Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Microcosmocreta website, you agree to comply with and be bound by these Terms of Service.
Thank you for using Microcosmocreta!
These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Microcosmocreta (as defined below) governing your access to and use of the Microcosmocreta website (“Microcosmocreta Site“).
Booking and cancellation policies and payments terms are available in Booking – Payment Terms – Cancellation Policy section of Microcosmocreta Site.
Hosts (as defined below) alone are responsible for identifying, understanding, and complying with all applicable laws, rules and regulations that apply to their Listings and Host Services (as defined below). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer.
- Scope of Microcosmocreta Services
1.1 The Microcosmocreta Site is a service that provides general touristic information about Crete and enables users (“Guests”) to book host services offered by third parties who offer such services (“Host Services” and the third parties offering them “Hosts”). Host Services may include the offering of vacation or other properties for use (“Accommodations“), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the Microcosmocreta Site, Microcosmocreta does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Host Services. Hosts alone are responsible for their Host Services. When Guests or Hosts make or accept a booking, they are entering into a contract directly with each other. Microcosmocreta is not and does not become a party to or other participant in any contractual relationship between Guests and Hosts, nor is Microcosmocreta a real estate broker or insurer.
1.3 While we may help facilitate the resolution of disputes, Microcosmocreta has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any descriptions, ratings, reviews or (iii) the performance or conduct of any Host or third party.
1.4 The Microcosmocreta Site may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Microcosmocreta is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Microcosmocreta of such Third-Party Services.
1.5 Due to the nature of the Internet, Microcosmocreta cannot guarantee the continuous and uninterrupted availability and accessibility of the Microcosmocreta Site. Microcosmocreta may restrict the availability of the Microcosmocreta Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Microcosmocreta Site. Microcosmocreta may improve, enhance and modify the Microcosmocreta Site and introduce new Microcosmocreta Services from time to time.
- Eligibility, Using the Microcosmocreta Site, Guests Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Microcosmocreta Site. By accessing or using the Microcosmocreta Site you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that.
- Modification of these Terms
Microcosmocreta reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Microcosmocreta Site and update the “Last Updated” date at the top of these Terms. We will also provide you with adequate information of such modifications.
4.1 The Microcosmocreta Site and any content therein may in its entirety or in part be protected by copyright, trademark, and/or other applicable laws. You acknowledge and agree that the Microcosmocreta Site and relevant content, including all associated intellectual property rights, are the exclusive property of Microcosmocreta and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Microcosmocreta Site or content. All trademarks, service marks, logos, trade names, and any other source identifiers of Microcosmocreta used on or in connection with the Microcosmocreta Site and relevant content are trademarks or registered trademarks of Microcosmocreta. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Microcosmocreta Site and content are used for identification purposes only and may be the property of their respective owners.
4.2 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Microcosmocreta Site or relevant content.
- Service Fees
5.1 Microcosmocreta may charge fees to Guests (“Guest Fees” or “Service Fees“) in consideration for the booking of Host Services, that will be included in the Total Fees (as defined below) agreed before the booking and paid to the Host.
5.2 Microcosmocreta reserves the right to change the Service Fees at any time, and we will provide Guests adequate notice of any fee changes before they become effective. No changes will apply to Host Services already booked at the time of the implementation of such change.
5.3 You are responsible for paying any Service Fees as well as the Total Fees for any Host Service you book in accordance with the payment terms available in Booking – Payment Terms – Cancellation Policy section of Microcosmocreta. Except as otherwise provided on the Microcosmocreta Site, Service Fees are non-refundable.
- Terms specific for Guests
6.1 Subject to meeting any requirements (such as completing any verification processes) set by the Microcosmocreta and the Host, you can book Host Services available on the Microcosmocreta Site by following the respective booking process available on Booking – Payment Terms – Cancellation Policy section of Microcosmocreta (“Listing”). All applicable fees, including the fees due to the Host (“Listing Fees”), Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking. You agree to pay the Total Fees for any booking requested in connection with your Listing following the Payment Terms.
6.2 Upon receipt of a booking confirmation from Microcosmocreta, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.
6.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Host Service if accompanied by an adult who is responsible for them.
6.4 You understand that a confirmed Listing is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
6.5 You agree to leave the Accommodation no later than the checkout time specified in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees“). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay.
- Booking Modifications, cancellations and refunds
7.1 Guests are responsible for any modifications to a booking that they make via the Microcosmocreta Site (“Booking Modifications“), and agree to pay any additional Listing Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
7.2 Guests can cancel a confirmed booking at any time subject to the Listing’s Cancellation Policy Microcosmocreta will provide any refund to the Guest in accordance with such cancellation policy.
7.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking.
7.4 In certain circumstances, Microcosmocreta may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons where Microcosmocreta believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Microcosmocreta, Guests, third parties or property, or (ii) for any of the reasons set out in these Terms.
- Damage to Accommodations, disputes between Hosts and Guests
8.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
8.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation, the Host and Microcosmocreta will be entitled to seek any available legal remedies against You.
- Prohibited Activities
9.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Microcosmocreta Site. In connection with your use of the Microcosmocreta Site, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
- use the Microcosmocreta Site or the relevant content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Microcosmocreta endorsement, partnership or otherwise misleads others as to your affiliation with Microcosmocreta;
- use the Microcosmocreta Site in connection with the distribution of unsolicited commercial messages (“spam”);
- use the Microcosmocreta Site to request, make or accept a booking independent of the Microcosmocreta Site, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Microcosmocreta SIte. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Microcosmocreta harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the Microcosmocreta Site or content, or any individual element within the Microcosmocreta Site, Microcosmocreta ‘s name, any Microcosmocreta trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Microcosmocreta Site, without Microcosmocreta ‘s express written consent;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Microcosmocreta Site for any purpose;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Microcosmocreta SIte;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- Term and Termination, Suspension and other Measures
10.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Microcosmocreta terminate the Agreement in accordance with this provision.
10.2 You may terminate this Agreement at any time by sending us an email. If you do so, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
10.3 Without limiting our rights specified below, Microcosmocreta may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
10.4 Microcosmocreta may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms or the Payments Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Microcosmocreta believes in good faith that such action is reasonably necessary to protect the personal safety or property of Microcosmocreta or of third parties.
10.5 In addition, Microcosmocreta may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) Microcosmocreta becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Microcosmocreta believes in good faith that such action is reasonably necessary to protect the personal safety or property of Microcosmocreta, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Microcosmocreta Site.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Microcosmocreta and an opportunity to resolve the issue to Microcosmocreta’s reasonable satisfaction.
If you choose to use the Microcosmocreta Site or relevant content, you do so voluntarily and at your sole risk.
You agree that some Host Services may carry inherent risk, and by participating in those Host Services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Microcosmocreta from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
12.1 Microcosmocreta is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Microcosmocreta is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Microcosmocreta in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Microcosmocreta is excluded.
You agree to release, defend (at Microcosmocreta’s option), indemnify, and hold Microcosmocreta and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms (ii) your improper use of the Microcosmocreta Site or any Microcosmocreta Services, (iii) your interaction with any Host, stay at an Accommodation or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Microcosmocreta’s collection and remittance of occupancy taxes, or (v) your breach of any laws, regulations or third party rights.
- Applicable Law and Jurisdiction
14.1 These Terms will be interpreted in accordance with the law of the European country in which you are resident. If you are not resident in an European country, these Terms shall be interpreted in accordance with the Greek law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Greek courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Greece or a court with jurisdiction in your place of residence. If Microcosmocreta wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Greek courts.
- General Provisions
15.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Microcosmocreta and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Microcosmocreta and you in relation to the access to and use of the Microcosmocreta Site.
15.2 No joint venture, partnership, employment, or agency relationship exists between you and Microcosmocreta as a result of this Agreement or your use of the Microcosmocreta Site.
15.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
15.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.5 Microcosmocreta’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
15.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Microcosmocreta’s prior written consent. Microcosmocreta may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
15.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Microcosmocreta via email.
15.8 If you have any questions about these Terms please email us to firstname.lastname@example.org