THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A SECTION REGULATING THE JURISDICTION AND VENUE OF DISPUTES.
Last update: 1/10/2012
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR SPACE FOR RENT (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT A POPULAR PARTY OR EVENT AND BOOK THAT SPACES. YOU UNDERSTAND AND AGREE THAT MYBALCONY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS MYBALCONY A REAL ESTATE BROKER, AGENT OR INSURER. MYBALCONY HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY SPACE CONDITIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"Mybalcony Content" means all Content that Mybalcony makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and Mybalcony Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Guest" means a Member who requests a booking of an Space rent via the Site, Application or Services, or a Member who stays at an Space for rent and is not the Host for such Space for rent.
"Host" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means an Space that is listed by a Host as available for rental via the Site, Application, and Services. Each list corresponds to a Space for rent. A Host is able to publish several lists.
You, as the Host, publishing a list of Spaces for rent, are committed to offering available, for the enjoyment of the event or events taking place in the streets, that Space for rent; furthermore the Guest will have the right to enjoy other rooms of the property as (i) bath and / or toilet and (ii) the next room to Space for rent for the case of balconies, terraces or windows.
You, as a Guest, renting a Space, have the exclusive right to enjoy the rented space, but have no right to use exclusively the next room associated with the rented space for the case of balconies, terraces or windows. The next room use can be shared with other visitors in the case of contiguous space that has more than one Space for rent. An example is a living room with two balconies.
“Spots rentals” it is reserving the right by the visitor to enjoy a space for one person in a room, balcony, terrace, roof or window as the case may be, SHARED with other users who have also made a reservation in that place.
“Private room rentals” it is reserving the right by the visitor to enjoy both rooms, bedrooms, balconies, terraces, roofs or windows, as appropriate, and the enclosed space to them in the case of balconies or windows, EXCLUSIVELY for a group of people according to the capacity of the room.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT, IVA), and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (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, Application, 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, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION 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 APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, 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.
Mybalcony reserves the right, at its sole discretion, to modify the Site, Application 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 via the Application 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, Application or Services after we have posted a modification on the Site or via the Application 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, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of spaces at building facades to enjoy a public celebration in streets ("Spaces for rent"). Such Spaces for rent are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Space for rent or create a Listing, you must first register to create an Mybalcony Account (defined below).
As stated above, Mybalcony makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Spaces for rent. Mybalcony is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other private companies spaces, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other private companies spaces and Mybalcony does not own, sell, resell, furnish,
provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other private companies spaces or transportation or travel services and Mybalcony’s role is solely to facilitate the availability of the Site, Application and Services. Similarly, Mybalcony is not a contracting agent or representative of any Host. Instead, Mybalcony’s role is solely to facilitate the availability of the Site, Application and Services for Members and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENTED TO BE USED TO FACILIATE THE BOOKING OF SPACES FOR RENT. MYBALCONY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACE FOR RENT. MYBALCONY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SPACES FOR RENT. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
In order to access certain features of the Site and Application, and to book an Space for rent or create a Listing, you must register to create an account ("Mybalcony Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
We will create your Mybalcony Account and your Mybalcony Account profile page for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active Mybalcony 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. Mybalcony reserves the right to suspend or terminate your Mybalcony Account and your access to the Site, Application and Services if you create more than one (1) Mybalcony 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 Mybalcony Account, whether or not you have authorized such activities or actions. You will immediately notify Mybalcony of any unauthorized use of your Mybalcony Account.
Space for rent Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Space for rent to be listed, including, but not limited to, the location, capacity, size, features, availability of the Space for rent, pricing, related rules and photographs. It is forbidden to publish photographs which appear (i) telephone numbers, (ii) e-mail or postal addresses (iii) advertising of other companies. In order to be featured in Listings via the Site, Application and Services, all Spaces for rent must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Space for rent via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Space for rent, the price for such booking may not be altered.
When requesting the publication of a space for rent, Mybalcony assess whether your space meets the conditions to be posted on the site. If so, Mybalcony will send you a form to fill in all the necessary data for publication. You authorize Mybalcony to post your list on his behalf in www.mybalcony.com and agree to review the accuracy of the information provided in the publication and request changes to Mybalcony in case of incorrect or inaccurate data.
You acknowledge and agree that you are solely responsible for any and all Listings you post or requested to be posted by Mybalcony. Accordingly, you represent and warrant that any Listing you post and the booking of, or Guest stay at, an Space for rent in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Space for rent included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that Mybalcony assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.
You understand and agree that Mybalcony does not act as an insurer or as a contracting agent for, or representative of, you as a Host, and if a Guest requests a booking of your Space for rent and stays at your Space for rent, any agreement you enter into with such Guest is between you and the Guest and Mybalcony is not a party thereto. Please note that Mybalcony reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Mybalcony, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Space for rent, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Space for rent. Any Member wishing to book Space for rents included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "FAQ" section of the Site, Application and Services.
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 Space for rent at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Space for rent, if applicable.)
Mybalcony recommends that Hosts obtain appropriate insurance for their Space for rents. Please review any insurance policy that you may have for your Space for rent 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 Space for rent, if applicable) while at your Space for rent.
Mybalcony does not endorse any Members or any Spaces for rent. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. By using the Site, Application 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 and you agree not to attempt to impose liability on, or seek any legal remedy from Mybalcony 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.
Both visitors and hosts can hire support services to the management of rental space for rent. You as the Host can order certain services as Checkin Service, Checkout Service, Checkin and Checkout Service, Security Service and Cleaning Service. Checkin Service includes the following tasks by a Mybalcony agent, receiving visitors on arrival to the time set by the Host as checkin and key delivery to arrive. Checkout Service includes the following tasks by an agent Mybalcony, collection of keys to the exit of visitors. The Security Service includes the following tasks by Mybalcony agent, receiving visitors on arrival at the set time by the owner as checkin, picking up the keys on arrival, picking up the keys when visitors leave the building, controling authorized persons to stay in, enforce the rules of ownership, control and surveillance of misconduct. Cleaning Service includes the following tasks by an agent Mybalcony, cleaning the room next to the rented space, bath used by visitors,
traffic areas and other areas used by visitors. The cleaning of these rooms includes sweeping and mopping floors, garbage disposal, disinfection baths with disinfectants, collection and scrubbing of cutlery, crockery or glassware used by visitors, glass windows in rooms used by visitors. The cleaning service does not include the following tasks by an agent Mybalcony, clean linens, sofa covers, curtains, carpets, washes and treatments to special surfaces. In all the above cases the Host will bear the cost of these services. In any case, Mybalcony does not guarantee the availability of the services mentioned above.
Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your Space for rent via the Site, Application and Services, you will be required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by Mybalcony in its sole discretion) or the booking request will be automatically cancelled.
Reservations may also be formalized immediately when you have yielded to Mybalcony the availability of spots for a certain period. In this case confirmation will be automatic by the Host. For this, the Host must have an agreement with Mybalcony fixing the number of spots per day available by the signing of the document "FORM OWNER".
When the booking is made through the Site, applications and services, we will share with you the name and surname of the visitor, e-mail address and phone number, as well as data summary of the reservation. When making the reservation by a visitor, Mybalcony will send you an e-mail with the confirmation of the reservation.
The fees displayed in each Listing are comprised of the Space for rent Fees (defined below) and the Service Fees (defined below) and taxes. Taxes are included in Fees displayed in lists. Taxes may be charged in addition to the Service Fees. The Space for rent Fees, the Service Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". Please note that it is the Host and not Mybalcony which determines the Space for rent Fees. The amount introduced by de Host as the Space for rent Fee includes taxes. Mybalcony charges a fee to Guests based upon a percentage of applicable Space for rent Fees which are the "Service Fees", depending on the category of the Space for rent and the event. A Tax Fee of 21% is applied to the Service Fee, these are the “Taxes”. The Service Fee and Taxes are added to the Space for rent Fees to calculate the Total Fees displayed in the applicable Listing.
Mybalcony issue an invoice to the visitor by the amount corresponding to the "Service Fees". Mybalcony transfers the remaining amount to the owner and this is responsible for issuing an invoice to the customer for the rest of the "Space for rent Fees" amount. In any publication it shall specify whether this amount implies its corresponding VAT. Mybalcony is not responsible for the issue of invoices by the owners and Mybalcony recommends that the invoice by the owners must be issued. Mybalcony recommends all owners be aware of their tax and fiscal obligations with public finances. Mybalcony collaborate with government agencies providing the data of natural or legal persons who are required.
Please note that Mybalcony does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Mybalcony reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Mybalcony will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Guests
The Hosts, not Mybalcony, are solely responsible for honoring any confirmed bookings and making available any Spaces for rent reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Space for rent, 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 Space for rent imposed by the Host. You acknowledge and agree that you, and not Mybalcony, will be responsible for performing the obligations of any such agreements, and Mybalcony is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Listings for Spaces for rent will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by Mybalcony in its sole discretion) or the requested booking will be automatically cancelled. In the case of publications with immediate availability, confirmation is automatic and you only have to make the payment for the booking. All spots available in the booking calendar are spots available to be booked instantly with automatic confirmation of the owner, otherwise it will be shown as CHECK OUT.
When the booking process, you agree to pay Mybalcony the total cost of the amount listed in the publication. Mybalcony will issue the guest an invoice corresponding to the amount of the “Service Fees” plus VAT. The rest of the amount will be transferred to the owner who is responsible for issue the guest an invoice for the amount of “Space for rent Fees”. In any publication it shall specify whether the cost of space includes VAT.
Hosts may choose to include security deposits in their Listings ("Security Deposits") in the Owner Rules section. Each Listing will describe whether a Security Deposit is required for the applicable Space for rent.
The Host must explain in the Owner rules section in the event that requires a security deposit. The retention of this security deposit is made by the Host. The security deposit may be included in the cost of space for rent, for which we recommend to do so explicitly stated in the rules section of the owner. It also may be required the retention of a sum of money stipulated by the Host at the time of check-in of visitors and return it at check-out if there are no incidents. In this mode can be an agent Mybalcony which withhold this amount on behalf of the Host in the event that it is not present in the building the day of enjoyment of the space for rent. However, Mybalcony never decide on the return or not this amount to the Guest. All agreements concerning security deposits are an exclusive agreement between the host and the guest, and both understand that Mybalcony is not part of this agreement.
In case of dispute you, as a Host or Guest, agree and accept any Mybalcony decision regarding to the deposit returning.
In consideration for providing the Services, Mybalcony collects service fees from Guests ("Service Fees"). The service rates are composed of a number obtained from a percentage of the cost to rent the space depending on the category of space and fiesta, this percentage can vary between 19% and 40%. The value added tax (VAT) is included in the Total Cost and corresponds to 21% of Service Fee. The Service Fee is not refundable.
Cancellations and Refunds
If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, the Mybalcony cancellation policy will be applied.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Mybalcony will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and the “Service fees” will be charged to the Host and (ii) the Guest will receive an email or other communication from Mybalcony 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 Mybalcony the Total Fees relating to the confirmed booking for the Space for rent 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 Mybalcony, please contact Mybalcony at http://www.mybalcony.com/home/contact.
When a guest cancel the reservation, the host decides whether to return the amount paid by the visitor, according to the agreement to which the parties have reached previously. Mybalcony not decide on the return of the amounts received by the owners.
MYBALCONY DO NOT REFUND UNDER ANY CIRCUMSTANCES THE AMOUNT OF COST OF SERVICE ONCE HAVE BEEN SUPPLIED HOST CONTACT DATA
A nule reservation is a cancellation of a reservation because of the existence of any event as may be, without limitation, extreme weather, natural disaster or official cancellations of the spectacle that make not possible the enjoyment of the spectacle associated with the rented Space.
You as the Host agrees and accepts the general rule that will not charge a rental of space for rent if the visitor has not enjoyed the spectacle from the Space for rent associated with your reservation.
You as the Host agrees and accepts that even if the visitor entering the building, the spectacle does not take place or the visitor does not watch the spectacle, is deemed not to have enjoyed the event from the Space for rent.
You as a visitor, you agree to be deemed to have enjoyed the event or events from the Space for rent associated with your reservation if within the time slot displayed in the Space for rent occurs at least the display of a route in the case of shows moving.
Guests are obliged to present themselves in the building so it is not considered a "Cancellation by the Guest". Both parties must sign the document "Nule reservation" in case official cancellation by the relevant government agencies associated with each event. Mybalcony has no obligation to refund the Service Fee in case of cancellation. To refund this amount to the visitor, it must be sent a copy of the nule reservation document to firstname.lastname@example.org the signing of Host and Guest.
In the case of Host and Guest agreed by telephone or other means that the Visitor will not attend the property, he assumes all responsibility and, will be host and guest who agree the way deposit refunds will be done.
IN ANY CASE THE GUEST ACCEPT THE RULES ESTABLISHED IN THE SECTION “CANCELLATION POLICY” OF THE SPACE PUBLICATION
By accepting these Terms and Conditions recognizes that you know and understand that you are solely responsible for your tax liabilities and to determine the taxes payment to the Tax Office of the State derived from the rental activity for your Space for rent. Mybalcony can not and does not offer advice related to tax payments to the Host of the Site, Applications and Services. Also, take into account that each Host is responsible for determining local indirect taxes and including all applicable taxes to be collected or obligations relating to taxes for such publications. Where applicable, or based on the request of a Host, Mybalcony also can provide the model 309 about non periodic declaration of Value Added Tax, available on the website of the Tax Office of the State.
Damage to Space for rents
As a Guest, you are responsible for leaving the Space for rent 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 who you invite to, or otherwise provide access to, the Space for rent. 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, the payment will be charged to and taken from the credit card on file in your Mybalcony Account. Mybalcony also reserves the right to charge the credit card on file in your Mybalcony Account, or otherwise collect payment from you and pursue any avenues available to Mybalcony in this regard, including using Security Deposits, in situations in which you have been determined, in Mybalcony’s sole discretion, to have damaged any Space for rent, including, but not limited to, in relation to any payments made by Mybalcony to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Space for rent to the applicable Host or to Mybalcony (if applicable).
Both Guests and Hosts agree to cooperate with and assist Mybalcony in good faith, and to provide Mybalcony with such information and take such actions as may be reasonably requested by Mybalcony, in connection with any complaints or claims made by Members relating to Space for rents or any personal or other property located at an Space for rent or with respect to any investigation undertaken by Mybalcony or a representative of Mybalcony regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon Mybalcony’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 Mybalcony or a third party selected by Mybalcony.
If you are a Guest, you understand and agree that Mybalcony 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 to an Space for rent or any personal or other property located at an Space for rent.You agree to cooperate with and assist Mybalcony in good faith, and to provide Mybalcony with such information as may be reasonably requested by Mybalcony 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 Mybalcony may reasonably request to assist Mybalcony in accomplishing the foregoing.
In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
• "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Mybalcony Guest or Host;
• offer, as a Host, any Spaces for rent that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Spaces for rent as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
• offer, as a Host, any Space for rent that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
• register for more than one Mybalcony Account or register for an Mybalcony Account on behalf of an individual other than yourself;
• contact a Host for any purpose other than asking a question related to a booking, such Host’s Spaces for rent or Listings;
• contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application and Services;
• when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Mybalcony, without Mybalcony’s prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with the Site, Application or Services;
• use the Site, Application and Services to find a Host or Guest and then complete a booking of an Space for rent transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Mybalcony’s provision of the Services;
• as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; or
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Mybalcony’s name, any Mybalcony trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mybalcony’s express written consent;
• access, tamper with, or use non-public areas of the Site or Application, Mybalcony’s computer systems, or the technical delivery systems of Mybalcony’s providers;
• attempt to probe, scan, or test the vulnerability of any Mybalcony system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Mybalcony or any of Mybalcony’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
Mybalcony will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Mybalcony may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that Mybalcony has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Mybalcony reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Mybalcony, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Own space managed by Mybalcony
Mybalcony directly manages different spaces offered on the website for your reservation. The spaces managed directly by Mybalcony are:
- Office at Plaza del Ayuntamiento 22 Planta 4. This is an area with office municipal license pending. The guest knows and assumes that this is not a space to hold parties and therefore not available specific municipal license for that purpose. Mybalcony not guarantee the realization of the event on the grounds of incompatibility of the planned activity with the current license and the visitor assumes all responsibility. In case of cancellation of the event due to this circumstance Mybalcony refund 100% of total payment to guests. Also, visitors agree not to take legal action against Mybalcony due to this circumstance.
- Office at Calle Moratin 14 Planta 12. This is an area with office municipal license. The guest knows and assumes that this is not a space to hold parties and therefore not available specific municipal license for that purpose. Mybalcony not guarantee the realization of the event on the grounds of incompatibility of the planned activity with the current license and the visitor assumes all responsibility. In case of cancellation of the event due to this circumstance Mybalcony refund 100% of total payment to guests. Also, visitors agree not to take legal action against Mybalcony due to this circumstance.
- Apartment at Calle Almirante Bonifaz numero 1 planta 1. This is a residential apartment. The guest knows and assumes that this is not a space to hold parties and therefore not available specific municipal license for that purpose. Mybalcony not guarantee the realization of the event on the grounds of incompatibility of the planned activity with the current license and the visitor assumes all responsibility. In case of cancellation of the event due to this circumstance Mybalcony refund 100% of total payment to guests. Also, visitors agree not to take legal action against Mybalcony due to this circumstance.
Reservas en espacio propio
Through the book, either online and offline, a spot or a private room, the guest recognizes the reservation as a rental space for a limited time which is the day of booking during the schedule established in each publication.
The guest recognizes and accepts that Mybalcony World S.L. is not a company that organizes events in such spaces, and only that spaces are provided to be rented. Therefore any auxiliary service such as catering or drinks supplies will be given by other company hired by the guest. The guest authorizes the company which provide the catering service to issue the bill to the guest as the final client that enjoy that service. Thus is the guest the promoter and event organizer, and Mybalcony World SL only participate as the provider of the space to be rented.
In case the space could not be used because of reasons that Mybalcony World SL can not control, during the indicated date, both parties agree that the tenant will accept the refund of 100% of the amount paid and will not take legal action against the company.
The guest recognizes that Mybalcony World S.L. can modify the room capacity shown in the publication of the space without notice, always ensuring optimum comfort attendees. The capacity shown in the publication data is not a binding agreement to lease the space.
Only refunds for cancellations made within 7 calendar days of booking allowed.
Cancellation in own spaces
In case a catering is provided in a space, the payment will not be refunded, even if the public event is cancelled for any reason.
Registro de entrada en espacios propios
The signing of this check is mandatory for access to space, in case of refusal by the assistant, the entry will be denied, giving null the space rental for that person and will be refunded the full amount of your spot.
Rules of use and conduct in own spaces
- The entry of drinks and food from abroad without prior authorization from Mybalcony World SL is prohibited.El asistente se compromete a ser respetuoso con el resto de usuarios del inmueble.
- The guest is committed to being respectful of the equipment and facilities in the space and public areas and accepts to repair any damage caused to the property. · · Consume drinks and food on the balcony is prohibited.
· The guest is committed to respecting the spaces reserved by other attendees.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Mybalcony and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Mybalcony Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Mybalcony grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Mybalcony 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, Application, 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 Mybalcony or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Mybalcony 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 only on, through, or by means of the Site, Application and Services. Mybalcony 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, Application 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, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Mybalcony 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 Mybalcony’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application 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, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Mybalcony 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 Mybalcony 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.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Mybalcony used herein are trademarks or registered trademarks of Mybalcony. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You, as owner or visitor, agree to install on the Spaces for rent a canvas, poster or logo designed by the company, visible to the public, with the logo and name of Mybalcony for a three-week period before the date of first official day of the event and during the official days of the event, as soon as laws of each city permit.
You, as owner or visitor, agree not to advertise another company on your Space for rent during the official days of the event.
We welcome and encourage you to send your comments, observations and suggestions for improvements of the Site, Applications and Services ("Comments"). You can send comments by e-mail through email@example.com or the contact section of the Site and the Application (www.mybalcony.com/ contact). You acknowledge and agree that all suggestions will be sole and exclusive property of Mybalcony and you irrevocably assigns Mybalcony and agrees to irrevocably assign to Mybalcony all rights, title and interest in and to all suggestions.
Mybalcony respects copyright law and expects its users to do the same. It is Mybalcony’s policy to terminate in appropriate circumstances the Mybalcony Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Mybalcony’s Copyright Policy at www.mybalcony.com/politica-derechos-autor for further information.
Termination and Mybalcony 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: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Mybalcony Account. You may cancel your Mybalcony Account at any time via the "Cancel" feature of the Services or by sending an email to firstname.lastname@example.org. Please note that if your Mybalcony Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MYBALCONY DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYBALCONY 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. MYBALCONY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SPACE FOR RENTS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MYBALCONY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACE FOR RENTS, YOUR ACCRUAL OF MYBALCONY TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYBALCONY OR THROUGH THE SITE, APPLICATION, 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, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT MYBALCONY
DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY SPACES FOR RENT. MYBALCONY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
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, APPLICATION, SERVICES AND COLLECTIVE CONTENT, AND YOUR LISTING OR BOOKING OF ANY SPACE FOR RENTS VIA THE SITE, APPLICATION AND SERVICES, REMAINS WITH YOU. NEITHER MYBALCONY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, 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, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY SPACE FOR RENT VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYBALCONY 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.
IN NO EVENT WILL MYBALCONY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE FOR RENT VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY SPACE FOR RENT OR INTERACTIONS WITH ANY OTHER MEMBERS. 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 Mybalcony 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, Application, 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 Space for rent, (iii) creation of a Listing or (iv) the use, condition or rental of an Space for rent 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 Space for rent.
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 Mybalcony by contacting us with your police station and report number at email@example.com; 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.
These Terms constitute the entire and exclusive understanding and agreement between Mybalcony and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Spaces for rent made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mybalcony and you regarding bookings or listings of Spaces for rent, the Site, Application, Services, Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Mybalcony’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Mybalcony 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 Mybalcony (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. 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
These Terms shall be construed in accordance with Spanish law. You and we agree to submit to the personal jurisdiction of a state court located in Spain, for any action in which the parties are requested by court order or otherwise in a court of competent jurisdiction to prevent violation or breach, misappropriation or violation of the copyright of a party, trademarks, trade secrets, patents or other intellectual property rights.
The failure of Mybalcony 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 Mybalcony. 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, please contact Mybalcony at firstname.lastname@example.org.