Property Listing Terms and Conditions
This Property Listing Terms and Conditions (the "Terms and Conditions") define the relationship between the property owner or authorized manager ("Property Owner") and TOBIAS MAX ALFRED SCHULZ, doing business as Samos Villas relating to Property Owner's use of the Samos Villas Website for the purpose of listing of short term rental properties ("Property(ies)") on the Samos Villas Website and carrying out activities related to the listing and rental of such Properties. These Terms and Conditions and the Listing Agreement shall collectively be referred to as the "Agreement." Any term not defined herein shall have the meaning set forth in the Samos Villas Website Terms of Use.
By agreeing to these Terms and Conditions, Property Owner accepts and agrees to the Samos Villas Website Terms of Use, which are incorporated herein by reference. If Property Owner does not agree to the Samos Villas Website Terms of Use, then Property Owner must not access or use the Samos Villas Website.
Samos Villas can change, update, add, or remove provisions of these Terms and Conditions at any time by posting the updated Terms and Conditions on the Samos Villas Website. Samos Villas will use commercially reasonable efforts, but Samos Villas is not obligated, to notify Property Owner of any material changes to these Terms and Conditions. Property Owner waives any right Property Owner may have to receive specific notice of such changes to these Terms and Conditions. By using the Samos Villas Website to list Properties after Samos Villas has updated the Terms and Conditions, Property Owner is agreeing to the then-current Terms and Conditions. Property Owner is responsible for regularly reviewing these Terms and Conditions.
1. SERVICES
1.1 Property Advertising Services.
Subject to these Terms and Conditions, payment of all fees for the Samos Villas services, and Property Owner passing all background checks, Samos Villas hereby grants Property Owner a limited, revocable, non-exclusive, non-transferable, and limited license to access the Samos Villas Website and the content and services provided on the Samos Villas Website solely for the purpose of advertising a short-term rental Property to individuals who are seeking short-term rentals ("Travelers").
1.2. Samos Villas Not a Party to Any Transaction.
Samos Villas is not a party to any rental agreement or other transaction between Property Owner and any Traveler. Samos Villas does not book any Traveler's stay and does not manage any rent. All fees, charges, and rents from any Travelers are managed by, and paid directly to Property Owner.
1.3 Identity Verification/Background Checks.
Property Owner acknowledges and agrees that they are responsible for communicating with any Traveler and performing any type of background check on a Traveler in its sole discretion. Samos Villas does not have any responsibility or liability for the confirmation of any Traveler's identity or background.
1.4 Distribution of Listings to Third Party Websites.
To enable Property Owner to obtain broader distribution of its Properties, Samos Villas may provide the listing information, or otherwise provide for the distribution of, the Property Owner listing on a third-party website. Additional terms and conditions may apply to such distributions, as Samos Villas may notify Property Owner of via Property Owner's online account or email.
1.5 Notifications.
Property Owner agrees and understands that Samos Villas may send text alerts or other messages to Property Owner about any new leads, messages, or booking requests that they receive about their listing.
2. PROPERTY OWNER OBLIGATIONS AND RESPONSIBILITIES
2.1 Compliance with Applicable Law.
Property Owner is fully responsible for and agrees to comply with all applicable laws, rules, and regulations applicable to the listing of the Property and the conduct of their rental business, including but not limited to any and all laws, rules, regulations, or other requirements relating to taxes, credit cards, data privacy and security, taxes, permits or license requirements, zoning ordinances, safety compliance, and compliance with all anti-discrimination and fair housing laws. Property Owner further agrees that they will at all times provide a safe environment for Travelers. If Property Owner accepts credit card, banking, or other payment information from Travelers, then Property Owner agrees to properly handle and safeguard all such payment information in accordance with applicable legal and regulatory requirements and best practices.
2.2 Property Listings.
All Property listings on the Samos Villas Website are the sole responsibility of Property Owner. Samos Villas specifically disclaims any and all liability arising from the alleged accuracy of the listings, reviews, or any alleged breaches of contract on a Traveler's part. Property Owner acknowledges and agrees that Property listings will at all times be accurate, and that Property Owner is solely responsible for maintaining up-to-date Property information on the Samos Villas Website. Such information includes, but is not limited to, any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates. Samos Villas may from time to time provide or facilitate services to Property Owner to create or improve the quality of their Property listings. Samos Villas also may from time to time create new or otherwise change the location or geographic descriptions it uses to identify Properties in their listings and search results. Consequently, Samos Villas may change the location or geographic description associated with any Property listing at any time without notice. Samos Villas assumes no responsibility to verify Property listing content or the accuracy of the location. Property Owner agrees to promptly correct or contact Samos Villas to correct any inaccuracy. Samos Villas may suspend and remove a Property listing on the Samos Villas Website if Property Owner fails to comply with the terms of this Section, including if Property Owner fails to set the availability of a Property on the Samos Villas Website for a period of ninety (90) days.
2.3 License and Rights Granted to Samos Villas.
Property Owner hereby grants to Samos Villas a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free, and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of Property Owner's User Contributions, which includes all Property listings, in connection with Samos Villas's business or the business of its affiliates. Notwithstanding the foregoing, following the termination or expiration of a Property listing subscription or applicable Listing Agreement, Samos Villas will not continue to display the User Contributions that were displayed in such Property listing.
2.4 Limitations on Communications and Use of Travelers' Information
(a) Property Owner agrees that, with respect to Traveler's personal information that Property Owner obtains directly or indirectly from or through the Samos Villas Website or through any Samos Villas Website-related communication or transaction, that Property Owner shall only use such personal information for: (i) Samos Villas Website related communications that are not unsolicited commercial messages; (ii) using the services offered through the Samos Villas Website; and (iii) inquiring about or otherwise facilitating a financial transaction between Property Owner and the Traveler related to the purpose of the Samos Villas Website. Any other purpose will require express permission from the Traveler. Property Owner may not use any such personal information for any unlawful purpose or with any unlawful intent.
(b) Property Owner must provide all Travelers with an opportunity to remove their information from the Property Owner address book, database, or any other records and a chance to access what personal information Property Owner has collected about them. In addition, under no circumstances, except as defined in this section, may Property Owner disclose personal information about a Traveler to any third party without the consent of the Traveler. Further, Property Owner agrees that it will protect Traveler's personal information with the same degree of care that it protects its own confidential information (using at minimum a reasonable standard of care), and Property Owner assumes all liability for the misuse, loss, or unauthorized transfer of such personal information.
2.5 Insurance.
Samos Villas does not provide liability, property, or any other insurance protection for Property Owner. Property Owner is solely responsible for obtaining insurance coverage sufficient to protect the Properties and the Travelers. Property Owner agrees that it has or will obtain the appropriate insurance coverage sufficient to cover the rental of the Properties prior to the arrival of their first Traveler and will maintain adequate insurance coverage through the departure date of any Traveler they have obtained through the Samos Villas Website.
3. FEES AND PAYMENT TERMS
3.1 Fees.
In the event that Samos Villas raises a fee for the aforementioned service,Property Owner shall pay Samos Villas the fees and expenses set forth in the applicable Listing Agreement between Property Owner and Samos Villas.
3.2 Automatic Renewal of Subscriptions.
If Property Owner pays for a subscription by credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current non-promotional subscription rate. Automatic renewal applies to all subscriptions purchased by credit card or e-check. The automatic renewal feature allows the service to remain uninterrupted at the expiration of the then-current term. If Property Owner wishes to turn off auto-renewal, Property Owner must request this via email. Telephone, Voicemail or other correspondence do not constitute a valid opt-out. When Property Owner turns off auto-renewal, the subscription will remain active through the expiration of the then-current subscription term, however, the subscription will not automatically renew upon the expiration of the then current term. If the subscription does not auto-renew or expires at the end of the then current subscription term and Property Owner desires to renew the subscription, Property Owner will be required to pay the then-current non-promotional subscription rate to renew the subscription or to activate a new subscription. If Property Owner does not turn off auto-renewal, Property Owner re-affirms and authorizes Samos Villas to charge the credit card at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate for the same product or service.
3.3 Subscription Terms.
All subscriptions are sold to run the full term that is chosen by the Property Owner. Unless otherwise agreed to, subscriptions are for a minimum of twelve (12) months and can be up to twenty-four (24) months. The subscription term starts on the date that Property Owner submits the full or initial (as applicable) payment and expires on the last date of the term chosen by Property Owner.
3.4 Non-Subscription Listings.
If Samos Villas enables Property Owner to list Property on a basis other than by subscription, Property Owner agrees to pay the fees as described in the sign-up process for each rental of the Property displayed in such listing, which terms may be updated by Samos Villas from time to time without notice by displaying the terms on the Samos Villas Website. The sign-up process and additional notices Property Owner may receive from Samos Villas may also provide additional terms and conditions for such listings.
3.5 Refunds.
All fees paid are non-refundable, including in the circumstance where Property Owner's background check comes back negative or a verification cannot be completed. If Property Owner sells the Property and no longer wishes for the Property listing to remain online, Samos Villas should be contacted so the listing can be removed; however, no refund will be owed or provided.
3.6 Taxes.
All fees and other amounts payable by Property Owner under the Agreement are exclusive of taxes and similar assessments. Property Owner is responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable by Property Owner hereunder, other than any taxes imposed on Samos Villas's income.
3.7 Payment.
Payment will be as set forth in the applicable Listing Agreement, generally by major credit card or debit card, bank transfer or similar, on an annual automatic and recurring basis. A valid credit card must remain on file at all times. Late payments shall be subject to a charge of eighteen percent (10%) per annum on the due amount from due date until payment has been received by Samos Villas. Client shall also reimburse Samos Villas any bank charges, penalties, or other amounts for insufficient funds or other payment rejection. Credit card payments will show up as transactions with Tobias Max Alfred Schulz.
4. ADDITIONAL TERMS AND CONDITIONS
4.1 Appearance in Search Results
Samos Villas cannot guarantee that Property Owner's Property listings will appear in any specific order in search results on the Samos Villas Website. Search order will fluctuate based on a variety of factors such as search parameters, subscription level purchased, listing quality, how frequently a calendar is updated, and other factors that Samos Villas may deem important to the user experience from time to time. Property listing appearance or order in search results may also vary depending on the search criteria used by the Traveler. Samos Villas reserves the right to apply various search algorithms or to use methods to optimize results for Travelers' experiences and the overall marketplace. Property listings placed on a non-subscription basis, such as those that may be grandfathered in by a previous model, may not always appear in search results in a particular subscription level or at all. Property listings distributed on third-party websites are not guaranteed to display on such third-party website in a particular order or at all. Search results and sort order may appear different on current or future Samos Villas mobile applications than they appear on the Samos Villas Website. To optimize the search experience for both Property Owner and Travelers, Samos Villas retains the right to run occasional tests that will be limited in duration but may alter how Samos Villas displays search results and subscription levels.
4.2 Content, Layout and Copy.
All content and copy edits submitted by Property Owner are subject to review and approval by Samos Villas in its sole discretion. Samos Villas reserves the right to refuse to publish any content that it determines in its sole discretion does not meet these Terms and Conditions or is otherwise unacceptable. However, Samos Villas assumes no duty to review content and shall not have any liability for any loss or damage resulting from the design or positioning of the copy, Properties, content and/or photographs or any change made to any content, photograph or copy submitted by Property Owner. All content must meet these Terms and Conditions including the Content Standards in the Samos Villas Website Terms of Use. Samos Villas reserves the right to edit content submitted to the Samos Villas Website in a non-substantive manner solely to cause the content to comply with the Content Standards or formatting requirements. Property Owner is responsible for reviewing and ensuring that any content displayed on the Samos Villas Website appears as the Property Owner intended.
4.3 Photographs.
(a)Photographs submitted by Property Owner should depict the furnished Property as the main subject of the photograph and may not include children or adults if Property Owner does not have their legal consent or any information that would violate the privacy rights, intellectual property rights, or any other rights of a third party. Photographs must meet Samos Villas's Content Standards. Samos Villas reserves the right not to display or to remove any photographs that it determines, in its sole discretion, do not meet these Terms and Conditions or are otherwise unacceptable to Samos Villas.
(b) By submitting a photograph to Samos Villas, Property Owner represents and warrants that: (i) it holds all intellectual property rights with respect to each submitted photograph, or it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement: (ii) any person in the photograph has provided Property Owner with valid permission in compliance with applicable law for their likeness to be displayed in an online advertisement on the Samos Villas Website: (iii) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph; and (iv) that Property Owner will indemnify, defend, and hold harmless Samos Villas from any cause of action arising from any misrepresentation or otherwise with respect to any and all photographs submitted.
4.4 Uses of Trademarks, Names or Logos.
Without Samos Villas's prior written authorization, Property Owner may not use any Samos Villas trademarks, names, logos, product and service names, designs, or slogans in any advertising. Property Owner may not refer to Samos Villas in any way that implies that Property Owner or its Property listings are sponsored by, affiliated with, or endorsed by Samos Villas or any of its affiliates. For example, Property Owner may not provide "Samos Villas sponsors my rental," or describe any Property listing as "Samos Villas's best rental." For the avoidance of doubt, Property Owner may not use Samos Villas's trademarks, names, logos, product and service names, designs, or slogans on any other website that lists vacation rentals. Notwithstanding the foregoing, during the term of any applicable Listing Agreement, Property Owner may use Samos Villas's name and trademarks solely in a descriptive manner on its Property listings on the Samos Villas Website or in permissible communications. Property Owner may provide "Check out my listing on Samos Villas," or "I list properties on Samos Villas." In addition, Property Owner may post Property listing URLs on social media Websites. All other uses are prohibited without Samos Villas's prior written authorization.
4.5 Hypertext Links.
Samos Villas reserves the right to refuse hypertext links to, or addresses of, other websites from Property Owner's pages, and to remove links or web addresses without notice in its sole discretion. Further, Samos Villas reserves the right to charge for hypertext links at any time.
4.6. Payments Between Property Owners and Travelers.
Samos Villas acts as a venue to allow property owners or managers who advertise on the Samos Villas website to offer for rent a specific short-term rental property ("Property") to potential renters ("Travelers"). Samos Villas:
(i) does not own any Property listed on the Samos Villas Website;
(ii) does not enter into a lease(s) or other transaction with Travelers;
(iii) is not a party to a rental agreement or other transaction between Property Owners and Travelers; and
(iv) provides no insurance relating to any transaction. Samos Villas also does not serve as a judge or mediator for any dispute between a Property Owner and a Traveler.
4.8 Feedback.
If Property Owner transmits or provides any communications or materials to Samos Villas by mail, email, telephone, or otherwise, suggesting or recommending changes to the Samos Villas Website or Services ("Feedback"), Samos Villas is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. Property Owner hereby assigns to Samos Villas on Property Owner's behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Samos Villas is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Samos Villas is not required to use any Feedback.
5. RELATIONSHIP OF THE PARTIES
The relationship between Samos Villas and Property Owner is that of independent contractors. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
6. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
6.1 Property Owner Representations and Warranties.
In addition to any other representations and warranties set forth in this Agreement, Property Owner represents and warrants to Samos Villas that: (a) Property Owner has the full right, power and authority to enter into and perform its obligations and grant the rights, licenses, consents and authorizations it grants or is required to grant under the Agreement; (b) the Agreement will constitute the legal, valid and binding obligation of Property Owner, enforceable against Property Owner in accordance with its terms; (c) Property Owner has the necessary rights and consents in and relating to the User Contributions so that, as received by Samos Villas and processed in accordance with the Agreement, they do not and will not infringe, misappropriate or otherwise violate any intellectual property rights, or any privacy or other rights of any third party or violate any applicable law; and (d) Property Owner will at all times comply with all applicable laws and the terms of the Agreement.
6.2 Samos Villas Disclaimers
the samos villas website, its data, information, content, services, or other items obtained from or through use of the samos villas website or from samos villas, are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. neither samos villas nor any person associated with samos villas makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the samos villas website, or any data, information, content or other items available from or obtained through use of the samos villas website or from samos villas. without limiting the foregoing, neither samos villas nor anyone associated with samos villas represents or warrants that the samos villas website, its data, information, content, or any services or items obtained from through use of the samos villas website or from samos villas will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the samos villas website or the server that makes it available or any data, information, or other content obtained from or through use of the samos villas website are free of viruses or other harmful components or that the samos villas website or any services or items obtained through the samos villas website or from samos villas will otherwise meet property owner's needs or expectations.
samos villas hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
property owner acknowledges and agrees that any transmission to and from the samos villas website is not confidential and communications or user content may be read or intercepted by others. property owner further acknowledges and agrees that by submitting communications or user content to samos villas and by posting information on the samos villas website, including property listings, no confidential, fiduciary, contractually implied or other relationship is created between property owner and samos villas other than pursuant to these terms and conditions.
property owner acknowledges and agrees that it will not hold or seek to hold samos villas or any third-party provider responsible for the content provided by any user, including, without limitation, any translation thereof, and property owner further acknowledges and agrees that samos villas is not a party to any rental transaction or other transaction between travelers and other users of the samos villas website. samos villas has no control over and does not guarantee the safety of any transaction, rental property or the truth or accuracy of any listing or other content provided on the samos villas website. property owner should take reasonable precautions when entering into any transaction.
the foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
6.3 Additional Disclaimers.
Property Owner understands, acknowledges, and agrees that the Property rental services provided by Property Owner are fully and entirely Property Owner's responsibility. Samos Villas is not responsible or liable for the actions or inactions of a Traveler or other third party in relation to the services provided by Property Owner. Property Owner understands, therefore, that by using the Samos Villas Website, Property Owner will be introduced to third parties in relation to whom Samos Villas has not conducted any background or reference checking, that may be potentially dangerous, and that Property Owner uses the Samos Villas Website at Property Owner's own risk.
7. INDEMNIFICATION
Property Owner shall indemnify, defend, and hold harmless Samos Villas and its affiliates and their officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of, resulting from or relating to: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Property Owner's acts or omissions; (b) any claims by any Traveler or Samos Villas Website user related to Property Owner or the Property; (c)Property Owner's breach of any representation, warranty, or obligation under this Agreement; (d) Property Owner's negligence, willful misconduct or violation of applicable law; and (e) any other matters arising out of or related to Property Owner's use of the Samos Villas Website.
8. LIMITATION OF LIABILITY
8.1 exclusion of damages.
in no event will samos villas or any of its licensors, service providers or suppliers be liable under or in connection with these terms and conditions, and any subscription, listing agreement or other services agreement governed by or subject to these terms and conditions, or their subject matter, under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability and otherwise, for any: (a) impairment, inability to use or loss, interruption or delay of the samos villas website or property listing services; (b) loss, damage, corruption or recovery of data, or breach of data or system security; or (c) consequential, incidental, indirect, exemplary, special, enhanced or punitive damages, regardless of whether such persons were advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
8.2 cap on monetary liability.
in no event will the aggregate liability of samos villas under or in connection with the agreement or its subject matter, under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability and otherwise, exceed the fees actually paid by property owner in the 12 months immediately prior to the action or claim. the foregoing limitation applies notwithstanding the failure of any agreed or other remedy of its essential purpose.
9. TERM AND TERMINATION
9.1 Term.
Unless earlier terminated in accordance with these Terms and Conditions, the Agreement will continue in effect for the period set forth in the applicable Listing Agreement.
9.2 Termination/Suspension.
In addition to any other express termination or suspension right set forth elsewhere in these Terms and Conditions, Samos Villas may suspend or terminate Property Owner's access or use of the Samos Villas Website, and the Agreement, at any time if there is any breach of any provision of the Agreement, including any unauthorized use of the Samos Villas Website. No refunds will be provided in the event of such a termination.
9.3 Surviving Terms.
The provisions set forth in the following sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of the Agreement, will survive any expiration or termination of the Agreement.
10. FORCE MAJUERE
Samos Villas shall not be liable for any default or delay in the performance of any of its obligations under the Agreement if and to the extent such default or delay is caused, directly or indirectly, by: (a) fire, flood, earthquake, elements of nature or acts of God; (b) wars (declared and undeclared), acts of terrorism, sabotage, riots, civil disorders, rebellions or revolutions; (c) extraordinary malfunction of third-party Internet infrastructure, data centers or related systems; or (d) acts of any governmental authority with respect to any of the foregoing, and provided that such default or delay cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable alternate sources, workaround plans or other commercially reasonable means.
11. GOVERNING LAW AND DISPUTE RESOLUTION
The Agreement will be governed in all respects by the laws of Greece (without regard to conflicts of law provisions).