It’s important to read our terms and conditions carefully as they contain information regarding your legal rights. These include your obligations to comply with applicable laws and regulations.
Trafalco provides an online platform where Hosts can advertize their unique accommodations and through which potential Guests can connect with the Hosts and make an inquiry (collectively, the “Services”), which Services are accessible at www.Trafalco.com and any other websites through which Trafalco.com makes the Services available (collectively, the “Site”).
The site and Services comprise an online platform through which property representatives may create listings for accommodations and travelers may learn about and book accommodations directly with the property representative (Host). Trafalco does not own, manage, or operate any of the accommodations listed on its Site; sell, resell, offer, deliver, or supply any listings or Host services; nor is Trafalco an organizer or retailer of travel packages. You understand and agree that Trafalco is not a party to any agreements entered into between property representative and travelers, nor is Trafalco.com a real estate broker, agent or insurer. Trafalco has no control over the conduct of property representatives, travelers and other users of the Site and Services or any accommodations. Trafalco doesn’t manage bookings nor payments for Hosts nor Guests. Hosts alone are responsible for their listings and Host services. Trafalco only acts as an advertizing platform.
All the information regarding the accommodations listed on the Site is publicly available information or based on the information provided to us by the Hosts. The Host is always responsible for the information disclosed on the listings. Hosts have access to create, modify and delete listings via the administration tool on the Site (Dashboard). Through which Hosts are responsible for updating all content. Trafalco cannot guarantee that the information is accurate, is not responsible for any errors. Each Host is solely responsible at all times for the quality, condition, safety and legality of the accommodations advertised, accuracy and correctness of the listing information on our Site.
2. Eligibility and user verification
The Site and Services are intended solely for persons who are at least 18 years old. Any access to use the Site or Services by anyone under 18 is expressly prohibited. By using Trafalco’s services, you represent and warrant that you’re 18 or older and have the legal capacity and authority to enter into a contract.
We do not assume any responsibility for the confirmation of any member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of members. Trafalco reserves the right to notify Users when it learns of actual or suspected fraud or illegal activity in connection with the Site or the Services, however Trafalco does not assume any responsibility or liability for the fraud or illegal activity of a User and hereby disclaims any express or implied warranties or obligations with respect to making accurate or timely warnings when it knows or has reason to know that a User is using the Site or the Services in a fraudulent or illegal manner.
Trafalco reserves the right, at its sole discretion, to modify the Site or Services, or to modify these Terms at any time and without prior notice. If any modifications are made to the Terms, such notification will be posted on these Terms on the Site. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a medication, 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 using the Site and Services.
4. Platform use
We will do every reasonable effort to ensure the availability of the Site. Due to the nature of the Internet, this cannot be guaranteed. The Site is subject to constant change and we reserve the right to suspend of restrict access to (any part of) the Site, without notice for repair, maintenance, updates or service additions. You agree that we’re not liable to you or any third party for any failure or suspension of (part of) the Site.
We’re not responsible for the availability of any external sites or resources. We do not endorse and are not responsible of liable, directly or not, for the privacy policies or the content of any third party website, such as but without limitation, any advertising, products, services or materials available from such websites, not for any damage, loss of offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
5.2 Property representatives
You are responsible for any activity involving your host account. You are responsible for having appropriate civil liability insurance for your services as a host in accordance with the laws of the country where the accommodation is located.
In order to create a listing, hosts will be required to provide certain information about the accommodations to be listed, including, but not limited to, location and surroundings, capacity, amenities and facilities and photos. Hosts can continue make changes when necessary to the content. You agree that all the information provided is accurate and up-to-date. You release Trafalco from any liability and agree that you are solely responsible for any matter or issue regarding any applicable laws, taxes, or any other regulation regarding your use of this Site and your accommodations, listings.
Please be aware that Trafalco reserves the right to refuse the listing of any accommodation, at any time, for any reason, and without any liability to you. Trafalco may enable hosts, visitors, third parties to create, upload, post, transmit, publish and store photos, text, videos, content on or through the Site and access and view host, visitors or third parties content and any content that Trafalco itself makes available on or through the Site, including Trafalco’s content and any content licensed or authorized for use by or through Trafalco from a third party.
Trafalco doesn’t charge any subscription fee for listing accommodations on the Site or using our basic services. We don’t charge reservation or booking fees or commissions as we have absolutely no involvement in the reservation process. Neither do we charge fees to visitors for the use of the Site and Services. We do offer paying formulas to Hosts to upgrade their account.
Our rates and fees are subject to change without notice or approval. Trafalco has the right to change fees to Hosts and/or visitors in consideration for the use of the Site and the Services provided. If you can’t accept such change, your sole remedy is to terminate these Terms and to cease using our services.
Hosts are permitted to create, post, upload, publish submit or transmit content. By making available any content on or through the Site, you grant to Trafalco a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, publicly perform, transmit, stream, broadcast, and access such content on, through or by means of the Site. We don’t claim any ownership rights to any such content.
You acknowledge and agree that you are solely responsible for all content uploaded, created, transferred, and sent through the Site. You confirm that you either are the sole and exclusive owner of all content that you make available through the site or you have all rights, licenses, consents, and releases that are necessary to ensure Trafalco the rights in such content.
You agree that Trafalco has the right to use any photos that you’ve made available on or through the Site. We have the right to use any of the photos on your dashboard/profile for advertizing, marketing and/or any other business purposes in any media or platform, in relation to you listing or otherwise, without further notice or compensation to you.
In connection with your use of the Site, Services and collective content, you may not and you agree that you will not:
- Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, scrape, crawl or spider any web pages or other services contained in the Site, Services or collective content;
- Use the Site, Services or collective content for any commercial or other purposes that are not expressly permitted by these Terms such as the distribution of commercial email (spam) or advertisements unrelated to the subject (non-limited);
- Copy, store or otherwise access or use any information contained on the Site, Services or collective content for purposes not expressly permitted by these Terms;
- Infringe the rights of any person or entity, incl without limitation, their intellectual property, privacy, publicity or contractual rights;
- Interfere with or damage our Site or Services in any way (including without limitation, by hacking);
- Use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity such as photographs without permission, personal contact information or card numbers (without limitation);
- Stalk or harass any other user of our Site or Services;
- Offer, as a property representative (Host), any accommodation that you do not own yourself or have permission to rent as a residential or other property;
- Contact a property representative (Host) for any purpose other than asking a question related to a booking, or to obtain information concerning availability;
- Contact a visitor for any purpose other than asking a question related to a booking;
- Recruit or otherwise solicit any Host or other member to join third-party services or websites, without Trafalco’s prior written approval;
- As a property representative, submit any listing with false or misleading price information, or submit any listing with a price that you do not intend to honor;
- Post, publish, submit or transmit any content that may: misappropriate, infringe or violate a third party’s patent, copyright, trademark or other rights; be fraudulent, misleading, obscene, pornographic or offensive; promote discrimination, racism or hatred; Use, mirror, display or frame the Site, Services or collective content, or any individual element, our name, layout and design.
These Terms are exclusively governed by, and construed in accordance with, Belgium law whose courts will have exclusive jurisdiction in any dispute, save that, to enable us to protect our interests and the interests of our Licensors, we have the right, at our sole discretion, to commence and pursue proceedings in other jurisdictions.