General Terms and Conditions for Guests
(1) These terms and conditions (the "Guests Ts&Cs") govern the relationship between Hexastar Investments Pty Ltd, 11 Scarborough Rd,Redcliffe Qld 4020, Australia ("Agency") and any user of this website and of the content or services available through it (this, or the "site") ("Guest"). Guests include people who use the site to access information about, or to rent, properties. The site www.portugalrent.eu is owned by the Agency and operated by their representatives ("Reps").
(2)The Guest Ts&Cs constitute a legally binding agreement between the Agency and the Guest.
(3)By using or accessing this site, you agree to the Guest Ts&Cs.
(4)The Agency does not authorize anyone to register with this site unless they are able to enter into legally binding contracts.
2. The Basics
This site is a place where Guests can view advertising of, and obtain information about, properties offered for rental ("Properties") by others, including property managers and owners, (collectively, "Owners"), and communicate with those "Owners".
3. Property Listings and Interaction with Owners
(1) Owners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer ("Listings"), for updating them and ensuring (where relevant) that they are correctly translated. Thus, where a listing is linked to an automated translation facility, such as Google Translate, it is the Owner's responsibility to ensure that the resulting translation is accurate, and to correct any deficiencies in it.
(2) If Guests find a Property in which they are interested, they can send an information request to the Agency (an "inquiry") stating their surnames e-mail address and telephone number, and other requested information, without having to log in to the site for the purpose.
(3) The Agency may then communicate with the Guest in connection with the inquiry.
4. Rights and obligations of the Agency
(1) The Agency shall use commercially reasonable efforts to ensure that depictions on the site of the photos of the Properties that Owners have submitted to the Agency are as true and accurate a representation of those photos as practicable. However, Guests acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(2) Further, Guests also acknowledge that Owners - and not the Agency - are responsible for the accuracy with which the photos depict the relevant Property.
(3) The Agency may occasionally undertake upgrades and maintenance of the site. These works may result in restrictions in the usage on the site. The Agency will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Guests' usage is least affected.
(4) Each Guest acknowledges that the Agency is not responsible for checking the identity, or for the behaviour, of Owners or for establishing the nature, condition or existence of a Property that do not manage directly.
5. Rights and obligations of the Guests
The Guests shall follow the rules:
a) Giving the correct information about their contacts, number of people, ages and dates of stay;
b) Pay accordingly to the advertising conditions of each property.
c) Use the property on normal conditions of hygiene, safety and respect for the house rules;
d) Properties are rented for the only use of the described guests up to the limit of guests defined for each property. It is not allowed any others guests to stay, without the written permission of the Provider. In case of Guests not respecting these conditions, will loose the security deposit independently of any further measures for compensation.
6. Right to delete content
Guests are responsible for ensuring that their communications, and content posted, through or in connection with the site, including communications with Owners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults and anything slanderous or defamatory. Without prejudice to any other available measures, the Agency will be entitled immediately to remove from the site any communications or content that infringes these requirements.
7. Liability of Agency
The Agency will not be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, your use of the site and/or any transaction between users, even if the Agency has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site, you do not agree with any part of these Guest Ts & Cs, then your sole and exclusive measure against the Agency is to discontinue using the site.
(1) These Guest Ts & Cs, and the relationship between the Owner and the Agency, shall be governed by and construed in accordance with the laws of Australia and subject to the non-exclusive jurisdiction of the Australian courts.
(2) These Guest Ts & Cs contain the entire agreement between the Agency and Guest relating to their subject matter.
(3) The Agency recommends that each Guest save his/her own copy of these Guest Ts & Cs in a separate file on its PC or in print-out form.
(4) The Agency's failure to act with respect to a breach of these Guest Ts & Cs by the Guest or others does not waive the Agency's right to act with respect to subsequent or similar breaches.
(5) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Guest Ts & Cs.
(6) The invalidity of one or more provisions of these Guest Ts & Cs shall not affect the validity of the other provisions.
Date: 2013 / 01 / 01