Last Revised: 15 December, 2020
Viagem Inc. and its affiliates (“Viagem”, “we”, “our”, “Company”) welcome you (the “User(s)”, or “you”) to our online website at: https://www.stayviagem.com/ (the “Site”). Viagem is a hospitality company that offers short-term rentals for guests to stay in fully-furnished and stylishly designed apartments in prime urban locations (the “Services” as further detailed in Section 2 below). You may use the Platform and/or the Site in accordance with the terms and conditions hereunder (as such terms defined below). The term “User” or “you” refers to (i) Users visiting the Site; (ii) the users of the Service, as applicable.
- Acceptance of the Terms
The Services is not allowed for use by individuals who are under the age of twenty one (21) years old (see Section 10 below for further information).
- Viagem Services
Viagem is an online booking platform (the “Platform”) that enables Users to book accommodation solutions (i.e. apartments, rooms or certain properties, etc.) (each, an “Apartment”) offered by Viagem or by third-party service providers through the Platform on a short-term lease basis.
Viagem may also offer Users with hospitality services such as: (i) accommodating in a serviced Apartment; (ii) professional cleaning services; (iii) quality bedding and linens; (iv) complimentary toiletries; (v) high-speed Wi-Fi; (vi) secure, keyless entry; (vii) guest communication services and more (collectively, the “Hospitality Services”).
The Platform and the Hospitality Services shall be referred herein as, the “Services”.
To reserve accommodation in an Apartment (the “Reservation”), you need to access and use the Platform, select the desired destination, the check-in and check-out dates, the number of the guests that intend to occupy the Apartment, and select the Apartment you wish to reserve (the “Reservation Procedure”). Following your confirmation of the Reservation, We will send you with a confirmation notice (the “Confirmation Notice”) to the e-mail address you provided.
You acknowledge and confirm that in order to prevent fraud and to provide our Users with a safe and secure experience, Viagem may (but is not obligated to): (i) ask you to provide additional information (including by providing a form of government identification if applicable); or (ii) conduct additional checks designed to help verify your identity; or (iii) screen your information and obtain public records or reports made out of such records with respect to criminal convictions, sex offenders registration, or any similar registration.
2.2 Fees and Payments.
We reserve the rights to: (i) determine pricing for the Services and any part thereof or any other product and/or service we may offer, if any; (ii) offer you with any Apartment that we believe that may meet your requirement and omit any Apartment from such offering; (iii) make or list any promotional advertisements as part of the Services.
As a consideration for the Services, you will be charged with fees with respect to its Services (“Base Fees”) and with additional charges (as applicable) that may be comprised of: occupancy taxes, hotel fees, service charge, cleaning fees, etc. (collectively, the “Additional Charges”).
2.3 Modification and Cancelations.
During your accommodation in an Apartment, you may submit a request to Viagem for extending your stay at the Apartment. Such request shall be submitted to Viagem at least 24 hours before the agreed checkout date and time. Viagem may extend or refuse to extend your accommodation at the Apartment, at its sole discretion.
You may also request to modify a Service provided or any part thereof. Viagem may accept or reject your request, at its sole discretion, and may separately charge for such change or additional Services provided.
2.4 Apartment Availability
In the event that the Apartment you have booked is not available for the period of Reservation or any part thereof, we will offer you to either: (i) cancel your reservation; or (ii) allow Viagem to make reasonable efforts to find you with a suitable, available Apartment. If you elect to receive full refund from us, you will be entitled to the exact Base Fees we have charged you. You hereby agree that you will not be entitled to any other fees or amounts relating to such Reservation. The Additional Charges may be refunded if the fees received against such charges were not already paid to any third-party.
2.5 Cancelation of Reservation
If you wish to cancel a Reservation you will be able to do so by providing us with a cancelation notice via e-mail.
You will be entitled for a full refund of the Base Fees if your cancelation request is made within forty-eight (48 ) hours after our Confirmation Notice. If you cancel within five days of the check in date, the first night is not refundable, but 50% of the nightly rate for the remaining nights will be refunded.
If you arrive and decide to leave early, 50% of the nightly rate for the nights not spent 24 hours after the cancellation is received, will be refunded.
If you repeatedly cancel reservations that were confirmed by us, we reserve the right to suspend or terminate your access to the Services at our sole discretion.
2.6 SMS Terms
Certain conduct is strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result (at Viagem’s sole discretion) in the termination of your access to the Site and/or Service and may also expose you to civil and/or criminal liability.
- Use of the Apartments
- You are solely responsible for leaving the Apartment in the condition that it was provided to you upon your arrival. You acknowledge and confirm that you are solely responsible for the acts and omissions of any individuals permitted by you to have access to the Apartment (or anyone on their behalf) (collectively the “Permitted Guests”).
- If Viagem believes, at its sole discretion, that you or any Permitted Guests caused any damage whatsoever to the Apartment during your stay in the Apartment, including but not limited to broken furniture or fixtures, damages to the walls or damages related to smoking inside the Apartment, Viagem may charge you payments related to such damage including all payments required to repair the damages.
- We reserve the right at all times during your occupancy period to permit other individuals to enter the Apartment, at any time in the following circumstances or for the following purposes: (i) in response to your written or verbal request, upon your consent, or as necessary to provide the Service to you; (ii) to investigate, address, or prevent any actual or reasonably suspected or foreseeable past, current, or impending unlawful activity; (iii) to prevent or mitigate bodily harm to you or others that we reasonably expect has occurred or may occur; (iv) upon your breach of any provision of this Agreement, provided that we give you prior notice (e.g., by email, phone, text message, or knocking on the door); (v) for any purpose (including for repair and maintenance), provided that we give you reasonable notice (e.g., by email, phone, text message, or knocking on the door); (vi) to cooperate with requests from law enforcement officials to enter the Apartment; (vii) where we believe reasonably necessary to protect the personal safety, rights, or property of us, you, any third party, or to prevent fraud or other unlawful activity; and/or (viii) at any time in the event of an emergency. You hereby agree to direct any repair, maintenance and other operational questions, requests, or complaints to Viagem and shall not direct any such communications to the landlord or to any other non Viagem staff in the property.
- You and your Permitted Guest(s) may use only the Apartment amenities (e.g., fitness room and gym equipment) that are described in your Confirmation Notice. You agree to comply and ensure all of your guests’ compliance with all of our and the applicable landlord’s rules with respect to your and your guests’ use of such amenities. You understand and agree that use of such amenities may be suspended if you or any of your guests violate any such rules. You shall be responsible for any damage to such amenities that you or any of your guests cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR PERMITTED GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE VIAGEM IN CONNECTION WITH ANY USE OF SUCH AMENITIES.
- You Reservation continues from 3 pm local time on your check-in date until 11 am local time on your check-out date. Early check-ins and late check-outs must be authorized in writing by You will be obliged to pay a late check out fee after 12 pm. The fee is the apartment’s base rate price for that day and does not entitle guest to stay that night. You must vacate the Apartment on the check-out date.
- You must comply with the occupancy limits detailed for the applicable Apartment and Confirmation Notice.
- You agree to abide by all rules and regulations set forth by local laws.
- High speed wireless internet is provided as a convenience only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.
- Unfortunately, we cannot allow pets in our Apartments, other than service animals, unless explicitly agreed otherwise in writing by Viagem.
- Smoking or vaping is prohibited in our Apartments (including in balconies and common areas) unless otherwise agreed in writing by Viagem.
- You agree to refrain from any activities that would disrupt the peace of neighbors including in connection with excessive noise, smells, lights etc.
- You agree to comply with the property’s rules, including quiet hours, and to all local noise regulations.
- You may not hold events (such as parties, celebrations or meetings) at the property without the advance written consent of Viagem. Any of these cases will allow Viagem to terminate the Agreement without providing a refund of any payment the Guest has paid for the booking and Viagem will not be legally responsible to find any alternative accommodation. You agree not to engage in activities that may disturb or threaten the rights, comfort, health, safety, or convenience of others including, but not limited to, by verbal or physical harassment; manufacturing, delivering, possessing with intent to deliver, or otherwise possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others; storing anything in utility closets that house any gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community; or taking any action that would injure or derogate from our reputation in any way, including making any untrue allegations against Viagem to others, whether online or otherwise.
- Viagem can refuse to allow the Guest into the property or ask the Guest to leave if they reasonably believe the Guest or any member of the Guest’s party (or any other person invited by the Guest to the property) are behaving illegally or that any damage is likely to be caused, has been caused or is being caused as a result of the Guest behavior or any members the Guest has invited to the property and without providing a refund of any payment the Guest has paid for the booking and Viagem will not be legally responsible to find any alternative accommodation.
- A breach of the aforementioned rules in this Section, may result in eviction with no liability on Viagem.
- Viagem is not responsible for keeping your belongings or any items of any party left behind.
- If there is damage to the Apartment, you agree to report it to us immediately.
- Viagem Intellectual Property Rights
You hereby grant us and our agents and affiliates, permission and a license to take, use, reuse, and publish the likeness of you and any minor occupants in all photographs or other electronic and/or digital media in any and all of our publications, including, without limitation, any website entries, advertising websites, and any other marketing materials. You understand and agree that these materials will become Viagem property and will not be returned. You agree to irrevocably authorize Viagem, its agents and affiliates, to edit, alter, copy, exhibit, publish, or distribute this media for any lawful purpose whatsoever including, without limitation, promotional and advertising uses. You waive the right to inspect or approve the finished product, including any written or electronic copy, wherein your likeness appears now or in the future. In addition, you waive any right to payment, royalties, or any other compensation arising or related to the use of the media.
“Viagem” and all logos and other proprietary identifiers used by Viagem in connection with the Services (“Viagem Trademarks”) are all trademarks and/or trade names of Viagem, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to Viagem Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Viagem Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
- User Generated Content
6.1 The Platform may allow you to upload, post, publish and make available through it, your own copyrightable materials such as texts, images, photos, videos, strips and any other proprietary materials, including without limitation commenting and providing feedbacks to certain Apartments (the “User Generated Content”). Please be sure that while you use the Platform you respect the proprietary rights including any intellectual property and privacy rights of third-parties who have any rights with respect to the User Generated Content you uploaded to the Site. Viagem will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content and you shall fully indemnify Viagem for all losses and damages caused in connection with your User Generated Content.
6.2. As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You hereby further acknowledge and agree that the User Generated Content is non-confidential.
6.3 You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content, on the Platform, in any way. You hereby warrant that your User Generated Content is true, current, accurate and complete.
6.4 You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Site or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content, which are required to use and to enable the Platform to use the User Generated Content you upload and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).
IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.
6.5 You expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles. You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Viagem to use or possess in connection with the Services (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
6.6 Although Viagem has no obligation to screen, edit or monitor any of the User Generated Content, Viagem explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Site at your sole expense.
6.7 When you upload, post, publish or make available any User Generated Content on the Site or use such User Generated Content, you grant to: (i) Viagem an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Platform and/or Site, whether through the internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the Platform a non-exclusive and royalty-free license to access your User Generated Content through the Site and Platform and to use such User Generated Content solely for personal and non-commercial purposes. You understand that User Generated Content such as photos may also be shared with third-parties according the license given above. Company may publish and use any User Generated Content without the User prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third party. Company shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.
6.8 Viagem takes no responsibility and assumes no liability for any User Generated Content uploaded, posted, published and made available by you or any third party in the Site, or for any loss or damage thereto, nor is Viagem liable for any mistakes, defamation, libel, falsehoods, obscenity or pornography you or any other third party may encounter.
To enjoy the Services, you must be over the age of twenty one (21) years old. Accessing or using the Services by anyone under twenty one (21) years old is expressly prohibited. By entering, using or accessing the Services you hereby warrant and represent that you are over twenty one (21) years old, and you are capable of entering into a valid and binding legal contract with Viagem. In the event that it comes to our knowledge that a person under the age of twenty one (21) years old is using the Services, we will prohibit and block such User from accessing the Services and will make all efforts to promptly delete any personal information with regard to such User.
- Links to Third Party Websites
The Site and/or Platform availability and functionality depend on various factors, such as communication networks. Viagem does not warrant or guarantee that the Site and/or Platform will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
- Changes to The Site and/or Platform
Viagem reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site and/or Platform (or any part thereof) without notice, at any time. In addition, you acknowledge that the Content provided may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Viagem shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site, the Platform or the Content included in this Site and Platform.
- Disclaimer and Warranties
VIAGEM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE PLATFORM AND/OR THE SITE.
THE SITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT AND ANY INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING WITHOUT LIMITATION, THE QUALITY OF SERVICES. VIAGEM DISCLAIMS AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE SITE AND/OR PLATFORM. VIAGEM DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED ON THE SITE AND/OR THE PLATFORM. THE USE OF THE SITE AND/OR PLATFORM IS ENTIRELY AT YOUR OWN RISK AND VIAGEM SHALL HAVE NO LIABILITY RELATING TO SUCH USE.
VIAGEM DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE SERVICES AND/OR PLATFORM IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; VIAGEM MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AND/OR SERVICES AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES ON THIS SITE WITHOUT ANY NOTICE TO YOU.
VIAGEM DOES NOT WARRANT THAT ANY SELECTION OF AN APARTMENT MADE DURING THE USE OF THE PLATFORM AND/OR THE RESERVATION PROCEDURE AND/OR THE SITE, PRIOR TO THE RECEIPT TO BE PROVIDED TO YOU BY VIAGEM, SHALL BE CONSIDERED AS A BINDING CONTRACT, AND VIAGEM SHALL HAVE NO LIABILITY RELATING TO SUCH RESERVATION.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE, THE SERVICES AND/OR PLATFORM, INCLUDING MAKING ANY RESERVATION IS ENTIRELY AT YOUR OWN RISK.
- Limitation of Liability
YOU HEREBY ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY RISK ARISING FROM YOUR USE AND/OR ACCESS TO OUR SERVICES, INCLUDING BOOKING, MAKING A RESERVATION AND/OR ACCOMMODATING AT THE APARTMENTS, AND IN NO EVENT SHALL VIAGEM, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF SUCH USE.
You will notify us promptly after the occurrence of an indemnifiable event and Viagem reserves the right (but not the obligation), at its own expense, to assume the exclusive defense and control of any matter otherwise and you agree to fully cooperate with our defense of any claims with respect to such indemnifiable event.
- Misconduct and Copyright Agent
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to us; provided your report will not incur any liability. Viagem’s e-mail address for reporting any misconduct is: firstname.lastname@example.org
Viagem respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to Viagem’s Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Viagem to locate the material (including URL address); (iv) a statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Viagem’s Copyright Agent can be reached through the address specified above.
In the event that Viagem receives notice regarding a copyright infringement, it may take any webpage down and/or remove any content in its sole discretion, with or without prior notice. In such case, a party that sees itself damaged by Viagem’s actions, may file a proper counter-notice in which you must include: (1) full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) consent to an appropriate judicial body; and (5) any other information required under the relevant applicable law. Viagem reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
- Amendments to the Terms
- Termination of Site’s Operation
This Agreement does not give you rights as a tenant in any form, under contract or under law, and Viagem retains the right to control, manage, and possess the Apartment. You do not have the right to exclude Viagem from the Apartment. You only right is for the designated use of the Apartment as detailed herein.
The waiver by Viagem of any breach by you of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same provision or any other provision in this Agreement.
- For Information, Questions or Notification of Errors
By submitting any feedback, including, but not limited to, comments, suggestions, and ideas (collectively, “Feedback”), to Us, you hereby acknowledge and agree that you automatically and irrevocably grant Viagem an unrestricted, unconditional, unlimited, worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, fully paid up, perpetual, irrevocable right and license to use your Feedback, including, without limitation, all intellectual property or proprietary rights whatsoever contained in your Feedback, in any manner, including in advertisements and including for making derivatives thereof.