booking, through a credit or debit card or bank transfer through a banking institution in the United States of America. Initial and total booking payments will be calculated according to our Terms in effect at the time the booking is made. Each and every one of the fees, charges, taxes and rates applicable to the total balance of the booking must be paid solely by the Traveler.
The Host is solely responsible for setting the booking price of the property, including any taxes which may apply. In certain destinations the Traveler will be charged an additional service fee, payable at the same time as the initial booking payment. Additional fees may be charged for cleaning services if expressly mentioned for each property in the respective Listing. PàT will inform you through the Site of any additional fee prior to finalizing your booking.
The Host, at their sole discretion, may impose an additional fee as a security deposit for the booking, which will be duly specified in the respective Listing.
Any extension you wish to make of a booking that has already begun is subject to availability of the property and will be treated as a new reservation. Consequently, the property may not be available for occupation and/or the price may have changed from the time you made the original booking. Unless otherwise indicated at the time you extend your booking to confirm an extension you must make the full payment for the extended period immediately.
If, for any reason, the reserved property ceases to be available for the date booked, or if some problem or defect attributable to the Host is found or occurs from the time the booking begins or during the Traveler’s stay, affecting their use and enjoyment of the property, PàT will notify the Traveler of those situations and will make every commercially reasonable effort to provide an alternative property for the dates requested, with similar amenities, at the same price, until the problem or defect in the initially booked property is resolved or the reservation has ended, whichever occurs first. If PàT cannot locate an appropriate and similar property, we will inform the Traveler in detail about the alternatives available and how they differ from the booked property regarding amenities and price.
If the Traveler is not satisfied with the choice of property offered by PàT as indicated in the preceding paragraph, they may choose to: (a) cancel the booking and receive full reimbursement of the initial booking payment, less service charges, if the unavailability, problem or defect was discovered before or at the time of check-in (in accordance with cancellation policies); or (b) receive a refund proportional to the duration of the unused booking period if the problem or defect in the property is discovered during the Traveler’s stay.
Neither PàT nor the Host are obligated to relocate Travelers, refund booking payments and/or cancel reservations in response to requests or complaints regarding matters beyond the control of the Host and/or PàT, which are unrelated to the property, or which arise due to force majeure or acts of God, including but not limited to general street sounds or any disturbance caused by construction, maintenance or repair (whether in the property itself or nearby), the temporary malfunction of elevators, maintenance or repairs to common areas ordered by building administration, repairs to neighboring properties, interruptions of Internet or other services caused by factors beyond the control of the Host and/or any similar event that affects the Traveler’s stay but which is beyond the control of PàT and/or the Host.
Notwithstanding the foregoing, PàT will make every commercially reasonable effort to resolve or minimize the situation indicated by the Traveler; however, PàT cannot guarantee that the eventual resolution of that situation will not increase expenses for the Traveler, including higher booking payments and/or other expenses, payable by the Traveler. In the event that because of these circumstances the Traveler wishes to cancel their reservation, they must abide by the terms of our cancellation policies.