Luxury Buenos Aires Apartments - Terms and Conditions for Landlords and Users Page 2

General Conditions for Property Owners and Users Page 2

Cause for action

Any dispute or cause for action that any party may have regarding the use of our WEBSITES and/or ELECTRONIC BUSINESS services must be notified within three months that any party considers, feels or thinks a cause for action arises and all parties named or defined herein or otherwise agree first to use our complaints procedure to raise their cause for action and if resolution fails the parties then agree to mediation in Buenos Aires.

REAL ESTATE AGENT Responsibilities

The REAL ESTATE AGENT will pay BASTAY a fee equal to our agreed publishing commission (20% of the total rent) for all clients referred by the WEBSITES who enter into a tenancy agreement; all cancellations of agreed reservations notified to the REAL ESTATE AGENT; and any check-in failure that results from the poor maintenance of real estate or real estate not being an acceptable standard or different from the real estate offer the REAL ESTATE AGENT requests BASTAY publish to our WEBSITES.

When a prospective tenant, subject to our Apartment Rental Terms & Conditions, cancels a confirmed reservation, BASTAY agrees the REAL ESTATE AGENT is entitled to 80% of the rental deposit held by BASTAY. A cancellation fee is a percentage of the total number of days reserved to a maximum of one month or 30 days. As stated above, the REAL ESTATE AGENT agrees to pay BASTAY 20% of the total rent for their cancellation or failures that result from the REAL ESTATE AGENT´s breach or non-performance to these General Conditions.

All money exchanged on behalf of the USER by BASTAY is only exchanged at rates generally offered by the banks of Buenos Aires and more specifically the Banco Nacion at their ‘Compra Rate’.

When BASTAY introduces a prospective tenant and a reservation is agreed with the REAL ESTATE AGENT, an email confirmation is automatically generated by BASTAY. Following the confirmation email, the REAL ESTATE AGENT agrees a tenancy is fully expected to proceed apart from acts of god or if a real estate offer is not as published or uninhabitable when a guest checks into an apartment. BASTAY will only cancel a reservation at no cost to the REAL ESTATE AGENT when notified immediately (within one business day) by email that a tenancy cannot proceed.

The REAL ESTATE AGENT will pay BASTAY a fee equal to our agreed rate of commission (20% of the total rent) for all cancellations and check-in failures that result from the poor maintenance of real estate or real estate not being an acceptable standard or different from the real estate offer the REAL ESTATE AGENT requests BASTAY publish to our WEBSITES.

When a current, past or prospective tenant referred by BASTAY notifies the REAL ESTATE AGENT of a tenancy or extends their stay, the REAL ESTATE AGENT must immediately inform BASTAY of that transaction so BASTAY can charge their rightful fees equal to 20% of the total rent. To be clear, the REAL ESTATE AGENT agrees that 20% percent of rent is always payable to BASTAY for all tenancy agreements and extensions agreed to with a USER.

Where the REAL ESTATE AGENT or USER fails to notify BASTAY of an extension and where BASTAY loses their rightful fees, both the REAL ESTATE AGENT and USER agree to pay such losses without demand.

Should any fees remain unpaid BASTAY will demand unpaid fees or seek collection of those fees by our legal representatives and the REAL ESTATE AGENT and USER indemnify BASTAY against those costs associated with collection of our rightful fees and further agree to pay USD $20 a day in compensation until the debt is paid in full.

The REAL ESTATE AGENT and the USER agree to comply with BASTAY´s complaint´s procedure as published to our website and respond positively to all reasonable requests that may affect the REAL ESTATE AGENT, USER, REPS and BASTAY. The REAL ESTATE AGENT agrees to reimburse rents to tenants for failures of essential services or quash a rental agreement should an apartment become uninhabitable due to failures of essential services or insanitary conditions. Essential Services and Conditions:

a. Electricity
b. Gas
b. Water
b. Sanitary Conditions

USER Responsibilities and Agreements

The USER relies fully on the published real estate offers on our WEBSITES and accepts that BASTAY is merely a publisher and the REAL ESTATE AGENT is fully responsible for the truthfulness, accuracy, quality or correctness thereof. The USER accepts and holds BASTAY blameless for any differences that may appear and accepts the approximations described herein.

The USER agrees that BASTAY is only an ELECTRONIC BUSINESS and recognizes that real estate offers, products, services and/or goods offered and/or published on the WEBSITES are not guaranteed by BASTAY, with the parties that provide such real estate properties, products, services and/or goods bearing full responsibility as regards quality, hidden defects, sufficiency of title and/or any loss or damage that may be suffered by the USER as regards any agreements executed between the parties in relation to such real estate offers, products, services and/or goods.

The USER is responsible for making proper use of the service, expressly undertaking to avoid any type of action that may damage systems, equipment or services, whether directly or indirectly accessible through the Internet, including internal congestion of links and systems and according to these conditions.

The USER assumes full responsibility vis-à-vis BASTAY and third parties for damage that may arise as a result of actions carried out by USER’s dependents or by third parties connected through the USER, as well as damage resulting from failure to abide by the laws or regulations, from other illegal acts or from the wrongful use of the service, with USER being required to compensate and hold BASTAY harmless, in light of any and all claims that may arise.

BASTAY shall not be responsible for adapting the services it provides to the USER’s actual needs.

BASTAY shall not be responsible for damages caused to the USER's equipment, facilities, possessions or personnel, including acts of God or force majeure.

BASTAY shall not be responsible for damage caused to the USER as a result of actions by other USERS or the REAL ESTATE AGENT or REPS or third parties, or for damage resulting from failure of third parties or other USERS to abide by the laws or regulations, or from other illegal acts or wrongful use by third parties or USERS of the service.

If asked to collect money on behalf of a USER it is understood that BASTAY cannot be held liable for the actions or non-performance of either the REAL ESTATE AGENT nor a USER nor any other party and when funds are not paid for whatever reason, BASTAY does not guarantee any payments nor act as a collection agent without written agreement and the costs being paid by the USER.

Miscellaneous terms and conditions

THE REAL ESTATE AGENT agrees to implement changes requested by the WEBSITES in order to improve the marketability of their real estate offers and maintain a high quality standard.

BASTAY will forward a link by EMAIL to the REAL ESTATE AGENT that will show the real estate offer and will not publish or activate without receiving an EMAIL ‘I have checked and I am satisfied with the correctness of the property particulars, please activate/publish my property’.

The USER and the REAL ESTATE AGENT assume responsibility for any consequences arising from installing the software provided by BASTAY (if the provision of software were applicable), regardless of whether such software was taken from magnetic or optical means specially provided by BASTAY or whether it was taken directly from the websites or EMAILS that may affect their computers and/or the software stored therein.

BASTAY shall not be liable for damage, alteration in the information or interferences to the system or the networks resulting from the actions, whether voluntary or involuntary, carried out by third parties.

BASTAY shall not be responsible for the service’s results as long as the facilities necessary for the service’s good working order depend on third parties. This includes information or data loss errors, delay in updates, power cut-offs or interruptions in the service caused by failures not attributable to BASTAY.

Should BASTAY collect money on behalf of a USER or a REAL ESTATE AGENT and any payment is stopped or reversed by a Merchant Service or Credit Card Company or any other payment facility used by BASTAY to receive payments, or should we be forced to deduct/or pay funds subject to the terms herein and/or our Apartment Rental Terms & Conditions, and in particular our Cancellation Policy published to our websites, BASTAY will automatically make deductions from funds held and is not responsible or liable for any loss suffered by the User.

The USER agrees that when making payment by Credit Card or PayPal or another Merchant Service that they will not under any circumstances cancel a payment without first following our complaints procedures and/or seeking to resolve any cause for action or complaint via mediation.

Agreement Cancellation and Termination

BASTAY may terminate the agreement with the REAL ESTATE AGENT featured on our WEBSITES at any time without cause by sending notice by email.

BASTAY reserves the right to remove offers from its WEBSITES without notice and at any point and for any reason without prejudice.

If BASTAY or the WEBSITES receive a complaint from a USER, we reserve our right to investigate and respond appropriately subject to international and local laws. If BASTAY determines that a REAL ESTATE AGENT has not behaved ethically with the USER it may terminate this agreement and support an action by a USER.

If BASTAY becomes aware of or receives a complaint from any person or entity regarding a REAL ESTATE AGENT’S real estate offer or rental practice that, in our sole discretion, warrants the immediate removal of the REAL ESTATE AGENT´S allegedly offensive real estate offer from the WEBSITE (for example, and without limitation, if a REAL ESTATE AGENT double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the vacation rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the WEBSITES without notice to the REAL ESTATE AGENT while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the WEBSITES without notice.

BASTAY reserves the right to remove the REAL ESTATE AGENT and its real estate offer from the WEBSITES and/or seek legal remedy where BASTAY suffers loss or damage, if any one or more of the following clauses is breached:

a. the REAL ESTATE AGENCY declares, transmits or publishes false information;

b. no information updates are prepared by the REAL ESTATE AGENT to ensure data is accurate and correct, to include:

i. apartment availability and blocks are notified immediately by EMAIL to bloqueo@bastay.com;

ii. published rents are current and changed only by EMAIL to terryclarke@bastay.com and are confirmed by EMAIL;

iii.changes or defects are notified immediately by EMAIL to concierge@bastay.com

c. if the information contained in the real estate offer published on the WEBSITES by the REAL ESTATE AGENT is found to be lacking truthfulness and/or accuracy and/or quality and/or correctness and/or is more expensive than similar publishing on competitor websites.

d. if reservations agreed by the REAL ESTATE AGENT by EMAIL are changed or cancelled once BASTAY holds a non-refundable deposit on behalf of the REAL ESTATE AGENT and notifies the REAL ESTATE AGENT by EMAIL.

Property Management

BASTAY provides a full range of property management services via our partners throughout Latin America.

BASTAY prides itself on providing our clients with the strictest confidentiality and privacy.

Property Management and client services (not accounting or contract management) are provided by our agent – Mainline Security Estate Management (MSEM).

The REAL ESTATE AGENT does not have a direct agreement with MSEM and agrees not to solicit any support or services directly from our provider both during the term of any property management agreement or for 12 months after a property management agreement is terminated for whatever reason.

Fees for property management are 10% of published monthly rent as detailed on this website and fees are payable in advance, in monthly instalments by the REAL ESTATE AGENT by bank transfer or PayPal.

In certain circumstances, property management fees might be deferred or waived, particularly when the REAL ESTATE AGENT is in financial distress or when a property is being sold by BASTAY or one of our web brands or agents as an ‘exclusive agent’.

If BASTAY waives or defers fees, the REAL ESTATE AGENT agrees that fees are always payable in full for the entire period that property management services were provided by BASTAY.

The REAL ESTATE AGENT agrees that deferred or waived fees are payable in full, immediately and without demand if the REAL ESTATE AGENT terminates our property management agreement for whatever reason and in particular, when terminating an exclusive agreement to provide international property marketing services and/or when managed property is sold by BASTAY or an agents instructed by BASTAY.

Accounts prepared by BASTAY will detail our management of property and payment of bills and the REAL ESTATE AGENT agrees implicitly that our monthly accounting is sufficient to evidence service provision.

Requesting property management (paid, partially paid or unpaid) and property marketing services, and publishing your property to our websites, expressly accepts the terms herein.

Applicable Laws:

These GENERAL CONDITIONS along with Apartment Rental Terms & Conditions found on our WEBSITES govern the transactions between the REAL ESTATE AGENT, USER and BASTAY and all parties agree that they shall be governed by, and construed and enforced in accordance with, the laws of the Republic of Belize and/or the domicile of the REAL ESTATE AGENT or USER, without regard to principles of conflicts of laws.

Should BASTAY be forced to seek collection of unpaid fees, costs, losses or damages the USER accepts implicitly that we can enforce these General Conditions in the USER’S country of origin.

Dispute Resolution

In the event a dispute arises between a REAL ESTATE AGENT and BASTAY and/or the USER or any of the parties named herein, BASTAY agrees to offer prompt and fair resolution via our complaints procedure and/or mediation without the time required by formal court proceedings.

Severability

If any provision of these GENERAL CONDITIONS is held to be invalid, the remainder of these GENERAL CONDITIONS will remain in full force and effect, and, to this end, the individual provisions of these GENERAL CONDITIONS are severable.

Client Resources
Apartment Rental Terms & Conditions
Complaint's Procedure
BAStay Privacy Policy

Owner Resources
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Mainline Security Estate Management
Mainline Security Estate Management Fees 2009/10
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