By using this website you automatically agree to these terms & conditions.
Article 1: Definitions
- Agent (us) = Web Consumption Limited.
- Operator of "online sharing system(s) for location-based and time-based sales of products", which includes this website and other websites.
- Provider of "offer distribution", "booking sales" and "payment collection" agency services to vendors.
- Public (you) = viewer/user of our online system(s) (including vendors and/or customers and/or possibly consumers).
- Vendor = final supplier, marketer of an offer, contractor of a booking, responsible for delivery.
- Customer = acceptor of an offer, purchaser of a booking, appointer of consumer(s)
- Consumer = end-user, a natural person using/receiving/enjoying delivery of a product
- Offer = Legally binding offer on a product bound by terms (such as time period availability, pricing, maximum number of consumers, and more) as posted online on our platform by a vendor to the public (potential customers)
- Booking = Legally binding (purchase order) agreement between the vendor of an offer and the accepting customer of that offer, according to the online posted terms of that offer, which is a promise of the vendor to deliver a product to the customer's appointed consumer(s).
- Delivery = Fulfillment by vendor of the promises set out in a booking to the customer's appointed consumers.
- Product = Access to a (part of a) resource controlled by a vendor, as posted online on our platform by a vendor using photos, details, description, location, price, and more.
Article 2: Rules & Policies
The following rules & policies are agreed between you and us, and also, for every booking in which we have acted as an agent: agreed between vendor and customer, and agreed between customer and its appointed consumer(s).
All offers on our online system(s) are as provided to us by vendors. Vendors promise you and us that they control the products they offer, they deliver according to the way they have posted those as offers and products on our online platform, and that all their online offers and products are correct and up to date, with a maximum live update delay tolerance of 2 hours during the vendor's working hours.
Bookings (offer acceptations)
It is your own responsibility to thoroughly check all terms of an offer and details of a product before paying. By paying you confirm an offer, become a customer, and enter into a binding legal agreement with the vendor of the offer, called a booking.
Vendors and customers authorize us to collect the total amount due for each booking from customers, and/or authorize us to appoint/authorize any third party we choose for collection. A deposit might be included in the total amount due to be collected from a customer before check-in, in which case we hold that deposit up to release/refund to customer after check-out.
Booking cancellations by customers
Only valid if sent by email to us directly or posted through our web interface
- Up to 2 weeks before check-in date = full refund
- Up to 1 day before check-in date = 50% refund
- No show (or cancellation during or after check-in date) = no refund
To change a booking you have to cancel and re-book (thus same rules as "booking cancellations by customers" apply)
Consumer appointing by customers
Customer may appoint consumer(s) who use/receive/enjoy delivery of the product according to the terms of the booking. Customer is liable for any damage or avoidable harm done to the product or its surroundings/neighbors by its appointed consumer(s), and anyone else that customer or consumers directly or indirectly give(s) access to the product.
Booking cancellations by vendors
Vendors cannot cancel unless they can prove they are externally forced to cancel by:
- Enforcement by local authorities (or threats thereof)
- Government or municipality
- Bank or other loan provider, holding a part of the product as collateral
- Neighbors, building management or home owners association
- Unexpected disasters (or threats thereof)
- Natural disaster (extreme weather, fire)
- Social disaster (war/terrorism/crime/vandalism)
Vendors are allowed to instantly and permanently withdraw delivery, including consumer eviction from the product, without any refund, while all booking fees remain due:
- If customer cannot show a valid ID
- If customer cannot provide a security deposit
- If customer did not pay the full balance due
- If customer violates any specific terms of the booking.
- If consumer(s) violate any specific terms of the booking (such as the maximum number of consumers for example) or show socially incorrect behavior, or disturb the state of the (surroundings of) the product.
It is the responsibility of customer that the product is free of consumer(s) at (or before) the booked check-out date & time. Holding, visiting, occupying or using a product by consumers (whether or not appointed by customer) beyond the booked check-out date & time is not allowed and results in immediate eviction of all consumers and loss of deposit for customer.
Refund of deposit
The deposit will normally be returned by us to a customer 48 hours after correct check-out, unless the customer has violated terms, such as (but not limited to): product usage beyond check-out date/time, product usage beyond maximum number of consumers, damage or avoidable harm done to product or its surroundings/neighbors by consumers.
Vendors that fail to deliver (part of) their offered/booked promises will (agree that they will) be blocked by us and/or not paid-out by us and/or fined by us and/or lose all rights to their bookings and their customers will be offered decent alternatives by us as long as availability of offers from our other vendors allows.
Article 3: Liability & Indemnification
We provide only our "offer distribution", "booking sales" and "payment collection" agency services, and have no other duties or responsibilities towards you, vendor, customer or consumer. We are only liable to you, vendor, customer or consumer for the proper execution of our specific agency services, and not for use, safety and/or operation of any product. Vendors, customers and consumers shall adhere to all mutual and local legal requirements for the use, safety and/or operation of any product. Vendor, customer and consumer, all individually and independently, indemnify us to liability for use, safety and/or operation of any product. Our relationship with vendor, customer or consumer does not imply responsibility or liability for any product.
The aforementioned disclaimers of liability are fully binding for all parties, exist in all cases, under all circumstances, in case of any alleged or proven claims that considers us liable, either (1) directly by vendor, customer or consumer, or (2) indirectly by third parties (whoever that third party may be).
In case we would not actually or legally be immune from liability then vendor would indemnify us from liability for the use, safety and/or operation of any product, on whatever grounds that liability should be allowed to exist. If under any circumstance we are to be held liable for payment of any amount relating to liability for the use, safety and/or operation of a product, then vendor shall pay all costs directly to us.
Any claim of us on vendor, customer or consumer on the basis of the above, occurs by law as soon as it is said to exist by us, without judicial intervention, and is due immediately. Deductions from payouts by us to vendor are an authorized means of payment of claims.
We and vendors cannot be held liable by customers and/or consumers for any direct or indirect damage that may arise as a consequence of the use of the product by consumer(s), including but not limited to: damages, insurance, losses because of fire, robbery or criminal behavior.
Article 4: Applicability
By using one or more services of us, you and/or vendor and/or customer and/or consumer automatically accept these Terms and Conditions. Only the most recent update of these Terms and Conditions shall be applicable. Applicability of these Terms and Conditions may also arise if legally agreed in any other way. None other than these Terms and Conditions are applicable, even if any party references any communication stating otherwise. These terms & conditions are carefully chosen for long-term use, but may be updated at any moment by us. The latest Terms & Conditions are available online at our websites, shall always apply, and shall always replace any older Terms & Conditions.
In all cases only Maltese law is applicable. Only the Maltese court has jurisdiction in the event of a conflict.
© 2014 Web Consumption Limited - Last update: 30 March 2014