TERMS OF SERVICE
Effective as of: Februar 4, 2019
Your continuous usage and access to our Services (as specified below) are subject to these Terms of Service or related documents. Please read these Terms of Service carefully, as it informs you on (a) The Website’s reserved rights, (b) Basic Usage guidelines in respect to User Conduct and (c) Reserved rights in cases of breach of these Terms of Service, (d) The Services provided while using the ViolinVilla Website, (e) The Services rendered by Us when participating in our Events and (f) Binding personal jurisdiction, choice of law and waiver clauses that you enter into.
1. ACCESS TO AND USE OF OUR WEBSITE
- Access to this Website is provided free of charge. Your Usage of our Website is governed by these Terms of Service at all times.
- Access to certain services offered on our Website may be subject to a fee, in specific offers as presented to you on our Website.
- Access to ViolinVilla.com is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue ViolinVilla.com (or any part of it) at any time and without notice. We will not be liable to you in any way if ViolinVilla.com (or any part of it) is unavailable at any time and for any period.
- In order to use our Services, you must have full capacity to enter into legally binding contracts under applicable law and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
- Without limiting the foregoing, the website is not available to children (persons under the age of 18). By becoming a User and/or using our provided Services, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement. You represent and warrant that you are at least 18 years old. Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities. Our Website reserves the right to terminate and/or refuse to provide you with access to the Website if it is brought to the Website’s notice or if it is discovered that you are under the age of 18 years.
3. ORDERS AND AVAILABILITY OF SERVICES
- An Order constitutes a binding offer from the Participant to Us in order to conclude an accommodation contract. This offer is based on the description of the accommodation or other arrangements, and the supplementary information is to be published on the Website (without limitation to: description of location, classification, notes, types of accommodation or arrangement, included extras etc.), as far as the Participant has access to this information. Information in hotel guides and similar directories not published by Us or the Accommodation Provider are not binding upon Us and do not constitute part of its contractual duty unless they have been made part of the Accommodation Provider’s duty through express agreement with the Participant.
- Formation of contract occurs upon receipt of Order Confirmation from Us or an Agency acting in our name. The Order Confirmation shall be sent to your provided email address. If there are any discrepancies between the Offered content of your Order and the Order Confirmation, such occurrence constitutes a new offer on our behalf. The contract shall be formed on the basis of this new offer if the Participant indicates his or her acceptance of this offer by means of explicit declaration or implicit means, namely the payment of a deposit or the balance, or use of the accommodation.
- Orders may be done via the ViolinVilla Website. A Participant is bound by the Terms of Order as set forth in our Website upon formation of contract. Formation of contract requires a previous payment of the booked services by the Participant. We cannot guarantee the availability of our services unless the Order has been previously paid for by the Participant.
- Non-binding reservations may be made by the Participant if such an option exists on the ViolinVilla Website. Unless explicitly specified otherwise in Our offer, any reservations shall be considered Orders pursuant to this section. A non-binding reservation shall be deemed a valid Order when you receive the Order Confirmation on your non-binding reservation.
– Non-binding reservations shall preclude the usage of sections 5, 6, 7 and 8 of these Terms of Service, until they are deemed to be placed Orders.
– Waiting Lists are considered non-binding reservations until paid for and confirmed on our behalf as a valid Order.
4. SERVICES PROVIDED BY US
- It is in ViolinVilla’s right to accept and deny applications for event participation, in sole discretion, with or without disclosing the reasons for the approval or denial of applications for event participation by Participants. Payment shall not be processed by ViolinVilla in cases when ViolinVilla has denied an application for event participation.
- Services are described in detail on the ViolinVilla website, and are binding to Us and the Participant as of the moment of formation of contract as described in section 3 of these Terms of Service.
- When rendering the services pursuant to the Agreement made between Us and the Participant we may process some provided personal information you provide to us in order to provide the Accommodation Provider and parties to the Agreement with information on specifics, such as your contact number, name, surname, e-mail address, time of arrival and interest in associated services we provide you.
- The Services provided by Us shall be executed in accordance with the Schedule for each event organized by ViolinVilla. The Services may include guided tours and other associated services that may or may not be subject to an extra charge, in accordance to the offer information provided on our Website. You may opt in to receiving certain associated services for the price as described in our Offer.
- Prior to rendering the services to our Participants, ViolinVilla provides Participants with a Packing List, shall be open to receive notifications on specific dietary requirements of Participants in a reasonable advance period, possibilities of Participants sharing a room and other specifics as included in the offer. ViolinVilla does not include the transportation price to or from the place of the event. An associated paid service is available for Participants in order to transport them to or from the place of the event.
5. PAYMENT TERMS
- The dates on which the payment of due balance shall be specified in the Booking Confirmation. Please note that unless expressly specified otherwise, ViolinVilla does not offer payment in installments for specific Offers. In the absence of any special arrangement, the full price for the accommodation including charges for additional expenses and additional services shall be payable prior to the Participant’s arrival to the Event.
- ViolinVilla shall charge you all associated services you have opted to use in a manner which is stipulated between the you and the ViolinVilla. If all associated services have been paid up front, ViolinVilla will provide to you such services you have paid upfront and request no additional fees.
- If the Participant fails to pay an agreed deposit or fails to do so in full despite having no contractual or statutory right to withhold payment, and despite having received a reminder from ViolinVilla specifying a deadline by which this payment must be made, and if ViolinVilla is still willing and/or able to provide the contractual services, then ViolinVilla shall be entitled to cancel the contract and to charge the Client cancellation costs in accordance with Section 10 of these Terms of Service.
- Payment is to be addressed to Us, and may be executed in person (in cash or with a credit/debit card), by bank transfer to the designated bank account number, which is to be disclosed to the Participant upon notice of payment, by means of internet payment, made available to the Participant on the ViolinVilla Website. Please note that internet payment protocols use highly secure connections, containing end-to-end encryption, in order to safely transfer your funds. After all payments, the Participant is to receive a written or electronic Order Confirmation pursuant to these Terms of Service, or (if agreed otherwise with the Participant), in a manner as agreed between these parties.
- All prices stated on the ViolinVilla Website are expressed in Euros (EUR). Payment of services is due in full on acceptance of the Order by the Participant.
- Chosen payment methods will be charged as per your choice in accordance to section 5d of these Terms of Service.
6. REFUND POLICY
- A Participant may change a booked order. A Booked order is changed in cases that the Participant has opted for another date when the event is held. Booked Order changes may be subjected to fees in the following order:
|> 90 Days:||€295 is held as booking change fee|
|0 – 30 Days:||75% of your Order price is held as booking change fee|
|30 – 0 Days:||100% of your Order price is held as booking change fee|
- A Participant may cancel a booked order. Booked Order cancellations may be subjected to cancellation fees dependent on the advance notice of cancellation, in the following order:
|> 90 Days:||€295 is held as booking change fee|
|0 – 30 Days:||75% of your Order price is held as booking change fee|
|30 – 0 Days:||100% of your Order price is held as booking change fee|
- In case of No-Show for any reason whatsoever, ViolinVilla shall retain 100% of your Order price, including all payments made to associated services in advance, regardless of their usage.
- In cases of Cancellation by ViolinVilla pursuant to these Terms of Service a 100% refund shall be provided to all Participants on all confirmed Orders.
7. TRAVEL GUIDELINES. INSURANCE
- ViolinVilla does not cover the travel expenses to and from the places in which the event is held. It is the Participant’s sole responsibility to acquire any required visas or short-stay permits. Please make sure to check all visa or other short-term permit requirements, especially in cases when you are a non-EU citizen. Some countries may be allowed for a short-term stay not exceeding 90 days in accordance to mutual bilateral agreements between the EU and third countries. Failure to arrive at the place in which the event is held shall be considered No-Show by ViolinVilla.
- ViolinVilla does not cover any stipulation or expense of insurance that may be required for your short-term stay at the place of the event. Please make sure to check all insurance requirements applicable to you, especially in cases when you are a non-EU citizen.
– Please note that some EU jurisdictions require a compulsory travel insurance when traveling as a tourist in the selected countries.
– If you fail to acquire adequate travel insurance, you are doing so at your own risk and responsibility. ViolinVilla hereby disclaims any or all claims made by Participants resulting from the lack of coverage of any accidental or incidental health or connected issues or expenses arising and/or in connection to your stay at the residence provided by the Accommodation Provider(s) and organized by ViolinVilla.
- For the duration of your stay at the residence in connection to our provided services, you hereby grant us the permission for the following:
– You hereby give us the permission to film and/or record any photo, video and audio of your effigy, activities and performances for the duration of your participation at the ViolinVilla event. You further give us permission for the acquired media to be used by ViolinVilla in post-event materials and marketing purposes.
– The Participant hereby agrees to extend a royalty-free, perpetual, commercial license to any records, films, photographs or other multimedia materials shared directly with ViolinVilla or on the ViolinVilla social media pages. These materials may be used in post-event promotions and marketing purposes.
– The Participant hereby agrees to give ViolinVilla a royalty-free, perpetual, commercial licence of their social media profile picture to be used in post-event promotions and marketing purposes.
– The Participant hereby agrees that ViolinVilla may share her/his contact information with other Participants in the appropriate ViolinVilla event. Provided that the Participant does not want her/his information shared, the Participant will notify ViolinVilla prior to the first day of participation.
- For the duration of your stay at the residence in connection to our provided services, you are expected to behave in an orderly and acceptable manner. Please refrain from making any inconveniences and/or nuisances to the co-participants. Provided that your behavior has proven to cause a significant and/or repeated nuisance or inconvenience to any co-participant, ViolinVilla may treat your behavior as a material breach of the Agreement you have with ViolinVilla, and may:
– Terminate this Agreement with you by cause of material breach of Agreement.
– Suspend further provision of services towards you.
- For the duration of your stay at the residence in connection to our provided services, you are solely responsible for any damages caused to the residence, property or property of others that you have caused damage to.
8. YOUR CANCELLATIONS
- Cancellations may be made by Participants that have received an Order Confirmation at any time. Cancellations may be subjected to cancellation fees pursuant to section 6b of these Terms of Service. Cancelled orders shall be refunded in accordance with the mentioned rules.
- You may be entitled to cancel your booked Order immediately by notifying us, in writing, in the following circumstances:
– ViolinVilla breaches the Agreement made with you in a material way or fails to remedy the breach within 30 days of Participants asking ViolinVilla to do so, in writing; or
– ViolinVilla goes to liquidations or has a receiver or administrator appointed over ViolinVilla’s assets; or
– ViolinVilla changes these Terms of Service to your material disadvantage; or
– Cancellations made by ViolinVilla pursuant to section 12 of these Terms of Service.
9. CANCELLATIONS BY US
- Cancellations may be made by ViolinVilla in cases as described in this section of these Terms of Service. In cases of cancellations made by ViolinVilla prior to rendering services in connection to the Agreement(s) ViolinVilla has entered into with (a) Participant(s), section 6.4 shall apply.
- Cancellations by ViolinVilla may be made in the following cases:
– You fail to make a payment by the due date specified in the booked Order. In such case section 6.4 shall be precluded; or
– You breach the contract made between you and ViolinVilla in a material way and fail to remedy the breach within 30 days of ViolinVilla asking You to do so, in writing. In such case section 6.4 shall be precluded.
10. WEBSITE USAGE TERMS
- By accessing and using the Website you agree to be bound by the Website usage terms, regardless of your status as a website user or participant. The Website reserves the right to terminate this agreement with any user that fails to follow the usage terms as stated herein.
- ViolinVilla hereby grants you a non-exclusive and non-transferable license to access the website’s content. This license limited to personal use, and is further limited according to any Terms that we stipulate with you. Applicable Licensing Terms may be displayed at an accessible place or visible to you.
- When using the ViolinVilla website, please refrain from any usage of the website that may harm intellectual property rights, your or another person’s name, reputation or good faith. When contacting the Customer Support service, the Website’s administrative staff or other Website Users, sharing content, comments, reviews or other user-based submissions if such are allowed on the Website please refrain from any profanity, obscenity, explicit use of language, libelous, defamatory, harassing, discriminatory or other statements. We reserve our discretional rights pursuant to sections 10d and 10e of these Terms of Service for website users that prove to be infringers.
- ViolinVilla reserves the right to terminate a User’s access to its Website or Software if, under appropriate circumstances, they are determined to be repeated Infringers. ViolinVilla further reserves the right to decide whether User Submissions of any kind are appropriate, and if they comply with these provisions. ViolinVilla reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of ViolinVilla and it will include any steps that ViolinVilla finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties. Sanctioned by Governing law, any misconduct and/or breach of the aforementioned usage provisions will be treated as seen fit by ViolinVilla under its sole discretion.
- Methods of preventing further damage or nuisance towards other Users may, ViolinVilla’s staff or other third parties towards which Users have committed a breach of their rights include:
– Suspension or Termination of Your User Account with or without previous notification.
– Temporary or permanent Bans from Our Websites with or without previous notification.
– Other methods ViolinVilla’s staff/administrators see fit.
- ViolinVilla, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that ViolinVilla may disclose Your personal information in the NECESSARY range under Governing law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case ViolinVilla needs to comply with the demands (namely formal requests) of appropriate State authorities.
- ViolinVilla reserves the right to change prices dependent on the demand of the Offers available on its Website. This will not affect any confirmed Orders sent to existing Participants. Cancellation, No-show and Booking change fees shall be governed by the rules as applicable in the time of formation of contract.
- A material breach of the Agreement entered into by ViolinVilla and a specific Participant is to be considered a failure of performance on behalf of the debtor in the specific situation that is significant enough to give the aggrieved party the right to unilaterally terminate the contract.
- Unless special provisions are to apply, this Agreement shall be governed by the Law of California. Place of provision of the services rendered by ViolinVilla shall not be relevant to applicable law of this Agreement or any connected claims.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THIS RELEASE INCLUDES THE CRIMINAL ACTS OF OTHERS.
- This agreement is not to be in favor of a weaker party, as the primary intent of ViolinVilla’s services is to provide these services to businesses and commercial entities.
- THE VIOLINVILLA SERVICES, DOCUMENTATION, AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE VIOLINVILLA SERVICES, DOCUMENTATION, AND THE SITE SHALL BE AT YOUR SOLE RISK. VIOLINVILLA AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS (“VIOLINVILLA PARTIES”): (A) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (B) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (C) DOES NOT WARRANT THAT THE VIOLINVILLA SERVICES, DOCUMENTATION, OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE VIOLINVILLA SERVICES, DOCUMENTATION, OR SITE.
- THE VIOLINVILLA PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, AND THE VIOLINVILLA PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE.
- In the event that ViolinVilla goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with ViolinVilla). You will be notified via email of any such change of ownership of your personal information.
- ViolinVilla reserves the right to discontinue any portion of the whole service with or without previous notice. ViolinVilla is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of ViolinVilla and the Return and Shipping policy.
- These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and ViolinVilla.
- The Service’s failure to act in a particular circumstance does not waive the ability to act with respect to the specific circumstance or circumstances similar to it. If any provision of these Terms is rendered invalid by statutory provisions, interpretation of the law or its application, rendered unenforceable, it shall not affect the remainder of these terms. The remaining terms shall remain in full force and effect.
- You hereby conclusively enter into this agreement by repeated usage of this Website. If you find any of these provisions unreasonable, please refrain from further usage of this Website.
- You may not assign your rights or obligations under these Terms without ViolinVilla’s prior written consent. If consent is given, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, duties, or obligations under these Terms except as expressly provided in these Terms is void. ViolinVilla may freely assign its rights, duties, and obligations under these Terms.
- Except for any payment obligations, neither you nor ViolinVilla will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.
- If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the grant of any license to you under these Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate.
12. CONTACT US
You may contact us in any manner you deem fit, as described below:
- By Post to the Company’s Place of business, located at:
7901 4th St. N
- Contacting our Customer Support email at: firstname.lastname@example.org
Your requests shall be assigned with a request order number and may take some time to process, depending on the queue of requests before you. We may take up to 5 or more business days to process your request.