Persons under the age of 18 may not use the Services.
Handiscover offers an online platform and website that connects hosts who have accommodation to rent with guests who seek such accommodation. On the Webpage, a user can offer to rent parts of, or the entire of its accommodation such as for example apartment, room or house to another user for a fee (Hosts). Users can also use the Webpage to search for suitable accommodation and make enquiries or bookings (Guests).
You understand and agree that Handiscover is not a party to any agreements between Host and Guest, that Handiscover is not a real estate broker or agent and that Handiscover has no control over Hosts, Guests or accommodations listed on the Website. Handiscover does not own any of the accommodations offered on the Webpage. Handiscover’s liabilities are limited to i) the availability of the Webpage and the Services, and ii) serving as a payment collector as described below.
The Service is offered both to Hosts who are professional operators (for example rental agents, guest house, bed & breakfast or hotels) and private persons. You understand and agree that you are solely responsible for adhering to applicable tax regulations, local zoning laws and any other requirements for using the Services. Hosts should review local laws before listing an accommodation on Handiscover. Furthermore, you represent and warrant that when using the Services you will not breach any agreements with third parties such as housing cooperatives. The Host is liable for any costs and local or national taxes (like Occupancy Tax) that may apply to the renting of the accommodation in its city, region or country.
The Host is recommended to obtain insurance for the renting of its accommodation and ensure that the renting of the accommodation is compliant with the Host’s insurance policy.
USERNAME AND PASSWORD
In order to use the Services (both as Host and Guest), you will have to create a user account and sign in to your account on the Webpage. The instructions on how to create a user account are set forth on the Webpage.
When creating your user account, you will be asked to submit certain information about yourself such as: your name, address, email address, photograph and your phone number. The information will be used to provide the Services to you.
Your account is personal and you are not allowed to transfer your account to any third party. You are responsible for keeping the credentials of your user account confidential, and that you will not disclose (willfully or by negligence) credentials of your user account to any third party or otherwise allow any third party to use your user account or your access to the Services. If you have reason to believe that any third party has gained access to your user account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your user account on the Webpage if we have reason to believe that any third party has gained unlawful access to your user account.
Please note that we have the right to cancel your user account if it is left inactive during a period of 365 consecutive days.
USE OF THE SERVICE
Listing of an Accommodation
A Host may list an accommodation on the Webpage and offer this for rent to Guests. A listing shall include a description of the accommodation, photos, the price for rent plus any applicable VAT, any extra charges and the availability of the accommodation. The listing shall be made in accordance with these user terms and shall accurately and completely describe the accommodation offered. Guests will be able to book the accommodation on the Webpage based on the information provided in the listing. A Host must choose which cancellation policy that shall apply to the Host’s listing. The cancellation policies applicable from time to time are available on the Webpage.
As a Guest you understand that Handiscover has no responsibility for and makes no guarantees in relation to the content of a listing or the identity of a Host.
Booking and Payment
The Host will determine a fee for the accommodation (the “Accommodation Fee”). Handiscover will, as payment for use of the Service, charge a percentage of the Accommodation fee including VAT (in countries/regions where VAT is required) from the Guest and Host respectively in accordance with the rates on the Webpage. For Guests such fee is referred to as the Handiscover Guest Fee and for Hosts the Handiscover Host Fee. You acknowledge that Fees may differ depending on currency fluctuations and conversions from time to time.
A Host that receives a request for booking of an accommodation must accept or reject such request within 48 hours of the request, otherwise the request will be automatically cancelled. When a Guest makes a request, the name and user name of the Guest will be shared with the Host to whom the request has been made.
Upon confirmation from the Host, the parties must enter into a lease agreement regarding the rent of the accommodation. The Guest shall pay the Accommodation Fee and the Handiscover Guest Fee to Handiscover. Handiscover will release the Accommodation Fee with the deduction of the Handiscover Host Fee to the Host within 24 hours of when the Guest arrives at the rented accommodation. Each Host agree that payment to Handiscover made by a Guest shall be considered as payment to the Host and the Host shall make the accommodation available to the Guest as if the Host had received the Accommodation Fee.
If a Guest cancels the requested booking before the Host has confirmed the booking, Handiscover will cancel any payment from the Guest’s credit card and/or pay back any amount charged to the credit card within a reasonable time.
After confirmation by the Host, a Guest has the right to cancel the booking in accordance with the applicable cancellation policy for the listing. Any refund of Accommodation Fees will depend on the terms of the applicable cancellation policy. Provided that the Accommodation Fee or parts thereof shall be refunded after cancellation, Handiscover will refund such means to the Guest within a reasonable time. The Handiscover Guest Fee is non-refundable which applies for all cancellation policies.
If a booking is cancelled by the Host, Handiscover will pay the Accommodation Fee and the Handiscover Guest Fee to the Guest affected by such cancellation within a reasonable time.
You may upload videos, audio clips, written comments, data, text, photographs, software, scripts, graphics and other information ("User Content ") to the Webpage. You are fully responsible for any User Content that you upload to the Webpage.
You agree and warrant that you will not publish, post, transfer, distribute or upload any content or information to the Webpage and/or the Services which:
- Is false, misleading, untruthful or inaccurate
- Promotes or encourages illegal activity
- Is racially or ethnically offensive and/or constitutes agitation against a minority (such as a national or ethnic group)
- Constitutes defamation, contains pornography or is in any other way sexually explicit
- Attacks sexual orientation or religion or is discriminating in any other way, or
- Is in any way harmful, abusive, offensive or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trade marks)
You agree and warrant that you will not, and will not permit any third party to:
- Use the Webpage and/or the Services to transfer or upload files or other content that contains viruses, Trojans, corrupted data, malicious software or other programs that may harm computers or other property
- Use the Webpage and/or the Services to defame, harass, discriminate or threaten another person or in any other way violate the rights of another person
- Distribute or reproduce all or any part of the Webpage and/or the Services
- Alter, disassemble, decompile or reverse engineer any part of the Webpage and/or the Services, unless explicitly permitted by mandatory law
- Use software that reads data on the Webpage and/or the Services automatically
- Abuse the Webpage and/or the Services or use it for any unlawful or unauthorized purpose (which includes transmitting any computer viruses through the Webpage, or
- Using the Webpage and/or the Services in a manner which violates or infringes the rights of anyone else)
THIRD PARTY SITES
DISCLAIMER OF WARRANTY
Handiscover accepts no liability for the actions of Hosts or Guests or for the condition of the accommodations. Any complaints in relation hereto shall be directed towards the affected Host or Guest. By using the Webpage and/or the Services you agree that any remedy or liability that you wish to seek due to actions of other users and/or the availability of or condition of an accommodation shall be made against such other users and not against Handiscover.
The Webpage and the Services are provided ‘as is’ without warranty of any kind and your use of the Services is solely your responsibility. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, fitness for any particular purpose, suitability or accuracy of the Webpage or the Services. We advise you not to trust the accuracy of the Services and expressly disclaim all liability regarding the functionality of the Services.
There may be situations when the Services will not be accessible, including but not limited to necessary maintenance and circumstances outside our control, for which we shall never be liable.
PROCESSING OF PERSONAL DATA
INTELLECTUAL PROPERTY RIGHTS
You agree that the Webpage and the Services contain content specifically provided by us or third parties and that such content may contain intellectual property rights.
You agree to respect all intellectual property rights, including but not limited to copyright, trademarks, trade names (whether registered or not) contained or displayed on the Webpage or which you gain access to in connection with the Services.
You agree that the content published on the Webpage may belong to third parties, and that we do not have control over such content. Therefore, you agree that we shall not be held responsible for any such content provided by third parties and displayed on or contained in the Webpage or the Services.
When using the Services you may upload User Content to the Webpage. Ownership of all User Content shall stay with you, or the third party having ownership to such User Content.
You hereby grant us a worldwide, non-exclusive, royalty-free and sub-licensable right to host, publish, distribute, stream, transmit, playback, transcode, copy, feature, display and otherwise use the User Content to provide and market the Webpage and the Services.
You warrant that you have all necessary rights to display and upload the User Content and in all other ways use the User Content and to provide us with the above license to the User Content. Should any User Content infringe the intellectual property rights of a third party, you agree to immediately remove all infringing parts of the User Content and indemnify us all damages, costs and expenses incurred as a result of such infringement.
Should we be made aware or have reason to believe that the User Content infringes any third party's intellectual property rights, we have the right, but not the obligation, to remove from the Webpage all such User Content and may suspend access to your account temporarily or permanently.
INDEMNITY AND LIMITATION OF LIABILITY
To the extent permitted under mandatory law, we shall not be liable to you or any third party for any direct damages, indirect damages or any other damages of any kind including but not limited to loss of profit, loss of income, loss of revenue, business interruption or goodwill losses arising out of or in connection with these terms or the use or inability to use or access the Services or the Webpage. We are not liable to you for any claims made by third parties towards you.
CHANGE OF TERMS AND TERMINATION OF SERVICES
You have the right to at any time and without prior notice terminate your user account and remove you content from the Webpage.
GOVERNING LAW AND DISPUTES
4131-1511-5010, v. 5, Last revised 2016-08-06
Payment processing services for account holder on Handiscover are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a account holder on Handiscover you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Handiscover enabling payment processing services through Stripe, you agree to provide Handiscover accurate and complete information about you and your business, and you authorize Handiscover to share it and transaction information related to your use of the payment processing services provided by Stripe.