Terms & Bedingungen

Effective date: August 13, 2020 Print page

These terms of service (hereinafter referred to as the Terms)form the agreement (hereinafter referred to as the Agreement), between you and the VAUBOO OÜ (hereinafter separately referred to as the Party and collectively as the Parties), being binding and regulating your use of the Vauboo Platform and receipt of appropriate services through it.

Vauboo services

1.1. The Vauboo Platform is an online platform located in the Internet at: https://www.vauboo.com/, which allows the registered users (Users) such as owners, of the one part, to publish announcements with the offer of accommodation services (Services) in the rooms at the Vauboo Platform (Announcements), and to communicate and carry out operations directly with other Users willing to book these Owner’s Services (Users using the Owner’s Services are hereinafter referred to as the Guests). The Owner’s Services may include leasing out the accommodation spaces or other premises (Accommodation).

1.2. The Vauboo provides the Vauboo Platform and does not own, create, sell, resell, control, offer, provide or ensure any Owner's Services and does not manage them, and the Vauboo does not organize any trips or sell tourist packages or any other tourist services. The Owner is solely liable for his/her/its Announcements and Services. Accepting or creating the booking, the Users (Owner and Guests) directly enter into Contractual relations with each other. The Vauboo is not a party or any other participant of any Contractual relations between the Users, and is not a real estate agent or an insurer.

1.3. The Vauboo does not control over or guarantee (i) the existence, quality, safety, correspondence or legality of any Announcements or Services of the Owner, (ii) faithfulness or accuracy of the Accommodation descriptions or any other Owner's information as well as (iii) actions or behavior of the Users or third parties. The Vauboo does not recommend any Users, Announcements or Services of the Owners.

1.4. Due to the nature of the Internet, the Vauboo cannot guarantee the continued and uninterrupted availability of the Vauboo Platform. The Vauboo can restrict the access to the Vauboo Platform, its sections or functions, if it will be necessary for the maintenance of proper throughput capacity, safety or integrity of its servers, as well as for the performance of technical measures ensuring the proper or enhanced operation of the Vauboo Platform. The Vauboo can enhance, extend and modify the Vauboo Platform and introduce new Vauboo services.

Change in the present conditions

2.1. The Vauboo reserves the right to make changes in the present Conditions at any time in accordance with the present provision. In the event of making changes in the present Terms, the updated terms shall be published at the Vauboo Platform stating the date of the last update in the upper part of the first page of the terms. The Vauboo shall notify you of the changes made by email no less than thirty (30) days before the changes come into effect. In case of disagreement with the updated Terms, you can terminate the present Agreement with the immediate coming into effect. The Vauboo shall inform you on the right to refuse and terminate the Agreement in the notice sent by email. By not terminating the Agreement prior to the effective date of the changes and continuing to use the Vauboo Platform, you thereby confirm the acceptance of the updated Terms and undertake to comply with them.

Account registration

3.1. In order to use certain functions of the Vauboo Platform, in particular to book the Accommodation, it is necessary to register the account (the Vauboo Account). In case of registration of the Vauboo Account on behalf of an organization, a company or any other legal entity, you guarantee that you have the powers to undertake obligations on behalf of this company or the legal entity and grant the Vauboo all permits and licenses provided for by the present Conditions. When creating the account, by checking the box at the Vauboo Platform you confirm that you have read, understood and accepted these Terms of Service and the Confidentiality Policy. You cannot complete the creation of the Account at the Vauboo Platform without confirmation of acceptance of the Terms and the Confidentiality Policy.

3.2. You are obliged to provide the accurate, actual and complete information during the registration and always maintain the relevance of the information of your Vauboo Account.

3.3. You cannot register more than one (1) Vauboo Account without the Vauboo’s consent. You shall have no right to assign or otherwise transfer your Vauboo Account to the third parties.

3.4. You shall be absolutely liable for the maintenance of confidentiality and preservation of the account data of your Vauboo Account and cannot disclose your account data to any third parties. You are obliged to immediately notify the Vauboo if you become aware of or have reason to believe that your account data have been lost, stolen, misappropriated or otherwise compromised, as well as in the event of unauthorized use of your Vauboo Account or suspicion of such use. You are responsible for all actions carried out through your Vauboo Account, except for cases when such actions were not authorized by you and are not the result of your negligence.

Information and content

4.1. The Vauboo provides you with the ability to (i) create, upload, send, receive and store content, in particular texts, photographs and other materials or information on the Vauboo Platform using the Vauboo Account functionality (User's Content); (ii) view the content of other users, as well as any content that the Vauboo independently posts at or through the Vauboo Platform, including the Vauboo's own content, as well as the content provided by the Vauboo under a license or authorized for use by the Vauboo.

4.2. You agree that the Vauboo Platform and all its content except from the User's Content, including all related rights and intellectual property shall exclusively belong to the Vauboo and/or its licensees or third parties. You shall have no right to delete, change or conceal the copyright, trademark or other protected right notices being the part of the Vauboo Platform or related to them. Any trademarks, service marks, logos, trade names and any other protected designations of the third parties used at the Vauboo Platform or related to them shall only be used for the purpose of identification and can be the ownership of appropriate persons.

4.3. You have no right to copy, adapt, change, distribute, sell, assign, publicly demonstrate, publicly perform, transmit, transfer or otherwise use the Vauboo Platform or its content which is not owned by you and to which you have no rights and to develop derivative works on their basis and grant licenses to them, excluding any methods clearly provided for by the present Terms. None licenses or rights are provided to you indirectly or otherwise in accordance with the intellectual property rights owned by the Vauboo or its licensees, except from the licenses and rights specifically provided for by the present Terms.

4.4. In the event that you comply with the present Terms, the Vauboo shall provide you with the limited, non-exclusive or non-sublicensible revocable and non-transferable license (i) to use the Vauboo Platform at the personal devices; (ii) to have access and review any content provided at the Vauboo Platform or through it, to which you have access, exclusively for the personal and non-commercial use.

4.5. By creating, uploading, posting, sending, receiving, storing or otherwise providing access to any User’s Content at the Vauboo Platform or through it, you grant the Vauboo the non-exclusive, worldwide, royalty-free, perpetual (or for the term of protection provision) irrevocable sublisencible license to the review, storage, copying, adaptation, change, distribution, publication, transmission, transfer and use of this User’s Content by any method in order to promote the Vauboo Platform on any media or platforms as well as to create the derivative works on its basis. To the extent that the User's Content includes personal information, such Content will only be used for the specified purposes if such use is consistent with the applicable data protection laws and the Vauboo’s Confidentiality Policy. The Vauboo does not claim any ownership rights to the User's Content, and nothing in these Terms should be construed as limiting any your rights to use its content.

4.6. You shall be solely responsible for all User’s Content that you post on the Vauboo Platform. Accordingly, you do hereby declare and guarantee that: (i) you are either the sole and exclusive owner of the whole User’s Content being posted at the Vauboo Platform or have all rights, licenses, consents and permit necessary for granting the Vauboo the rights to the present User’s Content as provided by the present Terms; (ii) neither the User’s Content itself nor its posting, upload, publication, provision or delivery or the use of the User’s Content or its part as provided by the present Terms, the Vauboo does not violate any patent rights or copyright of the third parties, rights to trademarks, commercial secrecy, moral or other ownership rights or intellectual property rights as well as the rights to publicity or confidentiality and does not lead to the violation of any applicable law or rule.

4.7. You undertake not to publish, upload, post or deliver the User’s Content which: (i) is falsified, false, misleading (directly or by providing incomplete or outdated information) or misinforming; (ii) is defamatory, degrading, offensive, pornographic or obscene; (iii) promotes discrimination, intolerance, racism, hatred, aggression or harm to any person or group of persons; (iv) promotes violence and cruelty, contains threats or encourages violence against any person or animal; (v) advertises illegal or harmful activity or substances; (vi) violates other Vauboo rules that have been accepted by you. The Vauboo may delete any User's Content without any previous notice or block access to any User's Content which, in the Vauboo’s opinion, violates the applicable laws, these Terms or effective Terms or can otherwise harm the Vauboo and its Users, third parties or the property.

Accommodation booking, booking modification, cancellation and return.

5.1. Confirmation of the selected Accommodation booking shall be performed upon agreement between the Owner and the Guest at the Vauboo Platform by the bidding cost of the Accommodation for the period of accommodation. When the Guest carries out the booking at the Vauboo Platform, the Guest receives confirmation of each booking made via the Vauboo. The said confirmation shall include the arrival period, type of a room/ apartment, address, cost etc. The Vauboo shall not be liable for the correctness and completeness of information provided in the confirmation. Confirmed (and if necessary paid) Accommodation booking is the limited permit to the Guest’s arrive at the Accommodation, stay in it as well as its use provided by the Owner for the period of the Guest's stay. Within this period, the Owner shall preserve the right to visit the Accommodation in the frames of the applicable laws, Accommodation use rules and as agreed with the Guest.

5.2. Upon sending the Guest's request for booking and agreement of the Accommodation price, the Guest shall conclude (enter into) the binding agreement with the Owner and shall have the right to the Services in accordance with the description stated in the Announcement at the moment of sending the request for booking at the price agreed upon bidding. The Guest shall pay for the Accommodation in the manner and form as will be separately agreed between the Owner and the Guest. In addition to the payment of the price stated in the confirmed booking, the Owner shall not charge from the Guest any other transaction / administrative fees when effecting the payment in any other manner (for example, when paying by credit card). The Vauboo does not make, ensure, guarantee or bear responsibility for the settlements between the Owner and the Guest and shall bear no responsibility for the damage caused to the Accommodation and the property within it or the Guest’s property.

5.3. Any complaints or claims related to the Accommodation use services rendered or provided by the Owner, their payment or the Guest’s specific expectations shall be considered by the Owner without the Vauboo’s intervention or participation. The Vauboo shall not be liable for any similar claims of the Guests.

5.4. The Owner shall be obliged to provide the Guest with the booked Accommodation. In case that for any reason the Owner cannot perform or does not perform his/her/its obligations hereunder, the Guest shall immediately inform the Vauboo on it ([email protected]). In such case, the Guest shall have the right to demand from the Owner the provision of alternative Accommodation of the same level or higher at the Owner’s expense and, in case that upon the Guest’s arrival there is no Accommodation available, the Owner shall:
(a) choose for the Guest the appropriate alternative Accommodation of the same level or higher with the guaranteed booking;
(b) provide the Guest and the persons accompanying him/her as listed in the confirmed booking of the Guest, the free private transportation to the alternative Accommodation;
(c) reimburse and compensate the Guest for all reasonable expenses (will reimburse and reimburse the Guest for all reasonable expenses (for example, costs for alternative accommodation, transport, telephone calls) made or presented to the Guest for the reason or due to the impossibility of providing the booked Accommodation. In such case any claim for payment of any amount shall be satisfied within 14 days upon the invoice receipt.

5.5. The Owner and the Guests shall be liable for any changes made in the booking via the Vauboo Platform or directly between them.

5.6. The Guest can at any time cancel the confirmed booking in accordance with the rules of cancellation established by the Owner. In such case, the Owner shall transfer the Guest the refund amount in accordance with his/her/its cancellation rules.

5.7. The Owner is not allowed to cancel the confirmed and paid (if needed) booking, except from the cases when it was agreed with the Guest.

Prohibited activities

6.1. You shall be solely liable for the compliance of all laws, rules, bylaws and obligations, which can be applied or arise in connection with the use of the Vauboo Platform. Using the Vauboo Platform you are obliged not to carry out by yourself and not to assist or allow other persons to carry out the following actions:
(i) violate the applicable laws or rules, terms of agreements with the third parties, third party rights, the present Conditions, other Conditions and Rules of the Vauboo, as well as evade their compliance;
(ii) use the Vauboo Platform and its content for any commercial or other purposes not directly provided for by the present Conditions;
(iii) copy, store or otherwise use the information, including the personal identification data of other Users contained at the Vauboo Platform, in any manner not corresponding to the Confidentiality Policy of the Vauboo or the present Conditions, or otherwise violating the rights of the Users or the third parties to the confidentiality;
(iv) use the Vauboo Platform for the distribution of the advertisement messages (spam) not agreed upon with the receiver;
(v) discriminate or harass on the basis of race, national origin, religion, gender, gender identity, physical or mental capabilities, medical condition, marital status, age or sexual orientation, as well as carry out other aggressive, harmful, offensive or dangerous actions;
(vi) use, display, duplicate or reproduce the Vauboo Platform or its content without the written consent of the Vauboo, any elements of the Vauboo Platform, the Vauboo name, the Vauboo trademarks, the Vauboo logo or other information proprietary to the Vauboo, or the structure or design of the pages or forms present on the pages of the Vauboo Platform;
(vii) discredit or otherwise harm the Vauboo brand, logo, including unauthorized use of content, register and/or use in domain names, trade names, trademarks or other means of identification the Vauboo name or derivative terms that are similar to the extent confusion with domains, trademarks, slogans, elements of an advertising campaign or the Vauboo content, and also imitate them;
(viii) use robots, crawlers, bots and other automated tools or processes to collect data or other content, as well as access them and perform other actions on the Vauboo Platform, regardless of the purpose;
(ix) attempt to decrypt, decompile, disassemble the software used to provide the Vauboo Platform, and attempt to disclose its technology;
(x) take any action that damages and negatively affects, as well as may damage or negatively affect the speed or proper functioning of the Vauboo Platform;
(xi) violate the rights of any person or otherwise cause damage to any person.

Term, Termination and suspension of the agreement, other measures

7.1. The Agreement shall be valid permanently or until the termination by you or the Vauboo in accordance with the present Terms.

7.2. You can terminate the Agreement at any time by sending the Vauboo an appropriate notice by e-mail or by deleting your Account which means the automatic termination of the Agreement.

7.3. The Vauboo can terminate the Agreement at its own discretion at any time by sending an appropriate notice to you by email within thirty (30) days, which does not limit the Vauboo rights stated below.

7.4. The Vauboo can immediately terminate the present Agreement without any preliminary notice and/or prohibit you access to the Vauboo Platform in the following cases: (i) you have committed a material breach of his/her/its obligations under these Terms; (ii) you have violated the applicable laws, regulations or third party rights; (iii) the Vauboo has the reason to believe that such action is reasonably necessary to protect the interests of other Users, the Vauboo companies or third parties (for example, in the event of attempted fraud by you).

7.5. In addition, the Vauboo may take any of the following measures (i) to comply with legal requirements, court decisions or orders, law enforcement, administrative or government orders; (ii) if you have violated these Terms, applicable laws, regulations or the rights of third parties; (iii) if you provided incorrect, distorted, outdated or incomplete information when registering for the Vauboo Account, or later; (iv) if the Vauboo received complaints about your behavior or has information about it; (v) if the Vauboo has the reason to believe that such action is necessary for the personal safety or the safety of the property of the Vauboo, its Users or third parties, or to prevent fraud or other illegal activity:
- refuse to publish or delete the User’s Content or postpone its publication;
- cancel all pending bookings;
- restrict your access to the Vauboo Platform or use of the Vauboo Platform;
- temporarily and in case of gross or repeated violations on an ongoing bases to terminate the operation of the Vauboo Account and prohibit the access to the Vauboo Platform.
In case the violations are not gross you will be sent the notice on the measures planned by the Vauboo, with the offer to eliminate the reason of the violation in accordance with the requirements of the Vauboo.

7.6. In the event of termination of the Agreement you have no right to recover your Vauboo account or the User’s Content.

Liability

8.1. You are fully responsible, compensate for and ensure that the Vauboo (including its directors, officials, employees, agents, affiliates and subcontractors) does not suffer from any damage related to obligations, expenses, costs (including, without limitation, payment for necessary services of lawyers), losses, damages, claims of any kind, interest, penalties and legal procedures actually paid for and incurred by the Vauboo (including its directors, officers, employees, agents, affiliates and subcontractors) in connection with:
(i) any complaints of the Owners with regard to your stay in the Accommodation, cancellation of bookings or incorrect bookings or repayment of the Accommodation price;
(ii) any other complaints of the Owners that are partially or completely related to your actions, or that arise as a result of violations of law, fraud, willful breaches of obligations, non-compliance or breach of agreement with the Owner (including those related to directors, employees, agents, representatives or the Owner’s Accommodation) in relation to the Owner or his/her/its property or Accommodation;

8.2. Neither party is liable to the other party for any indirect, special, punitive, incidental or consequential damages or losses, including loss of products, loss of income or profits, loss of a contract, damage to good name or reputation, loss of a claim if these losses became (considered) the result of a breach of the Agreement, a violation of the law or other reasons (even if the possibility of such losses was reported). All similar losses in connection with the present Agreement are rejected and not accepted for consideration.

8.3 Each Party acknowledges that remedies may not be sufficient to protect the other Party in the event of a breach of this Agreement, and without prejudice to any other rights and remedies available to the other Party, each Party is entitled to an injunction and special action.

Miscellaneous

9.1 You do not have the right to assign, transfer or prevent exercise of any of its rights and/or obligations hereunder without the previous agreement of the Vauboo.

9.2 All notices and other communications shall be provided in English in writing and sent by e-mail.

9.3 The present Agreement shall only be governed by and interpreted under the laws of Estonia. Unless otherwise provided in the present Agreement, in the event of disputes regarding the Agreement and these Terms, the competent courts in Tallinn, Estonia have exclusive jurisdiction to resolve them.

9.4 The parties understand and agree that, notwithstanding Paragraph 9.3, no paragraph of the Agreement shall impede or limit the Vauboo's right to initiate a claim or commence legal proceedings or seek interim legal remedies in the form of injunctive relief or (special) enforcement from competent courts where the Guest is located and the jurisdiction of which he/she is subject. For this purpose, the Guest refuses to apply to any other courts or refer to any laws to which he/she/it may be entitled.