Please read these terms of service carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
TERMS OF SERVICE
If you are using the Site or Services and you reside in or outside Greece, you are contracting with CRETICO with respect to use of the Site or Services, and with respect to any payments or payouts from or to you conducted through the Site or Services. The private capital company named as “CRETICO private capital company” with the distinctive title “CRETICO P.C.”, based in Chania Crete (Anagnostou Mandaka Street Nr 92) is hereinafter referred to as "CRETICO", "we", "us", or "our").
The site and services comprise an online platform through which hosts (defined below) may create listings (defined below) for accommodations (defined below) and guests (defined below) may learn about and book accommodations directly with the hosts. You understand and agree that cretico is not a party to any agreements entered into between hosts and guests, nor is cretico a real estate broker, agent or insurer. Cretico has no control over the conduct of hosts, guests and other users of the site and services or any accommodations, and disclaims all liability in this regard to the maximum extent permitted by law.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.
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, OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND SERVICES . IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, THE SERVICES, OR COLLECTIVE 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.
Cretico reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. 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 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 using the Site and Services.
The Site and Services are intended solely for persons who are 18 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.
HOW THE SITE AND SERVICES WORK
The Site and Services can be used to facilitate the listing and booking of residential properties (“Accommodations”). Such Accommodations are included in Listings on the Site and Services by Hosts. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create a CRETICO Account (defined below).
As stated above, CRETICO makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations directly with each other. CRETICO is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other furnished lodgings or Accommodations with a pool, located in Greece, that are recorded in the platform, nor is it a provider of these properties, and in no way does CRETICO own, sell, resell, furnish, provide, rent, re-rent, manage and/or control these properties, or transportation or travel services. Unless explicitly specified otherwise in the CRETICO platform, CRETICO’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. CRETICO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. CRETICO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
In order to access certain features of the Site and services , and to book an Accommodation or create a Listing, you must register to create an account (“CRETICO Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or services, as described below. As part of the functionality of the Site and Services, you may link your CRETICO Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to CRETICO through the Site or Services; or (ii) allowing CRETICO to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to CRETICO and/or grant CRETICO access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating CRETICO to pay any fees or making CRETICO subject to any usage limitations imposed by such third-party service providers. By granting CRETICO access to any Third-Party Accounts, you understand that CRETICO will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site and Services via your CRETICO Account and CRETICO Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your CRETICO Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or CRETICO’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your CRETICO Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. CRETICO makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and CRETICO is not responsible for any SNS Content.
We will create your CRETICO Account and your CRETICO Account profile page for your use of the Site and services based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active CRETICO Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. CRETICO reserves the right to suspend or terminate your CRETICO Account and your access to the Site and Services if you create more than one (1) CRETICO Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your CRETICO Account, whether or not you have authorized such activities or actions. You will immediately notify CRETICO of any unauthorized use of your CRETICO Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms as well as the authorized license of the accommodation (or the license that with certainty is expected to be authorized) from the Greek National Tourism Organization (GNTO). In the latter case it should in any case having in any case received re . In order to be featured in Listings via the Site and Services, all Accommodations must have valid physical addresses as well as the authorized license of the accommodation (or the license that with certainty is expected to be authorized) from the Greek National Tourism Organization (GNTO). Listings will be made publicly available via the Site and Services. Other Members will be able to book your Accommodation via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than in the booking request.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent, are responsible for and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that CRETICO assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, public services ,national or international organizations, applicable laws, rules and regulations. CRETICO reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that CRETICO, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or CRETICO’s then-current Policies and Community Guidelines or otherwise harmful to the Site or Services. Please read the specific article.
If you are a Host, you understand and agree that CRETICO does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and CRETICO is not a party thereto. Notwithstanding the foregoing, CRETICO serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes).
If you are a Host, CRETICO makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)
CRETICO recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
CRETICO may offer Hosts the option of having photographers take photographs of their Accommodations. If you as a Host choose your accommodation to be photographed by Cretico’s professional photographer, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “CRETICO.com Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by CRETICO, including Verified Images, constitute CRETICO Content, regardless of whether you include them in your Listing.
CRETICO does not endorse any Member or any Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by CRETICO of any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although CRETICO may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by CRETICO about any Member or accommodation, including of the Member’s identity or the characteristics of the accommodation and whether the Member or accommodation is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. Unless something different is provided in the agreement between CRETICO and the Host, we are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from CRETICO with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against CRETICO regarding the remittance of payments received from a Guest by CRETICO on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
BOOKINGS AND FINANCIAL TERMS
Bookings and Financial Terms for Hosts:
If you are a Host and a booking is requested for your Accommodation via the Site and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site and Services, we will share with you (i) the first name of the Guest who has requested the booking, (ii) a link to the Guest’s CRETICO Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to CRETICO when the Guest became a Member matches the name that the Guest provided to the SNSs to which the Guest has linked his or her CRETICO Account, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by CRETICO for the requested booking will be refunded to the applicable Guest’s credit or other type of card. When you confirm a booking requested by a Guest, CRETICO will send you an email, text message confirming such as booking, depending on the selections you make via the Site and Services.
If the check-in date is less than 30 days from the date the reservation is made the guest pays at once the total amount of the reservation, else 30% of reservation fees (including service fees) should be paid as soon as a confirmed reservation is made. The rest 70% must be paid at least 30 days prior to the arrival. Cretico will initiate payment of the Accommodation Fees to the Host (less CRETICO’s Host Fees and any Taxes in respect of the Host Fees, including VAT) as long as the Host will confirm the booking request ,and specifically 24 hours after the Guest’s arrival at the applicable Accommodation. The time it takes for the Host to receive payouts may depend upon the method for receiving payouts chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount to CRETICO (whether as a result of your bookings or actions as a Guest or otherwise), then CRETICO may (but is not obliged to) withhold the amount owing to CRETICO from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to CRETICO. If CRETICO does so, then your obligation to pay CRETICO will be extinguished to the extent of the amount withheld by CRETICO, and CRETICO will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Appointment of CRETICO Payments as Limited Payment Collection Agent for Host:
Each Host hereby appoints CRETICO as the Host’s limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Guests.
Each Host agrees that payment made by a Guest through CRETICO, shall be considered the same as a payment made directly to the Host, and the Host will make the Accommodation available to the Guest in the agreed-upon manner as if the Host has received the Accommodation Fees. Each Host agrees that CRETICO may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host understands that as CRETICO Payments accepts payments from Guests as the Host’s limited payment collection agent and that CRETICO Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. CRETICO does not guarantee payments to Hosts for amounts that have not been successfully received by CRETICO from Guests. In accepting appointment as the limited authorized agent of the Host, CRETICO Payments assumes no liability for any acts or omissions of the Host.
Please note that CRETICO does not currently charge fees for the creation of Listings.
Bookings and Financial Terms for Guests:
The Hosts, not CRETICO, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not CRETICO, will be responsible for performing the obligations of any such agreements, that CRETICO is not a party to such agreements, and that, with the exception of its payment obligations hereunder, CRETICO disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that CRETICO is not a party to the agreement between you and the Host, CRETICO acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to CRETICO, your payment obligation to the Host for the Accommodation Fees is extinguished, and CRETICO is responsible for remitting the Accommodation Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT), in the manner described in these Terms. In the event that CRETICO does not remit any such amounts as described in these Terms, such Host will have recourse only against such CRETICO entity.
The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by CRETICO will be refunded to such Guest, depending on the selections the Guest makes via the Site.
You as a Guest agree to pay CRETICO the total amount of the reseration, if the check-in date is less than 30 days from the date the reservation is made, else 30% of reservation fees (including service fees) should be paid from the moment that your booking request is accepted by the Host through CRETICO’s platform. You will pay the rest 70%, at least 30 days prior your arrival at the villa. Please note that CRETICO cannot control any fees that may be charged to a Guest by his or her bank related to CRETICO’s collection of the Total Fees, and CRETICO disclaims all liability in this regard.
Hosts may choose to include security deposit in their Listings (“Security Deposit”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If there is such an indication in the relevant listing , the collection of the security deposit will be done together with the collection of the Total fees , so after the guest’s completion of stay in the accommodation and its thorough examination from the host the relevant security deposit will be refunded interest-free to the guest’s account. Aim of this security deposit is to cover any claims of the host against the guest due to the latter’s residence in the accommodation (e.g. due to damages in the accommodation), in no way though it can be set off against host’s claim for payment by the guest.
CRETICO will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but CRETICO is not responsible neither for administering or accepting any claims by Hosts related to Security Deposits nor for any claims of the host against the guest which are not being covered from the security deposit, acting in any case as the payment collection agent of the Host (and in behalf of him), disclaiming any and all liability in this regard.
If –for any reason that is not hereby predicted - CRETICO will be regarded as responsible against the host, it is expressively defined that this responsibility will be up to the amount of the security deposit.
In consideration for the use of CRETICO’s online marketplace and platform, CRETICO charges the Service Fees. Where applicable, Taxes (such as VAT) may also be charged in respect of the Host Fees and Guest Fees. CRETICO deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by CRETICO to Hosts via check, PayPal, direct deposit or other payment methods described on the Site, depending upon the selections the Host makes via the Site and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.
GENERAL BOOKING AND FINANCIAL TERMS
Cancellations and Refunds:
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, CRETICO will refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site . The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host.
If a Host cancels a confirmed booking made via the Site and Services: (i) CRETICO will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from CRETICO containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay CRETICO the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from CRETICO, please contact Cretico at [email protected] .
If, as a Host, you cancel a confirmed booking, CRETICO may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, CRETICO may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site and Services. CRETICO may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy at https://creti.co/pages/guest-refund-policy. You agree that CRETICO and the relevant Guest or Host will not have any liability for such cancellations or refunds.
In some instances, Guests may be required to make recurring, incremental payments toward the Total amount owed for a confirmed booking until the beginning of his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Guest authorizes CRETICO, on behalf of the Host, to collect the Total amount and the Host agrees that such CRETICO entity will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site and Services.
CRETICO may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (namely the euro currency); for example, CRETICO will round up an amount of 101.50€ to 102.00€, and 101.49€ to 101.00€.
Payment Processing Errors:
We will take steps to rectify any payment processing errors that we become aware of. 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.
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. CRETICO cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Host, CRETICO may issue a valid VAT invoice to such Host.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Accommodation is located may require Taxes to be collected by Hosts from Guests on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, "Occupancy Taxes").
CRETICO may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of and in-lieu of Hosts, if such tax jurisdiction asserts CRETICO or Hosts have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate collection and remittance of Occupancy Taxes, whether you are a Guest or Host you hereby instruct and authorize CRETICO to collect Occupancy Taxes from Guests on behalf of and in lieu of Hosts at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When CRETICO facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, CRETICO will provide notice to Hosts with relevant Listings for Accommodations. The amount of Occupancy Taxes collected and remitted through facilitation by CRETICO, if any, will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Guests and Hosts agree that when CRETICO facilitates collection and remittance of Occupancy Taxes on behalf of and lieu of Hosts, such Hosts are not permitted to also collect and/or remit such taxes on any portion of the Accommodation Fees. If in Greece does not apply or it has not been provided notice of, or in any case CRETICO cannot facilitate collection and remittance of Occupancy Taxes to the relevant Tax Authority, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations. If finally CRETICO facilitates collection and remittance of Occupancy Taxes, Hosts and Guests expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions.
Whether you are a Guest of Host, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by CRETICO in connection with collection and remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by CRETICO from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
Damage to Accommodations:
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, 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. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond. CRETICO also reserves the right to pursue any avenues available to CRETICO in this regard, including using Security Deposits, in situations in which you have been determined, in CRETICO’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts, and in relation to any payments made by CRETICO to Hosts. You agree to remit payment for any damage to the Accommodation to the applicable Host or to CRETICO (if applicable).
Both Guests and Hosts agree to cooperate with and assist CRETICO in good faith, and to provide CRETICO with such information and take such actions as may be reasonably requested by CRETICO , in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by CRETICO or a representative of CRETICO regarding use or abuse of the Site or the Services. If you are a Guest, upon CRETICO’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by CRETICO or a third party selected by CRETICO, with respect to losses for which the Host is requesting payment from CRETICO.
If you are a Guest, you understand and agree that CRETICO reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation. You agree to cooperate with and assist CRETICO in good faith, and to provide CRETICO with such information as may be reasonably requested by CRETICO, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as CRETICO may reasonably request to assist CRETICO in accomplishing the foregoing.
It should be noted that all the payments are made in euro currency (€) defining this as the sole currency permissible for the transactions being made through the CRETICO platform.
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 use of the Site, Services and Collective Content. In connection with your use of the Site Services and Collective Content, you may not and you agree that you will not:
CRETICO has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
CRETICO 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 CRETICO 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 CRETICO, its users, or members of the public . You acknowledge that CRETICO has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member 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, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. CRETICO reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CRETICO, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Furthermore it is hereby referred that CRETICO undertakes the responsibility to fulfill the obligations arising according to the greek Law 2472/1997 (concerning a person’s protection from processing its personal data) and according to the relevant decisions , instructions and regulations of the Authority for protection of Personal Data.
INTELLECTUAL PROPERTY AND CRETICO’S COPYRIGHT POLICY
The Site, Services, and Collective Content are protected by copyright, trademark, and other greek laws, such as the Law 2472/1997. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of CRETICO. 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 Collective Content.
All trademarks, service marks, logos, trade names and any other proprietary designations of CRETICO used herein are trademarks or registered trademarks of CRETICO . Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
CRETICO respects copyright law and expects its users to do the same. It is CRETICO’s policy to terminate in appropriate circumstances the CRETICO accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The commercial and economic advantages from the use and the exploitation of CRETICO’s platform, webpage and services belong only and exclusively to CRETICO.
CRETICO’S CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, CRETICO grants you a limited, non-exclusive, non-transferable license, to (i) access and view any CRETICO Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
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 Collective 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 CRETICO or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to CRETICO a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. CRETICO does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to CRETICO the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or CRETICO’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that CRETICO 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. Links to such websites or resources do not imply any endorsement by CRETICO of such websites or resources or the content, products, or services 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 or the Content, 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 “Help” section of the Site (https://cretico.freshdesk.com/support/home). You acknowledge and agree that all Feedback will be the sole and exclusive property of CRETICO and you hereby irrevocably assign to CRETICO and agree to irrevocably assign to CRETICO 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. At CRETICO’s request and expense, you will execute documents and take such further acts as CRETICO may reasonably request to assist CRETICO to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
SUSPENSION, TERMINATION AND CRETICO ACCOUNT CANCELLATION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your CRETICO Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your CRETICO Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your CRETICO Account, your Member Content, or receive assistance from CRETICO Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Accommodations with other Hosts that may be available on the Site and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your CRETICO Account. Any member (host, guest) may cancel his/her CRETICO Account at any time by sending an email at [email protected]. Please note that if your CRETICO Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
If you choose to use the site, services or collective content, you do so at your sole risk. You acknowledge and agree that cretico does not have an obligation to conduct background checks on any member, including, but not limited to, guests and hosts, but may conduct such background checks in its sole discretion. The site, services, collective content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, cretico 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. Cretico makes no warranty that the site, services, collective content, including, but not limited to, the listings or any accommodations, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Cretico makes no warranty regarding the quality of any listings, accommodations, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site or services.
No advice or information, whether oral or written, obtained from cretico or through the site, services or collective 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 hosts or guests. You understand that cretico does not make any attempt to verify the statements of users of the site or services or to review or visit any accommodations. Cretico 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 hosts, particularly if you decide to meet offline or in person. Notwithstanding cretico’s appointment as the limited payment collection agent of the hosts for the purpose of accepting payments from guests on behalf of the hosts, cretico 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 collective content, your listing or booking of any accommodations via the site, and services, and any contact you have with other users of cretico whether in person or online remains with you. Neither cretico nor any other party involved in creating, producing, or delivering the site, services or collective content 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 collective 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 from your listing or 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 cretico 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 to pay amounts to applicable hosts pursuant to these terms arising out of or in connection with these terms and your use of the site and services including, but not limited to, from your listing or booking of any accommodation via the site and services, or from the use of or inability to use the site or collective content and in connection with any accommodation or interactions with any other members, 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 if you are a host, the amounts paid by cretico to you in the twelve (12) month period prior to the event giving rise to the liability. 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 cretico 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.
You agree to release, defend, indemnify, and hold CRETICO 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 (a) your access to or use of the Site,Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation;
By using the Site and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a place that has been designated by the greek Government as a “terrorist supporting” country and (ii) you are not listed on any greek Government list of prohibited or restricted parties. You also will not use the Site and Services for any purpose prohibited by greek or international law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to CRETICO by contacting us with your police station and report number at [email protected] ; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. The agreement between CRETICO and owners concerns their legal relationship and binds solely and only these contracting parties.
These Terms constitute the entire and exclusive understanding and agreement between CRETICO and you regarding the Site, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CRETICO and you regarding bookings or listings of Accommodations, the Site, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without CRETICO’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CRETICO 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 CRETICO (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 AND JURISDICTION
To resolve any dispute arising from these terms the greek law and legislation will be applied. The courts located in the city of Chania (in the island of Crete in Greece) are designated as the exclusively competent courts to resolve the disputes arising from these terms and for which any of the parties has retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction in order to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, only if the relevant dispute cannot be resolved through mediation according to the above mentioned in the following paragraph.
DISPUTE RESOLUTION - AGREEMENT TO RESORT TO MEDIATION
You and CRETICO agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Services (collectively, “Disputes”) will be settled by binding minute of mediation arbitration , except the case in which each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and CRETICO are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Especially according to the current Greek Law 3898/2010 (Law for the use of mediation in cases of civil and commercial interest) , mediation is a procedure in which two or more parts of a dispute try voluntarily to resolve with a common agreement this dispute with the assistance of the mediator. This procedure has nothing to do with the attempt for conciliation through the magistrate or the tribunal during a trial according to the articles 208 and on, and the article 233 par. 2 of the Greek code of civil procedure . As a mediator is defined a third person ,irrelevant with the parties, who is an accredited mediator , regulating the procedure with a proper, efficient and impartial way, regardless of the way he was chosen or undertook to perform the relevant mediation.
Mediation Process. In the mediation process the parties perform and are represented by a lawyer. The mediator is defined by the parties according to the list of the accredited mediators of the Ministry of Justice, Transparency and Human Rights (http://www.ministryofjustice.gr/site/LinkClick.aspx?fileticket=ASPUlh-MGr8%3d&tabid=457) . If the parties are unable to agree upon an arbitrator within seven (7) days of the commence of the mediation procedure, then the formal organization responsible for the mediation will appoint the arbitrator in accordance with the current regulations and Rules of mediation. The mediation procedure is defined from the mediator in cooperation with the parties, which can terminate the mediation procedure whenever they wish. The mediation procedure is confidential and no records are kept. The mediator can communicate and meet in the context of mediation with each party. Information taken by the mediator during the mediaton with the one party are not disclosed to the other party without the consent of the former one.
Mediation agreement. The mediator draws the minutes of mediation , in which are referred the mediator’s name and surname, the place and tie of mediation, the names and surnames of the parties, the present agreement to resort to mediation according to the present terms, the final agreement of the parties after the mediation or the establishment of mediation’s failure as well as the cause of the dispute. After the completion of the mediation procedure the minutes are signed from the mediator , the parties and their lawyers. The original minutes are deposited by the mediator ,after the request of at least one party, in the Registry of the court of first instance , in the region of which the mediation was conducted. In case of mediation failure the minutes can be signed only by the mediator. Finally the mediator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. From the deposit in the Registry of the court of first instance, the mediation immunes -as long as they include an agreement of the parties for the existence of the claim- they are enforceable according to the article 904 s.2 ss. C of the Greek code of Civil Procedure.
FEES AND EXPENSES
If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. CRETICO will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
The mediator is being paid hourly and for 24 hours maximum, in which his preparation time for the mediation procedure is included. The height of the mediator’s payment per hour is defined and adjusted according to the relevant decision of the Minister of Justice, Transparency and Human Rights.
Changes. Notwithstanding the provisions of the “Modification” section above, if CRETICO changes this term for “Dispute Resolution-Agreement to resort to mediation” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected] ) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of CRETICO’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and CRETICO in accordance with the provisions of this term “Dispute Resolution- Agreement to resort to mediation” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of CRETICO 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 CRETICO. 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 or services provided, please contact CRETICO at [email protected] .