Terms of Service

Last updated: 01/09/2023

PLEASE READ THESE TERMS OF SERVICE OF VACAY SHARING CAREFULLY.

Welcome to vacaysharing.com, a website developed, owned and operated by Era Estetica .d.o.o, Županići 4d, Zagreb, Croatia, OIB: 31167311698 (hereinafter ‘we’, ‘us’, or ‘VacaySharing’).

These Terms govern your access to and the use of the services provided by VacaySharing on our platform, which includes vacation home profiles, member profiles, and any other related services and features (collectively referred to as the “Services”) available to our registered users (“Members”).

1. ACCEPTANCE OF TERMS

These Terms apply to all interactions between VacaySharing and Members.

• • You’ll be asked to agree to these Terms to register on our Platform and create your account.
  • Please read these Terms carefully before using our Services.
  • By accessing or using any part of our Platform, you agree to be bound by these Terms.
  • Any new services, features, or tools added to our Platform will also fall under these Terms.
  • We update these Terms periodically; check back for changes occasionally. If you’re a registered user, we’ll notify you through in-app notifications.
  • You can review the most current version of the Terms at any time on this page.

2. DEFINITIONS

• Member – Individual who creates an account on the Platform to view vacation home profiles and participate in our vacation home sharing community.
• Platform – The application through which VacaySharing offers its Services, facilitating Members in viewing vacation home profiles.
• Personal Data – Any information related to an identified or identifiable person.
• Services – All services provided using the Platform, namely: viewing vacation home profiles and member profiles. VacaySharing may withdraw existing Services or add new Services at any time.
• Primary Market – The marketplace where the platform’s administrative team initially offers shares in vacation homes.
• Secondary Market – The marketplace where Members can sell or buy shares of vacation homes that have previously been listed on the Primary Market.

3. ELIGIBILITY

Member represents and warrants to VacaySharing that they have the legal capacity to enter into these legally binding Terms. Services are intended for natural persons with full legal capacity, and should only be used by individuals who are at least 18 years of age.

For security reasons, VacaySharing cannot accept younger customers. Legal entities are also eligible to become Members of the Platform.

By using the Services, the Member is solely responsible for ensuring that the use of the Platform and Services in their jurisdiction is permitted by law.

4. REGISTRATION

To gain access to the Platform, individuals are required to complete the registration process. This involves providing basic personal information such as first name, last name, and email address.

After successfully registering on the Platform, Members have the option to enter additional details, including their location and vacation home preferences. This information aids the VacaySharing administrative team in prioritizing which vacation homes will be introduced to the Primary Market next.

5. SERVICES AND FEATURES

VacaySharing offers three main Services to its Members using its Platform:

• Member Account & Preferences:
  

  Members can register on the Platform, where they are required to fill in personal information. After registration, Members have the option to share their vacation preferences and location. This information assists the Admin in prioritizing which vacation homes to introduce to the Primary Market.

• Primary Market Listings:

  Members can view and apply for shares in vacation homes listed on the Primary Market. These listings include all essential details about the vacation home and are introduced by the Admin.

• Secondary Market Listings:

  When a shareowner decides to sell their shares, those shares are listed on the Secondary Market. Existing Members can then apply to buy these available shares.

Please note that we may, at any time, temporarily or permanently withdraw a Service from the Platform. Services that are already ongoing shall not be affected. We may also specifically deny a Service to a Member for legitimate reasons, including but not limited to, breach of any of the present Terms.

6. FEES AND PAYMENTS 

• Administrative Fee for Home Share Purchase:

  A one-time, non-refundable administrative fee is charged when a Member successfully purchases a share in a vacation home. This fee covers the administrative costs related to setting up and finalizing the co-ownership contract.

• Annual Maintenance Cost:

  Co-owners are obligated to contribute to an annual maintenance fund. This fund is designed to cover costs such as the home’s maintenance, insurance, and other associated expenses. The specific amount will be outlined in each home’s co-ownership agreement.

We reserve the right to modify or discontinue accepted payment methods at any time without notice.

7. ACCEPTABLE USE OF THE WEBSITE

Users of the VacaySharing Platform are expected to use the Platform in a manner that adheres to the services it offers—primarily vacation home co-ownership based on preferences and information provided. Therefore, the following actions are explicitly forbidden:

• Using the Platform in a way that damages, overburdens, or impairs its functionality or interferes with the vacation home co-ownership application process.

• Uploading, publishing, or sharing false or misleading personal information, vacation preferences, or any other information that is required for the service.

• Introducing malicious code, viruses, or other malware that may harm the Platform or compromise the vacation home co-ownership application process.

• Evading any fees or administrative and annual maintenance costs that are integral to purchasing and maintaining a share in a vacation home.

• Attempting unauthorized access to other users’ vacation home co-ownership applications or any other confidential information.

• Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Platform.

We reserve the right, at any time we detect or suspect an action or omission by any user that constitutes a non-acceptable use of our Website, to remove any unlawful content and immediately suspend and/or permanently delete the breaching party’s account without any notice, notwithstanding any other rights available to us as per applicable laws.

8. OWNERSHIP AND INTELLECTUAL PROPERTY

All content of the Platform, including logos, images, graphics, and text, are the intellectual property of VacaySharing or third parties, for whom VacaySharing has obtained a use license. Copying, distributing, storing, reproducing, republishing, modifying, or using any of these intellectual property rights for any purpose is expressly forbidden without prior written permission from VacaySharing. Access to and use of the Platform does not grant or transfer any rights, titles, or interests to you in or to any of this intellectual property.

If you upload your proprietary or intellectual property content to the Platform (such as photos or other personal information), you grant us permission to use this content solely for the provision of our services and the operation of the Platform. Such content will not be used outside the Platform or for any purpose not outlined in these terms.

9. SUPPORT AND SERVICE UPTIME COMMITMENT

Should you require technical support regarding the use of our Platform, you can reach out to us at: [email protected]. Support is available during normal business hours—Monday to Friday from 9:00 am to 7:00 pm (CET).

We aim for a Platform uptime of 99% and will make commercially reasonable efforts to provide at least 48 hours’ notice for any scheduled maintenance that might affect the availability of our Platform. However, due to the nature of the internet, we cannot guarantee uninterrupted, secure, or error-free service.

10. THIRD PARTY CONTENT

The VacaySharing Platform may include links to third-party websites or services for informational purposes. However, we do not own, control, or endorse any of these third-party sites or services. Your interactions with these third-party services are solely between you and the third party and are undertaken at your own risk.

11. LIMITATION OF  WARRANTIES AND LIABILITY 

VacaySharing acts as a facilitator between members aiming to co-own vacation homes. Services are offered “AS IS,” without any guarantees of accuracy, reliability, or suitability.

To the fullest extent permissible by law, VacaySharing disavows all liability for:

• Any violations of laws, regulations, or third-party rights incurred by members.
• Any direct, indirect, incidental, or consequential damages experienced by users, including but not restricted to financial loss or reputational damage, that are not directly attributable to the negligence of VacaySharing.
• Any data breaches or unauthorized access not directly caused by VacaySharing.
• Any issues that arise from force majeure events beyond our control.

12. INDEMNIFICATION

You agree to indemnify and hold harmless VacaySharing, its officers, directors, and employees, from and against any and all liabilities, damages, losses, costs, claims, and expenses (including reasonable attorney’s fees) arising from or related to your violation of these Terms, any applicable laws, or regulations.

13. TERM AND TERMINATION

These Terms, which constitute a legally binding agreement between VacaySharing and each of our users, come into force by acceptance during your registration on the Platform and shall remain in full force and effect for as long as your account on the Platform remains active, i.e., until you delete your account or your account is terminated by us, notwithstanding certain clauses that shall remain in effect even after the deletion/termination of your account, in accordance with applicable laws.

Users may delete their account at any time by sending us an e-mail to: [email protected]

VacaySharing reserves the right to temporarily suspend an account, deny access to certain Services, or permanently delete an account, in case of a breach or suspected breach of the present Terms, without any notification to the breaching user and notwithstanding any other remedies available by law.

14. MISCELLANEOUS

14.1 Notifications

All communications between parties will be conducted through the Platform or via email to the email addresses provided by the parties during registration or by any other suitable means of which there is evidence of receipt to the persons and addresses indicated.

14.2 Severability

If any provision of these Terms is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, while these Terms shall remain in force in all other respects and such provision shall be deemed totally or partially not included.

14.3 Assignment

You may not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms to any third party without prior written consent from VacaySharing.

14.4 Applicable law and jurisdiction

The present Terms shall be construed by and shall be governed in accordance with the laws of Croatia, without regard to its conflict of laws provision. Any dispute arising out of these Terms and/or connected with the use of our Platform and Services shall be settled by the competent courts of Zagreb, Croatia.

14.5 Contact

Should you have any questions or comments regarding these Terms, feel free to contact us at [email protected].