Last Updated: 21st August 2019
These Terms and Conditions govern your use of the SPACEPRK website and your relationship with us. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the site. By using the site you agree to be bound by these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights.
1.1 SPACEPRK, Company Registration Number 801105307, Tax Office of Koropi and General Commercial Registry Number 149213301000 here in after referred to as “SPACEPRK“, “we“, “us“, or “our“) provides an online platform that connects individuals and companies who have venues and spaces to rent (“Hosts“) with guests seeking to rent such spaces and venues (“Guests“) including any Hosts Services, Additional Services or use of the Concierge Service (collectively, the “Services“). The Services are accessible at www.SPACEPRK.com and any other website through which SPACEPRK makes the Services available (collectively, the “Site“). Only registered users (“Members“) will be permitted to undertake a transaction using the Site. By using the Site and/or Services you agree to comply with and be legally bound by these Terms and Conditions of Service (“Terms“), even if you do not become a Member. These Terms govern your access to and use of the Site, the Services and all Collective Content (defined below), and constitute a binding legal agreement between you and SPACEPRK. Please also read carefully the Fee Structure and Invoicing, Review Policy, Guest Refund Policy, Intellectual Property Policy, Cancellation Policy and Reward and Referral Policy which are incorporated into our Terms (“Policies“) and our Privacy Notice which explains how we deal with your personal data. We also publish from time to time information in our Help Centre to help Members make best use of our Site, for example be a Welcoming Host and/or a Hospitable Guest. These are provided for information purposes only and do not form part of our Terms and we do not take any responsibility for their content or the consequences of any one following our guides.
1.2 By becoming a Member and then accessing any information from the Site and/or Services and/or proceeding to engage with a Host or a Guest via the Site or registering a Listing you are deemed to have read all of these Terms and Policies and you agree to be bound by them.
2. About our Website
2.1 The Site and Services comprise an online platform through which Hosts may create Listings for their Space and Guests may learn about and contract to use the Space directly with the Host using the platform. You understand and agree that unless specifically agreed in writing by SPACEPRK, SPACEPRK is not a party to any agreement entered into between a Guest and a Host and that SPACEPRK has no control over the conduct of the Hosts, Guests and other users of the Site, Services or Space. SPACEPRK specifically disclaims all and any liability over the conduct of any Hosts, Guests or other users of the Site and Services or any Space to the maximum extent permitted by Law.
2.2 Certain areas of the Site and the Services or Collective Content may require you to agree with and accept additional terms and conditions. If there is a conflict between any additional terms and conditions and the payment and cancellation terms and conditions of these Terms, then these Terms will take precedence between SPACEPRK and a Member and govern your use of or access to that area of the Site, Services, or Collective Content.
2.3 If you register your company or other legal entity as a Member, 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.
2.4 Where you register for a SPACEPRK Business Account, you will still need to register as a Member but in addition to these general Terms of Service, your Bookings will be subject to the terms set out in Part C (SPACEPRK Business Terms) below.
3.1 We use defined terms throughout the Site and they have the following meanings:
“Authorised User” means an individual Member who is an employee or representative of a SPACEPRK Business Customer.
“Additional Services” means any additional Services such as, but not limited to, catering, AV equipment, and entertainment that SPACEPRK provides to Guests via Host Services or via third party suppliers as part of a Booking or Bespoke Package Booking whether the Booking is made via the Site and/or Services.
“Bespoke Package” means the form on the Site used by a Guest and Host to detail a Booking that includes Additional Services or Host Services.
“Bespoke Package Booking” means a Booking that is made via the Site and/or Services using a Bespoke Package.
“Booking” means the agreement between a Host and a Guest made via the Site and/or Services for the hire of a Space and any associated Host Services and/or Additional Services for the Hire Period.
“Bookings” means the combination of more than one Booking and one Bespoke Package Booking.
“Booking Dashboard” SPACEPRK’s proprietary software made available to SPACEPRK Business Customers only, allowing SPACEPRK Business Customers to view and access data about all Bookings made through that SPACEPRK Business Account.
“Booking Request” means an offer by a Guest to rent a Space and/or Additional Services or Host Services submitted via the Site and/or the Services which may be accepted or rejected by a Host.
“Booking Request Period” means 24 hours starting from the time when a booking is requested by a Guest (as determined by SPACEPRK in its sole discretion), within which a Host may decide whether to confirm or reject that Booking Request, as stated on the Site or provided by the Services.
“Cancellation Policy” means the cancellation policies published by SPACEPRK which form a term of this Agreement and which shall apply to all Listings, Hosts and Guests.
“Collective Content” means Member Content and SPACEPRK Content.
“Concierge Service” means services offered to Members by SPACEPRK staff in order to facilitate the booking of a Space whether that booking is made via the Site or not including but not limited to suggestions and introductions to venues and suppliers.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Data Protection Legislation” the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.”Security Deposit” means a sum required by a Host to be held against potential damage to a Space as further described in Clause 10 below.
“Guest” means a Member who requests to book a Host Space and/or Additional Services via the Site or Services.
“SPACEPRK Account” means an account created on the Site that is required in order to become a Member and book a Space or create a Listing.
“SPACEPRK Business Account” an account linked to a Member’s organisation permitting that Members Authorised Users to access and book on the same account, subject to the SPACEPRK Business Terms and Conditions found in Part C, and which gives access to SPACEPRK’s proprietary Booking Dashboard.
“SPACEPRK Business Booking” means a booking or Bespoke Package Booking whereby the Guest making the Booking is a SPACEPRK Business Customer.
“SPACEPRK Business Customer” a Member who has been invited to create a SPACEPRK Business Account including their Authorised Users.
“SPACEPRK Business Terms” means the specific terms and conditions applicable where a Booking Request is made by a SPACEPRK Business Customer.
“SPACEPRK Content” means all Content that SPACEPRK makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.
“Hire Period” means the duration for which a Host’s Space has been rented out by a Guest as set out in the Booking or Bespoke Package Booking.
“Host” means a Member who creates a Listing via the Site and Services.
“Host Fees” means the fee that SPACEPRK charges a Host for Bookings and Bespoke Package Bookings made via the Site and/or Services, typically which is calculated as a percentage of the applicable Space Fees and/or Host Services and Additional Services. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a Booking Request from a prospective Guest via the Site and will be communicated to the Guest when a Booking Request is made via the Services. Host Fees are currently set at a minimum of 15% but may change from time to time as set out in our Fee Structure and Invoicing Policy.
“Host Services” means any related services including catering, design, delivery or other services which the Host agrees to provide to a Guest during the Hire Period.
“Host Special Promotion” means an offer from a Host for a special price or discount on a product or service or event which is promoted to the Member via the Site or Services.
“Listing” means a Space that is listed by a Host as available for rental via the Site and/or Services.
“Member” means an individual or an organisation who completes SPACEPRK’s account registration process and has agreed to be bound by these Terms and Policies.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
“Member Reward Scheme” means any Members reward scheme introduced by SPACEPRK from time to time.
“Processing Fees” means the processing fee that SPACEPRK charges a Guest for using the Site and Services. The Processing Fees will be displayed and/or communicated to the Guest when the Guest is asked whether it wishes to send a Booking Request to a Host. Processing Fees may change from time to time as set out in our Fees Policy.
“Service Fees” means collectively the Processing Fees and the Host Fees.
“Space” as per the meaning given in Clause 5.1 below.
“Space Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s use of a Host’s Space and any Host Services and/or Additional Services the Host has stipulated as part of the Booking or Bespoke Package Booking. The Host alone, and not SPACEPRK, determines these amounts. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the SPACEPRK platform, or (ii) taxes that the Host determines that he or she has to collect which must be clearly displayed prior to a Booking Request being made including whether for example VAT is included or not. If a Tax is not displayed then it will be deemed to be included.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, fees (such as convention centre fees) that may be required by law to be collected and remitted to governmental agencies, and other taxes.
“Total Fees” means collectively the Space Fees and the Processing Fees (plus any Taxes in respect of Space Fees, such as VAT).
4.1 SPACEPRK reserves the right, at its sole discretion, to modify the Site and/or Services or to modify these Terms, at any time and without prior notice. Such modifications will not apply to completed Bookings but will apply to all uncompleted Bookings. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. For an uncompleted Booking or Bespoke Package Booking the Guest and the Host will receive notification that any modification has been made prior to completion of the Booking or Bespoke Package Booking transaction and the Guest will be given the option of withdrawing their Booking Request. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, and/or Services after we have posted a modification on the Site or have provided you with notice of a modification, you will be deemed to have accepted that you will 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.
5. How the Site, and Services Work
5.1 The Site and Services can be used to facilitate the searching, listing, booking and payment for business spaces and venues (“Spaces“). Such Spaces are included in Listings on the Site by Hosts. You may view Listings as an unregistered visitor to the Site, however, if you wish to book a Space or create a Listing, you must first register to create a SPACEPRK Account and become a Member.
5.2 In addition to your agreement with SPACEPRK to use the Site and Services (explained in these Term) you are also entering into a separate agreement with the other Member when you make a Booking Request and hire a Space, the terms of which are set out in more detail in Part B. SPACEPRK is not an owner or operator of properties, venues or Spaces nor act as an agent of any party with a Listing (except in a limited role as payment collection agent handling payments from Guests on behalf of Hosts (“Payment Agent“)). SPACEPRK does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control any of the properties, venues and spaces comprising the Listings. SPACEPRK’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) acting as Payment Agent on behalf of the Host (refer to Clause 12).
5.3 All bookings for a Space are made directly between the Host and the Guest and at the Host’s and Guest’s own risk. SPACEPRK cannot and does not control the content of any Listing and does not control the condition, legality and suitability of any Space. All use of the Space is at the risk of the Guest who should ensure that all insurances for the use of the Space are in place. SPACEPRK specifically disclaims all and any liability over the condition of any Space to the maximum extent permitted by Law.
6.1 The Site and Services are intended for business use only and as such only persons who are 18 or older and/or are Corporations, Government agencies or instrumentalities, charitable institutions, partnerships, companies and sole traders will be permitted to become Members and undertake transactions as Guests or Hosts on the Site. Any access to or use of the Site or Services by anyone under 18 or not having, for any reason, the capacity to perform legal acts, is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older
7. Account registration
7.1 In order to access certain features of the Site and to book a Space or create a Listing, you must register to create a SPACEPRK Account”) and become a Member. You will need to provide your name, email, mobile number and a password to register. You may register to join the Services directly via the Site or as described in this section.
7.2 You can also register to join as a Member by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook and Linkedin), (a “Third-Party Account“). As part of the functionality of the Site and Services, you may link your SPACEPRK Account with a Third-Party Account, by either: (i) providing your Third-Party Account login information to SPACEPRK through the Site; or (ii) allowing SPACEPRK 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 SPACEPRK and/or grant SPACEPRK access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating SPACEPRK to pay any fees or making SPACEPRK subject to any usage limitations imposed by such third-party service providers. By granting SPACEPRK access to any Third-Party Accounts, you understand that SPACEPRK 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, via your SPACEPRK Account and SPACEPRK Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third-Party Accounts will be available on and through your SPACEPRK Account on the Site. Please note that if a Third-Party Account or associated services becomes unavailable or SPACEPRK’s access to such Third-Party Account is terminated, then the SNS Content will no longer be available on and through the Site. You have the ability to disable the connection between your SPACEPRK Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site.
7.3 Please note that your relationship with the Third Party Account services provider is governed solely by your agreement with such Third Party services provider. SPACEPRK makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and SPACEPRK is not responsible for any SNS Content.
7.4 We will create your SPACEPRK Account and your SPACEPRK Account profile page for your use of the Site based upon the information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active SPACEPRK 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. SPACEPRK reserves the right to suspend or terminate your SPACEPRK Account and your access to the Site and Services if you create more than one (1) SPACEPRK 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 SPACEPRK Account, whether or not you have authorized such activities or actions. You will immediately notify SPACEPRK of any unauthorized use of your SPACEPRK Account.
8. No Endorsement
8.1 SPACEPRK does not endorse any Member or any Space. You understand that any SPACEPRK Content (including 2D and 3D photography) are intended only to indicate a photographic representation of the Space at the time the photography was taken. They are not an endorsement by SPACEPRK of any Member or any Space. Members are required by these Terms to provide accurate information, and although SPACEPRK may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
8.2 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 SPACEPRK about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any reference is intended to be useful information for a Host to evaluate when a Host makes decisions about accepting Bookings via the Site. We therefore recommend that the Host always exercise due diligence and care when deciding whether to accept a Booking Request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
8.3 By using the Site and/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 SPACEPRK with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a Host against SPACEPRK regarding the remittance of payments received from a Guest by SPACEPRK on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
9. Listing your Space
9.1 As a Member, you may create Listings for your Space. To create a Listing, you will be asked a variety of questions about the Space to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Space, additional terms, pricing, related rules and financial terms including any additional Taxes not included in your pricing. In order to be featured in Listings via the Site, all Spaces must have valid physical addresses. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Space via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Guest sends a Booking Request for your Space, you may not alter the pricing shown on your Listing as their Booking Request constitutes their offer to rent the Space which Hosts may accept or reject.
9.2 The Host acknowledges and agrees that they are responsible for any and all Listings they post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest’s use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as property owners, property managers, lessors or landlords, and (ii) will (a) be in compliance with all applicable laws, rules and regulations that may apply to any Space 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 SPACEPRK assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
9.3 SPACEPRK reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that SPACEPRK, in its sole discretion, considers to be objectionable for any reason, in breach of these Terms or Policies, or otherwise harmful to the Site or Services. The full details of this can be found in the SPACEPRK Review Policy.
9.4 The quality of the photographs and 3D photography used to display a Space on a Listing are of paramount importance to SPACEPRK and so it reserves the right to remove or request the removal of any photographs or to request new photographs at any time. SPACEPRK may offer Hosts the option of using a SPACEPRK approved photographer to take photographs including 3D Photography of their Spaces. If you as a Host choose to have a SPACEPRK approved photographer, any photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “SPACEPRK Photo” or similar wording. All images, materials and content created by SPACEPRK approved photographers constitute SPACEPRK Content, regardless of whether you include them in your Listing.
9.5 When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to submit a Booking Request, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Space. Any Member wishing to book Spaces included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “My Account” section of the Site and Services.
9.6 As a Host, you understand and agree that SPACEPRK does not act as an insurer or as your contracting agent. If a Guest submits a Booking Request and uses your Space, any agreement you enter into with such Guest is between you and the Guest and SPACEPRK is not a party to that agreement except as the Host’s Payment Agent.
9.7 Whilst SPACEPRK makes certain tools available to a Host to help them make informed decisions about which Members you choose to confirm a booking with, you acknowledge and agree that SPACEPRK has no liability in relation to the decision to enter into an agreement with a Guest or the subsequent conduct of that Guest or the other users of the Space invited by the Guest. Further the Host is responsible for its own acts and omissions and remains responsible for the acts and omissions of any individuals who use or are otherwise present at the Space at your request, invitation or with your agreement.
9.8 SPACEPRK recommends that Hosts obtain appropriate insurance for their Spaces. Please review any insurance policy that you may have for your Space carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply to 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, if applicable) while at your Space.
10. Bookings and Fees and Charges That Apply
10.1 Where a booking is requested for a Space via the Site and/or Services, the Owner will be required to either confirm or reject the Booking Request within the Booking Request Period, otherwise the Booking Request will be automatically cancelled anHd the Guest’s offer will lapse. When a Booking Request is submitted, SPACEPRK will share with the Owner (i) the name of the Guest who has requested the booking, (ii) a link to the Guest’s SPACEPRK Account profile page, (iii) where possible the names of any members of an SNS with whom the Owner is “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) where possible an indication that the name that the Guest provided to SPACEPRK when the Guest became a Member matches the name that the Guest provided to the Third Party Social Network Services provider to which the Guest has linked his or her SPACEPRK Account, so that the Owner can view such information before confirming or rejecting the Booking Request. When a Owner confirms a Booking Request from a Guest, SPACEPRK will send the relevant Members an email confirming the Booking or Bespoke Package Booking depending on the selections made via the Site and/or Services and SPACEPRK shall be entitled to issue the Owner an invoice in respect of the Owner Fees.
10.2 Once the Owner has confirmed a Booking via the Site and/or Services, a binding contract is formed between the Owner and the Guest. The Guest is required to pay in full the Total Fees plus any applicable Damage Deposit or Processing Fees to SPACEPRK and the Owner is required to pay the applicable Owner Fees to SPACEPRK as set out in the Booking. SPACEPRK will take full payment from the Guest of the Total Fees and any Damage Deposit by way of Paypal, credit, debit, BACS, CHAPS or Faster Payments. In the case of SPACEPRK Business Account Authorised Users, such Authorised Users may alternatively choose to make payment of the Total Fees and any Damage Deposit via invoice (“Payment by Invoice“). In this case the payment terms as outlined in Part C, Clause 43 will apply.
10.3 SPACEPRK will send each of the Guest and Owner an email confirming the Booking. SPACEPRK will include its invoice to the Owner via the Site in respect of the Owner Fees in the same email. When a Guest has selected to pay by BACS, CHAPS or Faster Payments, the following payment due dates will apply: (i) if the applicable Hire Period commences within thirty (30) days of Booking Request confirmation, the Total Fees plus applicable Damage Deposit are payable to SPACEPRK immediately upon receipt of Booking Request confirmation, (ii) if the applicable Hire Period commences post thirty (30) days of Booking Request confirmation, the Total Fees plus applicable Damage Deposit are payable to SPACEPRK within thirty days of Booking Request confirmation, and (iii) in any event no later than 48 hours prior to the start of the Hire Period. For Booking Request confirmations sent by email, the date of receipt will be deemed the date on which such notice is transmitted. When a Guest has selected to pay by Paypal, credit, or debit card, the total Fees plus applicable Damage Deposit are payable to SPACEPRK immediately upon receipt of Booking Request confirmation irrespective of the date of the event.
a. All payments are held by SPACEPRK in a dedicated client bank account and held on trust for the relevant Member. SPACEPRK only uses the money in the client bank account to facilitate the relevant Member’s obligations under the Booking or Bespoke Package Booking entered into with the other Member and to pay amounts payable to SPACEPRK as set out in these Terms. Please note that SPACEPRK cannot control any fees that may be charged to a Member by his or her bank related to SPACEPRK’s collection and payment of the Total Fees and SPACEPRK disclaims all liability in this regard.
b. Once SPACEPRK has received payment from the Guest, SPACEPRK will make payment of the Space Fees (less SPACEPRK’s Owner Fees, and any Taxes in respect of the Owner Fees, such as VAT) and Damage Deposit where applicable to the Owner. If the Space Fees is received by SPACEPRK from the Guest via more than one payment installment, SPACEPRK will deduct the total Owner Fees (calculated on the aggregate Space Fees and/or Owner Services) and any Taxes in respect of the total Owner Fees, such as VAT from the initial payment before making payment of the Space Fees to the Owner. All payments received from the Guest will be made to the Owner via SPACEPRK’s next bi-monthly payment run, irrespective of the completion of the Hire Period. The time it takes for the Owner to receive payment may depend upon the method for receiving payouts chosen by the Owner. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on behalf of the Owner.
c. Balances will be remitted by SPACEPRK to Owners via PayPal, Cheque, BACS, direct deposit or other payment methods described on the Site in Euros. Amounts may be rounded up or down as described in the “Rounding Off” section below.
d. Please note that SPACEPRK may impose or deduct foreign currency processing costs on or from any payments or payouts by SPACEPRK in currencies other than Euros. More information on any such costs or deductions will be available via the Site.
e. SPACEPRK reserves the right to change, alter or amend the Owner and Processing Fees it charges to Owners and Guests upon reasonable notice. New fee rates will not apply to existing Bookings which are yet to be performed but will apply to all new Bookings after the date that the fees are introduced, altered or amended.
f. If a Owner receives an enquiry from or is contacted by a potential Guest via the Site and/or Services to book a Space and the Guest proceeds to book that Space with the Owner but does not do so via the Site and/or Services then SPACEPRK reserves the right to charge the Owner the same Owner Fees plus an additional 5% as if that Booking or Bespoke Package Booking had been made via the Site and/or Services and the Guest a fee of up to 15% of the Space Fees. 1. SPACEPRK may issue a Owner Fees invoice the day after the Booking or Bespoke Package Booking has been made payable within 7 days.
g. If a Owner receives a Booking from a Guest via the Site and/or Services or as a result of that Guest having found the Owner via the Site and/or Services and then receives further Bookings from that Guest via other means outside the Site and/or Services then SPACEPRK reserves the right to charge the Owner the same Owner Fees plus an additional 5% as if those further Bookings had been made via the Site and/or Services [and to charge the Guest a fee of up to 15% of the Space Fees for subsequent Bookings]. In such instance payment of the Space Fees and SPACEPRK’s Owner and Processing Fees as outlined in Clause 11 will apply. SPACEPRK may issue a Owner Fees invoice the day after the Booking or Bespoke Package Booking has been made payable within 7 days.
h. In the event of the Owner and Guest being obliged to make payment pursuant to Clause e. and f. above, the Owner agrees to pay SPACEPRK the applicable Owner Fees and the Guest agrees to pay SPACEPRK the applicable Processing Fees in full (plus VAT if applicable) within 7 days of the Booking or Bespoke Package Booking being confirmed.
i. SPACEPRK may from time to time introduce a Members Reward Scheme to reward loyalty to Guests who make Bookings through the Site. SPACEPRK will require any Member who wishes to benefit from the Members Reward Scheme to confirm that in doing so the Member has complied with the terms of any Bribery Act Policy operated by the Guest`s employer. SPACEPRK reserves the right to withhold any right to Membership or to the redemption of any reward scheme pending proof that the Guest has complied with any such Bribery Act Policy.
j. All Bookings made by a Guest via the Site and/or Services who is not a SPACEPRK Business Customer are subject to the payment terms set out in Clause 11 of the Terms irrespective of any terms and conditions a Guest has agreed to with a Owner as part of a Booking or a Bespoke Package Booking.
k. Where SPACEPRK is owed money by a Owner as part of Owner Fees or for advertising including 3D and 2D photography (Advertising Services) it has the legal and enforceable right to set this off against any Spaces Fees it may owe to a Owner.
11. Appointment of Payment Agent
11.1 Each Owner hereby appoints SPACEPRK as the Owner’s Payment Agent solely for the purpose of accepting the Space Fees from Guests whether a Booking or Bespoke Package Booking is made via the Site and/or Services including as set out in Clauses 10.3 e. and 10.3 f. above.
11.2 Each Member agrees that payment made by a Guest through SPACEPRK shall be considered the same as a payment made directly to the Owner, and the Owner will make the Space available to the Guest in the agreed-upon manner as if the Owner has received the Space Fees. Each Owner agrees that SPACEPRK may, in accordance with Clause 41 and Clause 44, (i) permit the Guest to cancel the Booking and/or Bespoke Package Booking and (ii) refund to the Guest that portion of the Space Fees specified in the applicable Cancellation Policy. Each Member understands that as SPACEPRK accepts payments from Guests as the Owner’s Payment Agent, SPACEPRK’s obligation to pay the Owner is subject to and conditional upon successful receipt of payment from a Guest. SPACEPRK does not guarantee payments to Owners for amounts that have not been successfully received by SPACEPRK from Guests. In accepting appointment as the authorised Payment Agent of the Owner for payment services only, SPACEPRK assumes no liability for any acts or omissions of the Owner or Guest.
12. Rounding Off
12.1 SPACEPRK can only process payments for whole numbers and so payments will be rounded to the nearest whole number. SPACEPRK may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Owners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, SPACEPRK will round an amount of €101.50 to €102.00, and €101.49 to €101.00.
13. Payment Processing Errors
SPACEPRK 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.
14.1 You as an Owner 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 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. An Owner must clearly identify all additional taxes which are payable by a Guest at the time of a Booking Request otherwise such taxes will be deemed to be included in the Space Fee.
14.2 If as an Owner you are registered for VAT it is your responsibility to provide us with your VAT number. It is also your responsibility to tell us whether VAT is chargeable on the hire of your space if you are registered for VAT. SPACEPRK will prepare VAT invoices between you and your Guests on your behalf. These will be based on the information provided by you and on record at the point in time that the invoice is raised. SPACEPRK cannot be held responsible for any incorrect VAT arising from the information provided by you as a Member. If you are unsure of your VAT status or whether you should be charging VAT on your Space you should take professional advice. SPACEPRK cannot and does not offer tax-related advice to any Members.
14.3 Where applicable and where an Owner makes a request, SPACEPRK will use its reasonable endeavours to issue a valid VAT invoice to the Owner in respect of the Owner Fees.
15. Member Conduct
15.1 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:
a. breach any law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax laws;
b. use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape”, “crawl”, “spider” or collect any information from or otherwise interact with any web pages or other Services contained in the Site, Services or Collective Content;
c. use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
d. copy, store or otherwise access any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
e. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
f. interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-Services attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
g. use our Site 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, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”);
-“stalk” or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an SPACEPRK Guest or Owner;
-offer, as an Owner, any Space that you do not yourself own or have permission to rent for commercial or business use or other property (without limiting the foregoing, you will not list Spaces as an Owner if you are serving in the capacity of a listing agent for a third party);
-register for more than one SPACEPRK Account or register for a SPACEPRK Account on behalf of an individual other than yourself or organisation other than your employer/company you are authorised to represent;
-contact an Owner via the Site for any purpose other than asking a question related to a Booking or Bespoke Package Booking, such as an Owner’s Spaces or Listings;
-contact a Guest via the Site for any purpose other than asking a question related to a Booking , Bespoke Package Booking or such Guest’s use of the Site and Services;
-recruit or otherwise solicit any Owner or other Member to join third-party services or websites that are competitive to SPACEPRK, without SPACEPRK’s prior written approval;
-impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
-use the Site, Services or Collective Content to find an Owner or Guest and then complete a Booking or Bespoke Package Booking of a Space independent of the Site, or Services, in order to circumvent the obligation to pay any Services Fees related to SPACEPRK’s provision of the Services or for any other reasons;
h. as an Owner, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to accept;
i. 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) breaches, or encourages any conduct that would breach, 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;
j. systematically retrieve data or other content from our Site 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;
k. use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, SPACEPRK’s name, any SPACEPRK trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without SPACEPRK’s express written consent;
l. access, tamper with, or use non-public areas of the Site or Services, SPACEPRK’s computer systems, or the technical delivery systems of SPACEPRK’s providers;
m. attempt to probe, scan, or test the vulnerability of any SPACEPRK system or network or breach any security or authentication measures;
n. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SPACEPRK or any of SPACEPRK’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
o. 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 or Collective Content to send altered, deceptive or false source-identifying information;
p. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Collective Content; or
q. advocate, encourage, or assist any third party in doing any of the foregoing.
15.2 SPACEPRK has the right to investigate and prosecute breaches of any of the above to the fullest extent of the law.
15.3 SPACEPRK 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 SPACEPRK 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 SPACEPRK, its users, or members of the public.
15.4 You acknowledge that SPACEPRK 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 further set forth in these Terms. SPACEPRK reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that SPACEPRK, at its sole discretion, considers to be objectionable for any reason, in breach of these Terms or otherwise harmful to the Site or Services.
17.1 You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of SPACEPRK and its licensors. You will not remove, alter or obscure any copyright, trademark, Services mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
18. SPACEPRK Content and Member Content Licence
18.1 Subject to your compliance with these Terms, SPACEPRK grants you a limited, non-exclusive, non-transferable licence, to (i) access and view any SPACEPRK Content solely for the purposes set out in these Terms and (ii) access and view any Member Content to which you are permitted access, solely for the purposes set out in these Terms. You have no right to sublicense the licence rights granted in this section.
18.2 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 licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SPACEPRK or its licensors, except for the licences and rights expressly granted in these Terms.
19. Member Content
19.1 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 SPACEPRK a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence, 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. SPACEPRK 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.
19.2 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, licences, consents and releases that are necessary to grant to SPACEPRK 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 SPACEPRK’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 breach of any applicable law or regulation.
20.1 The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that SPACEPRK 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 SPACEPRK 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.
21. Proprietary Rights Notices
21.1 All trademarks, Services marks, logos, trade names and any other proprietary designations of SPACEPRK used herein are trademarks or registered trademarks of SPACEPRK. Any other trademarks, Services marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
22. Intellectual Property Policy
22.1 SPACEPRK respects the intellectual property rights of others and expects its users to do the same. It is SPACEPRK’s policy to terminate in appropriate circumstances the SPACEPRK Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. The full terms are set out in SPACEPRK`s Intellectual Property Policy.
23.1 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 info@SPACEPRK.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of SPACEPRK and you hereby irrevocably assign to SPACEPRK and agree to irrevocably assign to SPACEPRK 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 SPACEPRK’s request and expense, you will execute documents and take such further acts as SPACEPRK may reasonably request to assist SPACEPRK to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
24. Suspension, Termination and SPACEPRK Account Cancellation
24.1 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 SPACEPRK Account.
24.2 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 SPACEPRK Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your SPACEPRK Account, your Member Content, or receive assistance from the SPACEPRK Concierge Service, (b) any submitted Booking Requests will be immediately cancelled and will not be capable of acceptance by an Owner; and (c) we may communicate to your Guests or Owners that your access to SPACEPRK has been cancelled and provide confirmation that we will no longer act as Payment Agent for future transactions.
24.3 We may, in our discretion continue to hold any payments yet to fall due and make payments in accordance with these Terms or we may arrange to formally refund the relevant Members with such amounts including any applicable Damage Deposits. 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 SPACEPRK Account.
24.4 You may deactivate your SPACEPRK Account by notifying SPACEPRK by email at firstname.lastname@example.org. Please note that if your SPACEPRK Account is deactivated, we do not have an obligation to return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
25.1 If you choose to use the Site, Services or Collective Content and participate, you do so at your sole risk. You acknowledge and agree that SPACEPRK does not have an obligation to conduct background checks on any Member, including, but not limited to, Guests and Owners, but may conduct such background checks in its sole discretion. The Site, Services and Collective Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, SPACEPRK explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of a course of dealing or usage of trade. SPACEPRK gives no warranty that the Site, Services, Collective Content, including, but not limited to, the Listings or any Space, will meet a Guest’s requirements or be available on an uninterrupted, secure, or error-free basis. SPACEPRK gives no warranty regarding the quality of any Listings, Spaces, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site, or Services.
25.2 No advice or information, whether oral or written, obtained from SPACEPRK or through the Site or Services or Collective Content, will create any warranty not expressly made herein.
25.3 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 Owners or Guests. You understand that SPACEPRK does not make any attempt to verify the statements of users of the Site or Services or to review or visit any Spaces. SPACEPRK gives no warranties as to the conduct of 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 Owners, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by SPACEPRK.
26. Limitation of liability
26.1 Neither SPACEPRK 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, Services interruption, computer damage or system failure or the cost of substitute products or Services, 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 Bookings via the Site and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not SPACEPRK 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.
26.2 Except for our obligations to pay amounts to applicable Owners pursuant to these Terms, in no event will SPACEPRK’s aggregate liability arising out of or in connection with these Terms and your use of the Site and/or Services, exceed: i) the aggregate amounts you have paid or owe for Bookings via the Site and/or Services as a Guest in the three (3) month period prior to the event giving rise to the liability, or if you are an Owner, the amounts paid by SPACEPRK to you in the three (3) month period prior to the event giving rise to the liability, or ii) one hundred Euro (€100), 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 SPACEPRK and you.
26.3 Nothing in these Terms shall exclude SPACEPRK’s liability for fraud, fraudulent misrepresentation or death or personal injury caused by SPACEPRK’s negligence.
27.1 You agree to release, defend, indemnify, and hold SPACEPRK 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 breach of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Bookings, or (iii) creation of a Listing; and (d) the use, condition or rental of a Space 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, Bookings or use of a Space.
28.1 Each Member shall retain all records relating to its use of the SPACEPRK Site for a period of six (6) years. SPACEPRK shall have the right to audit all books and records of a Member that relate to these Terms, during ordinary business hours on not less than twenty-four (24) hours’ prior notice. The Member will provide reasonable cooperation to SPACEPRK and its representatives in connection with such audit, including, without limitation, in the case of an Owner, making personnel at the Space available to answer any questions SPACEPRK or its representatives may have.
29. Entire Agreement
29.1 These Terms of Service, except Part B which governs the relationship between Owners and Guests and to which SPACEPRK is not a party, constitute the entire and exclusive understanding and agreement between SPACEPRK and you regarding the Site, Services, Collective Content, any Bookings or Listings of Spaces made via the Site and Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between SPACEPRK and you regarding Bookings or Listings, the Site, Services and Collective Content.
30. Data Protection
30.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 31 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation. In this clause 31, Applicable Laws means (for so long as and to the extent that they apply to the Data Processor of the information) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
30.2 The parties agree that where a party or their personnel is processing Personal Data as a Data Processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation) such party shall, in relation to any Personal Data processed in connection with the performance of its obligations under this agreement:
a. process that Personal Data only on the written instructions of the Data Controller unless the Data Processor is required by Applicable Laws to otherwise process that Personal Data. Where the Data Processor is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Data Processor shall promptly notify the Data Controller of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Data Processor from so notifying the Data Controller;
b. ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
c. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
d. assist the Data Controller, at the Data Controller’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
e. notify the Data Controller without undue delay on becoming aware of a Personal Data breach;
f. at the written direction of the Data Controller, delete or return Personal Data and copies thereof to the Data Controller on termination of the agreement unless required by Applicable Law to store the Personal Data; and
g. maintain complete and accurate records and information to demonstrate its compliance with this clause 31.
31.1 You may not assign or transfer any part of these Terms, by operation of law or otherwise, without SPACEPRK’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SPACEPRK 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.
31.2 In the event any provision, clause, sentence, phrase, or word in these Terms or their application is held to be invalid or unenforceable such invalidity or unenforceability shall not affect the validity or unenforceability of the remainder of these Terms or the application of any such provision, sentence, clause, phrase or word in any other circumstances.
31.3 Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by SPACEPRK (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.
31.4 Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.
32. Force Majeure
32.1 No party shall be liable for any failure to perform or delay in performance of any of its obligations under these Terms caused by circumstances beyond their reasonable control, including but not limited to war, strike, accident, fire or natural catastrophe, provided that that party has used reasonable endeavours to mitigate the effect of such events.
33.1 For the purposes of this clause, “Confidential Information” shall mean any information which comes into the possession or control of a party or any of its personnel or agents as a result of a Booking, Bespoke Package Booking or relating to SPACEPRK’s or a Member’s directors, officers and employees, budgets, prices, order book, accounts, finances, parent and subsidiary companies, and any similar information in relation to SPACEPRK’s or the Member’s clients and any other information relating to SPACEPRK, the Member or its clients which is commercially sensitive.
33.2 Each party agrees that, during and after the Hire Period, it will at all times treat and safeguard as private and confidential all Confidential Information and all trade secrets and financial information relating to SPACEPRK, the other Member or any of its or their affiliates or clients and that it will not either reproduce, copy or use in any way for any purpose any such Confidential Information except as may be strictly necessary in order to properly perform its obligations under these Terms.
33.3 Upon the written request of SPACEPRK, the receiving Member will immediately return any such Confidential Information which may be in its possession, together with any copies which have been made.
33.4 The obligations in this clause shall not apply to any Confidential Information which is in the public domain other than as a result of any breach by the Owner of the terms set out in these Terms or to any Confidential Information which is required to be disclosed by law.
34. Controlling Law and Jurisdiction
34.1 These Terms will be governed by the laws of Greece and be enforceable only in a court of competent jurisdiction in Greece.
35. Contacting SPACEPRK
35.1 If you have any questions about these Terms please contact SPACEPRK at info@SPACEPRK.com
Part B Additional Terms governing the contract between Owners and Guests
36.1 Pursuant to Clause 11 of these Terms, where an Owner accepts a Guest’s Booking Request, a binding contract is formed. In addition to each Member’s obligations under these Terms, the contract between the Owner and the Guest shall be governed by the terms contained in Part B of these Terms, and any other terms which an Owner identifies within the Listing and makes available to the Guest. Where the Member is a SPACEPRK Business Customer, the terms contained in Part C of these Terms shall also apply and in the event of a conflict between the provisions of Part C and any other part of these Terms, Part C shall prevail.
36.2 With the exception of Clause 11, 41 and 43 of these Terms, in the event of a conflict in any terms and conditions between an Owner and Guest only and the SPACEPRK Terms, the following order of precedence shall apply: i) any terms provided by an Owner which they expressly state in the relevant Booking or Bespoke Package Booking are to prevail; ii) the SPACEPRK Business Terms at Part C (if applicable to the relevant Member); iii) these terms in Part B; and iv) the remainder of the Terms.
37. Owners Obligations
37.1 In offering and/or making your Space available to Guests, in addition to agreeing to the Member Conduct provisions at Clause 16 of the Terms above, as an Owner, you represent and warrant that you will at all times: ensure that your Space is of a high standard and quality and is kept clean, tidy and safe for Guests to use;
a. comply with these Terms and any other obligations to your Guests, including any claims you make relating to your Space;
b. comply with all applicable legislation and recognised industry standards in providing the Space, including fire, safety, building and other codes and regulations;
c. have in place and maintain procedures and policies concerning fire safety, and all appropriate safety and security measures at the Space and make available such policies to the Guest, and to SPACEPRK on request;
d. obtain and maintain all insurance that you are legally required to have in place arising in connection with the hire and use of your Space including but not limited to public liability insurance with a reputable provider of no less than €5million (or local equivalent) per event or series of unconnected events, employers’ liability insurance in the sum of €10m, professional indemnity insurance in the sum of €1m, which insurance in each case shall be sufficient to cover the Space, SPACEPRK, the Guest, attendees of any event and, if applicable, the Guest’s clients, against any claims arising from any activities conducted in the Space during the Hire Period;
e. act in a professional manner and with all reasonable diligence, skill and care;
f. act in good faith when dealing with Guests;
g. not (by act or omission) do anything that may adversely affect the reputation of the SPACEPRK brand or the brand of the applicable Guest.
37.2 The Owner further warrants and undertakes that, where the Owner provides Owner Services in addition to the hire of the Space:
a. it and its subcontractors and service providers will perform the Owner Services with reasonable skill and in accordance with recognised industry practice and standards and in any event, to the reasonable satisfaction of the Guest;
b. the Space and all of its subcontractors and service providers are of a good standard and appropriate for the intended use;
c. the Owner Services will conform in all material respects with all descriptions and specifications provided to it by SPACEPRK and will be available to the Guest for the agreed Hire Period;
d. all of its employees, agents and contractors carrying out the Owner Services shall be suitably qualified with appropriate levels of training, experience and seniority to carry out the Owner Services;
e. the Owner Services will be provided in accordance with all applicable legislation from time to time in force and the Owner will inform the Guest as soon as it becomes aware of any changes in that legislation to the extent that such change may have a material impact on the Owner Services or an event;
f. the Owner shall be responsible for ensuring that the Guest’s use of the Space is free from outside distractions, disturbances and interruptions, including, without limitation, disturbances from other events being held at the same location and in the immediate vicinity of the Guest’s event;
g. at all times during the Hire Period, the Owner shall ensure that the Space shall be in at least materially the same condition as it was on the date of the Booking; and
h. the Owner will notify the Guest immediately on becoming aware of any event or circumstance that has caused or may cause a delay in the commencement or completion of the Owner Services or may affect any matter relating to a Booking and shall remedy at its own cost any part of the Owner Services which do not conform to these Terms.
38. Guest's Obligations and Damage to Spaces
38.1 Guests must use the Space in accordance with these Terms and must pay the Space Fees as per the payment terms outlined in Clauses 11-15 above for any Booking made via the SPACEPRK Site and/or Services and any additional amounts agreed in respect of any Owner Services as well as any applicable Damage Deposit as outlined in the Booking or Bespoke Package Booking If Payment is not made in accordance with these payment terms your Booking or Bespoke Package Booking may be at risk.
38.2 Each Guest shall act in a reasonable manner and comply with the specific Owner requirements identified in the applicable Listing.
38.3 Guests shall ensure that they obtain and maintain all appropriate insurances arising in connection with the hire and use of the Space including but not limited to public liability insurance with a reputable provider of no less than €5million (or local equivalent) per event or series of unconnected events if required.
38.4 If a Guest uses a Space in a way that contravenes the Terms then the Owner has the right to retain part or all of the Damage Deposit collected from the Guest at the time of the booking in accordance with these Terms.
38.5 As a Guest, you are responsible for leaving the Space 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 Space. In the event that an Owner provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items and authorise the Owner or SPACEPRK acting on behalf of the Owner to deduct any damages from the Damage Deposit. After being notified of the claim and given forty-eight (48) hours to respond, the payment will be taken from your Damage Deposit, unless you elect to have the matter referred to mediation with SPACEPRK. If there is no Damage Deposit then the recovery of damages will be a matter to be determined between the Guest and the Owner and SPACEPRK will have no role to play in such determination.
38.6 Where a dispute is referred to SPACEPRK, SPACEPRK will use its commercially reasonable efforts to address Members’ requests and claims relating to Damage Deposits, but SPACEPRK is not responsible for administering or accepting any claims by Members relating to Damage Deposits, and disclaims any and all liability in this regard.
38.7 If an Owner does not provide evidence of damage, including but not limited to photographs within 24 hours of the Hire Period taking place then the Owner agrees to return the Damage Deposit to the Guest immediately.
39. Services Providers
39.1 Subject to agreement by the Owner, the Guest shall have the right to engage any reputable services provider of its choice to provide services such as, but not limited to, audio-visual equipment and operation, floral, security, photographic, labor, entertainment and other similar services required by the Guest at the Space during the Hire Period. The Owner shall not charge a surcharge for use of such outside service providers and shall reasonably cooperate with such outside service providers. The Owner will supply supplemental equipment and resources on an as-needed basis, at such rates as the parties may agree in writing.
40. Cancellations and Refunds
40.1 If, as a Guest, you wish to cancel a confirmed Booking either prior to or after arriving at the Space or at any time during the Hire Period, the cancellation policy as advertised on the Listing of the Booking or Bespoke Package Booking shall apply (“Listing Cancellation Terms“). The Listing Cancellation Terms will be advertised as Strict, Moderate, or Flexible and the full details will be displayed (please refer to SPACEPRK Cancellation Policy). Excluding Clause 40.4 and 40.6, only where an Owner has attached to the Listing as part of the Booking or Bespoke Package Booking its own terms and conditions that detail a cancellation policy (“Owner Cancellation Terms“), then such Owner Cancellation Terms shall apply.
40.2 Dependent on the terms of either the applicable Listing Cancellation Terms or Owner Cancellation Terms, SPACEPRK will refund the applicable Space Fees plus Damage Deposit to the Guest within seven days of notification of cancellation, as long as such Space Fees are still held by SPACEPRK. If SPACEPRK has already remitted the Space Fees to the Owner on behalf of the Guest as per Clause 11.4 above, then the Owner will refund the applicable Space Fees for such Booking to the Guest in accordance with the applicable Listing Cancellation Terms or Owner Cancellation Terms, the Guest will receive an email or other communication from SPACEPRK containing alternative Listings and other related information. If the Guest makes a Booking Request to one of the alternative Listings and the Owner associated with such alternative Listing confirms the Guest’s Booking Request, then the Guest agrees to pay the Total Fees relating to the confirmed Booking for the Space in the alternative Listing, in accordance with these Terms (including SPACEPRK’s Owner Fees for the applicable Listing).
40.3 If an Owner cancels a confirmed Booking or Bespoke Package Booking made via the Site and/or Services either prior to or during the Hire Period, subject to Clause 39 and 43.2 and dependent on the terms of either the applicable Listing Cancellation Terms or Owner Cancellation Terms, SPACEPRK will refund the applicable Space Fees plus Damage Deposit to the Guest within seven days of notification of cancellation, as long as such Space Fees are still held by SPACEPRK. If SPACEPRK has already remitted the Space Fees to the Owner on behalf of the Guest as per Clause 11.4 above, then the Owner will refund the applicable Space Fees for such Booking to the Guest in accordance with the applicable Listing Cancellation Terms or Owner Cancellation Terms. The Guest may receive an email or other communication from SPACEPRK containing alternative Listings and other related information. If the Guest makes a Booking Request to one of the alternative Listings and the Owner associated with such alternative Listing confirms the Guest’s Booking Request, then the Guest agrees to pay the Total Fees relating to the confirmed Booking for the Space in the alternative Listing, in accordance with these Terms (including SPACEPRK’s Owner Fees for the applicable Listing).
40.4 If a Guest or Owner cancel a confirmed Booking or Bespoke Package Booking, SPACEPRK’s Owner Fees and Processing Fees are non-refundable regardless of the reason for cancellation or any additional terms and conditions that may have been agreed to between the Guest and Owner (“Owner Cancellation Terms”) as part of the Booking.
40.5 Subject to Clause 38 and Clause 42.2, if an Owner cancels a confirmed Booking for any reason other than for non-payment from the Guest, then SPACEPRK may at its absolute discretion also apply penalties or take the following actions including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keep the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) impose a cancellation fee equal to 25% of the Space Fees (to be withheld from any future payments or invoiced to the Owner as a one off penalty charge).
40.6 Where a SPACEPRK Business Customer makes a Booking using Payment by Invoice via the Site and/or Services and a Booking Request confirmation is received, the Listing Cancellation Terms will be “Strict” as detailed in SPACEPRK’s Cancellation Policy.