Terms and Conditions
TERMS AND CONDITIONS
Last Updated: December 09, 2018
“Accommodation” means any residential or other property listed on the Site that may be booked for a temporary stay.
“Content” means text, graphics, images, music, software, audio, video, information or other materials and includes User Content.
“User Content” means all Content that a Guest submits or transmits to Kuero as a testimonial or comment regarding the Site or Services.
“Guest” means a person who has received an email from Kuero confirming a Reservation of an Accommodation made via the Site.
“Owner” means one who has ownership of an Accommodation available on the Site.
“Reservation” means an arrangement between you and the Owner of an Accommodation to have that Accommodation reserved for your use at a specific future time.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE CONFIRMED A RESERVATION. THE SITE AND SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OLD OR OLDER. ANY ACCESS TO OR USE OF THE SITE OR SERVICES BY ANYONE UNDER 18 IS EXPRESSLY PROHIBITED. BY ACCESSING OR USING THE SITE OR SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 18 OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
Kuero reserves the right, at its sole discretion, to modify the Site, Content or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Content or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease accessing or using the Site, Content and Services.
How the Site Works
The Site can be used to facilitate the booking of residential and other properties listed on the Site. As stated above, Kuero makes available a platform or marketplace with related technology for Guests to arrange for bookings of Accommodations. You understand and agree that Kuero is not a party to any agreements entered into between Guests and Owners, nor does Kuero have any control over the conduct of Owners, Guests or other users of the Site. Kuero is not an Owner, a real estate broker, agent, insurer or operator of properties, including, but not limited to, hotel rooms, other any other type of lodging or temporary accommodation, nor is it a provider of properties, including, but not limited to, hotel rooms, other lodgings or Accommodations. Kuero’ responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the Owners’ collection agent for all payments not collected directly from Guests by Owners.
Much of the information regarding each Accommodation is provided by its Owners, including, on occasion, the photographs themselves. Photographs of, and information about, an Accommodation are published on the Site to offer prospective guests a reasonable notion regarding the quality and characteristics of the Accommodation. Photographs of the Accommodations are not necessarily accurate visual representations of the Accommodation nor its features and decor.
Although Kuero does endeavor to verify and update information about the Accommodations and to update photographs of the Accommodations published on the Site, Kuero does not endorse any User Content or any Accommodation and shall therefore not be liable to any user or Guest if the published information, User Content, or photographs do not reflect modifications to the décor or other features of the Accommodations made by their respective Owners. Kuero does not control the condition, legality or suitability of any Accommodation. Kuero is not responsible for and disclaims any and all liability related to any and all listings and Accommodations. Accordingly, any and all Reservations are made at the Guest’s own risk.
Bookings and Financial Terms
The Owners, not Kuero, are solely responsible for honoring any confirmed bookings and making available Accommodations reserved through the Site and Services. If you, as a Guest, choose to confirm a Reservation with Kuero, you agree and understand that you will be required to enter into an agreement with the Accommodation’s Owner, and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Owner. You acknowledge and agree that that you, and not Kuero, will be responsible for performing the obligations under any such agreements, that Kuero is not a party to such agreements, and that, with the exception of any collection obligations hereunder, Kuero disclaims all liability arising from or related to any such agreements.
Only persons who have legal capacity in both their country of residence and the country where the Accommodation is located and who have capacity to guarantee payment of all contracted Services can make Reservations and execute a lease agreement with the Owner of the Accommodation.
The minimum stay required for most Accommodations is two nights; however, Accommodations may require minimum stays of periods as long as one week.
You agree to the following procedure for making and confirming Reservations:
- a) Upon receiving a Reservation request, Kuero will contact the Owner to verify whether the Accommodation is available. Certain Accommodations are listed on the Kuero Site with the “Book Now” option. For Accommodations that can be reserved through this option, Owners have already provided Kuero with the availability of the Accommodations.
- b) If a Reservation request is submitted through the “Book Now” option, Kuero will contact the Guest within 24 hours to confirm the availability of the Accommodation. If the “Book Now” option is not available for the relevant Accommodation, Kuero will contact the Guest to confirm whether the Accommodation is available on the requested dates at the email address provided after receiving the Owner’s confirmation of availability.
- c) To confirm a Reservation, a Guest must pay the Initial Reservation Payment (as defined below under the heading “Reservation Confirmation”) within 4 days of Kuero’ email confirming the availability of the Accommodation for the requested dates and sending payment information to Guest (the “Reservation Payment Period”). Kuero shall hold the requested dates at the Accommodation during the Reservation Payment Period.
- d) Once receipt of the Initial Reservation Payment is confirmed, Kuero will instruct the Owner to definitively book the Accommodation for you on the dates you have requested. Subsequently, Kuero will send you an email confirming your Reservation.
- e) By submitting an inquiry you will be opted to receive our Kuero emails.
Your delay or failure to make the Initial Reservation Payment within the Reservation Payment Period will result in the lapse of the hold on your requested dates at the Accommodation, and Kuero will not be able to guarantee the Accommodation’s availability for the requested dates. If you make the Reservation Payment outside of the Reservation Payment Period and the Accommodation is no longer available, Kuero will reject the payment, in which case you should receive a refund of the entire amount of the payment less any non-refundable credit card charges, bank transaction fees or similar charges.
Guests using credit cards issued in certain countries may be subject to surcharges required by local law. You assume all costs, expenses, fees, taxes or other expenditures applied to any payments or wire transfers by any credit card company, bank or government authority involved in the transaction (even if the credit card company, bank or government authority technically charges Kuero). Following successful processing of your Initial Reservation Payment, Kuero (or its representative) will send you a confirmation email summarizing your Reservation. Kuero reserves the right to charge the Initial Reservation Payment and the Reservation Balance (as defined below) together, summing to 100% of total Booking Payment, according to each property’s booking & payment policy.
The Reservation Balance is the remaining balance of the total Booking Payment after deducting the Initial Reservation Payment. Payment of the Reservation Balance is due at least 20 days in advance of check-in. (Reservation balances differ from property to property. Please check at point of booking for exact payment policies for your rental.) It can be paid via Visa, MasterCard or via bank transfer. Any and all commissions, charges, taxes and rates applicable to Reservation Balance shall be solely borne by the Guest.
Administration and Additional Fees
In some properties, you will be charged a Service Fee, which is payable in conjunction with the Initial Reservation Payment. Additional fees may be charged for cleaning services provided more frequently than once per week during your stay. Our Reservations Team will inform you of any fee prior to booking.
Any desired extension of a Reservation that has already commenced will be subject to availability and will be treated as a new Reservation. Consequently, the Accommodation may not be available to occupy and prices for the Accommodation may not be available at the same rate. In order to confirm an extension with a start date within 30 days, you will need to immediately pay the full amount of the Booking Payment for the term of the extension. In order to confirm an extension more than 30 days in advance of its start date, 50% of the total price of the Booking Payment for the extended term will be due, with the remaining Reservation Balance for that term due according to accommodation’s payment policy. In either case, a new contract must be signed upon confirmation, and any monies paid towards an extension are non-refundable.
Unavailability of the Accommodation and Situations Affecting your Stay
If, for any reason, the Accommodation booked becomes unavailable on the requested dates or if any problem or defect is discovered or occurs during check-in or during the Guest’s stay, which would frustrate the Guest’s use and enjoyment of the Accommodation prior to completion of his or her stay, Kuero will notify the Guest that made the Reservation and make all commercially reasonable efforts to provide an alternative Accommodation for the requested dates. Kuero will use commercially reasonable efforts to locate an alternative Accommodation with similar amenities at the same price until the problem or defect in the Accommodation is resolved or the Reservation contract terminates (whichever is sooner), but if we cannot locate a suitable, similar Accommodation, we will inform the Guest of available alternative Accommodations and how they differ from the reserved Accommodation with respect to features and price.
If the Guest is unsatisfied with the alternative Accommodation offered as a result of unavailability, a problem or a defect, he or she may choose to: (a) cancel the Reservation and receive full reimbursement of the Initial Reservation Payment and the Reservation Balance (if any) paid to Kuero if the unavailability, problem or defect is discovered before or during check-in; or (b) receive a reimbursement proportional to the length of the unused Reservation term if a problem or defect is discovered during the Guest’s stay.
Neither Kuero nor the Owner will relocate Guests, reimburse Reservation payments or cancel a Reservation in response to requests or complaints resulting from or related to causes that are beyond Kuero’s or the Owner’s control, unrelated to the Accommodation or due to acts of God or other force majeure event, including without limitation, general street noise or any kind of disturbance caused by construction, maintenance or repair (whether or not to the Accommodation or the building in which it is located), the condition of the hallways or other amenities, maintenance or repairs of common areas ordered by the building management, repairs to neighboring properties, interruption of the Internet or other services and any similar events affecting the Guest’s stay in the Accommodation but beyond the Owner’s or Kuero’s control.
Nevertheless, Kuero will make commercially reasonable efforts to resolve or minimize the situation. Kuero cannot and does not guarantee that its eventual resolution of the situation will not increase expenses for the Guest, including increased Reservation Payments or other expenditures. A Guest’s exclusive remedies against Kuero in any of the above-described events are to: (i) accept Kuero’s alternative Accommodation arrangements or (ii) cancel the remaining portion of the accommodation agreement and receive a reimbursement proportional to the length of the reservation term cancelled.
Limitation of Liability
To the maximum extent permitted by law, you accept all risk related to your use of the Site and Services. Neither Kuero nor any party involved in creating, producing or delivering the Site or Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the costs of substitute products or services, damages for personal or bodily injury or emotional distress associated with use of the Site or Services or in any way in connection with these Terms, or for any damages for which you are held liable in connection with your stay in an Accommodation even if a limited remedy set forth herein is found to have failed its essential purpose. Your exclusive remedy against Kuero in any way connected to your use of the Site or Services is to discontinue your use of the Site or the Services. You hereby waive and release any and all statutory, equitable or common law remedies for monetary damages you may have against Kuero in connection with any damage related to these Terms, the Site, the Services or your stay in an Accommodation. All limitations on liability in these Terms and the exclusive remedies described herein are fundamental bases of the bargain between you and Kuero.
Our Guest Experience staff will contact the Guest upon confirmation of Reservation to request his/her flight information. This information is necessary for Kuero to monitor the Guest’s flight and take any and all appropriate measures related to scheduling and/or rescheduling the check-in process. If the Guest misses or changes his or her flight or any other changes to the Guest’s flight information occur, the Guest must inform Kuero as soon as practicable.
Supplies at the Accommodations
The Accommodations will be supplied with basic hygiene products, including towels, toilet paper and soap. Kuero offers Guests the optional Services of supplying the Accommodations with beverages and snacks throughout the Guest’s stay. We will charge you for the cost of beverages and snacks in addition to an administrative fee; you will be informed of the relevant administrative fee at the time you request this Service.
Please inform Kuero of any special request via email before making your Reservation so that Kuero can verify whether your request can be met. Special requests may be subject to additional charges; Kuero will notify you of the proposed additional charges for your special request in writing for your authorization. Kuero shall not be responsible for your failure to notify us of any special request or necessity and shall not be liable, and shall not make any reimbursement, to any Guest whose stay is inadequate as a result of a failure to appropriately notify us of said special request or necessity.
Concierge Cancellation Policy
There will be no refund for the cancellation of any service (including, a la carte, pre-stocking of the home, tours, and activities) that is made after you confirm said service with Kuero, either via written confirmation or by paying for the service. Kuero acts on your behalf as your agent to schedule and confirm these services, and once it is scheduled and confirmed, you are obligated to pay Kuero. Please note that rescheduling an activity is the equivalent of canceling it and scheduling a new one.
Payment Processing Errors
We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your access and use of the Site, Content or Services. In connection with your use of our Site and Services, you may not and you agree that you will not:
(i) Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
(ii) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site or Content;
(iii) use the Site, Content or Services for any commercial or other purposes that are not expressly permitted by these Terms;
(iv) copy, use, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
(v) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or any other legal or contractual rights;
(vi) interfere with or damage our Site, Content or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(vii) use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
when acting as a Guest or otherwise, recruit or otherwise solicit any Owner or other Guest to join third party services or websites that are competitive to Kuero, without Kuero’ prior written approval;
(viii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(ix) use automated scripts to collect information or otherwise interact with the Site, Content or Services;
(x) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
(xi) systematically retrieve data or other content from our Site, Content or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(xii) use, display, mirror or frame the Site or the Content, or any individual element within the Site, Content or Services, Kuero’s name, any Kuero trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Kuero’ express written consent;
(xiii) access, tamper with, or use non-public areas of the Site, the Content, the Services or Kuero’ computer systems;
(xiv) attempt to probe, scan, or test the vulnerability of any Kuero system or network or breach any security or authentication measures; and
(xv) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Kuero will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Kuero may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. Kuero may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Kuero or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Kuero, the users, or members of the public. You acknowledge that Kuero has no obligation to monitor your access to or use of the Site, Services or Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, or to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Kuero reserves the right, at any time and without prior notice, to remove or disable access to any Content that Kuero, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Content are protected by copyright, trademark and other laws of Greece and foreign countries. You acknowledge and agree that the Site, the Content and the Services, including all associated intellectual property rights, are the exclusive property of Kuero and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Content.
Kuero Content and User Content License
Subject to your compliance with these Terms, Kuero grants you a limited, non-exclusive, non-transferable license, solely for personal, non-commercial use, to access and view Content to which you are permitted access.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kuero or its licensors, except for the licenses and rights expressly granted in these Terms.
If you submit User Content to Kuero through our website, by email or by any other means, you permit us to and we may, in our sole discretion, post, upload, publish, submit or transmit the User Content. By making available User Content to Kuero, you grant to Kuero a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, which includes rights to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of or to promote or market the Site and Services. Kuero does not claim any ownership rights in the User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit the User Content.
You represent and warrant that: (i) you either (a) are the sole and exclusive owner of all User Content that you make available to Kuero or (b) you have all rights, licenses, consents and releases that are necessary to grant to Kuero the rights to the User Content as contemplated under these Terms; and (ii) neither the User Content nor your submission or transmittal of the User Content or Kuero’s use of the User Content (or any portion thereof) will result in the violation of any applicable law or regulation or infringe upon, misappropriate, or violate a third party’s intellectual property rights of any kind, moral rights, other proprietary rights, or rights of publicity or privacy.
The Site, Content and Services may contain links to third-party websites or resources. You acknowledge and agree that Kuero is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at [email protected] or through the Contact section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Kuero, and you hereby irrevocably assign to Kuero and agree to irrevocably assign to Kuero all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT KUERO DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON GUESTS OR OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KUERO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KUERO MAKES NO WARRANTY THAT THE SITE, SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KUERO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THAT PROVIDED BY GUESTS OR OWNERS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KUERO OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR GUESTS. YOU UNDERSTAND THAT KUERO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. KUERO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY KUERO OR NOT. KUERO’ APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE OWNERS, KUERO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT, YOUR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE AND SERVICES, YOUR PARTICIPATION IN ANY REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF KUERO WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER KUERO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, CONTENT OR PROGRAMS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR YOUR PARTICIPATION IN ANY AVAILABLE PROGRAMS OR FROM YOUR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KUERO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL KUERO’AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT OR YOUR PARTICIPATION IN ANY AVAILABLE PROGRAMS AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED EUROS (100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KUERO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification and Release
You agree to release, defend, indemnify and hold harmless Kuero and its affiliates, subsidiaries and contractors, and their respective officers, representatives, directors, employees and agents, from and against any claims, liabilities, damages, injuries, losses, and expenses (compensatory, direct, incidental, consequential or otherwise), including, without limitation, reasonable legal and accounting fees and expenses, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Content or your violation of these Terms; (b) your User Content; (c) your interaction with any Guest, Owner or other user of the Site or Services; your (d) booking of an Accommodation; and (e) your use or an Accommodation.
These Terms constitute the entire and exclusive understanding and agreement between Kuero and you regarding the Site, Services, Content and any Reservations of Accommodations made via the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Kuero and you regarding Reservations of Accommodations, the Site, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Kuero’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Kuero may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Kuero (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law; Jurisdiction and Dispute Resolution
These Terms will be interpreted in accordance with the laws of Greece. This section will survive termination of these Terms.
The failure of Kuero to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kuero. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Kuero at [email protected].