1. Warmrental.com is an internet platform of Warmrental Limited and uses this General Terms and Conditions. It is often referred in this terms as Warmrental.
2. “ Users” of Warmrental.com platform are legal persons who use the services of Warmrental to process their services request. Often here referred as “Users” or “User”
3. All Users are obliged to respect the Terms and Conditions announced in this platform in order to maintain a correct procedure of their services request.
4. By processing their requests in this platform the Users are giving consent to the validity of the Terms and Conditions here announced.
5. Warmrental reserves the right to modify or amend any of the Terms and Conditions with any economic or legal requirement. All modifications will not become part of the agreed terms and conditions by Users until they have been given to Users to consent. It is enough for Warmrental to notify and inform Users by email address of any terms and conditions modifications. If the User does not request their services cancelation, the consent will be granted automatically after 7 days from the terms and conditions changes notification.
6. The platform is an online website that allows users to get connected to rent apartments, houses, villas, rooms or other types of accommodation. Here often referred as “rentals”.
7. In Warmrental.com platform Users can get in contact with each other and process their agreements. Warmrental does not offer any type of rentals; it only acts as a platform for processing those agreements between users.
8. The leases of rentals are merely concluded between the Users. Users that provide accommodation are often referred here as “Owners” and Users that want to make use of the rentals often referred as “Travelers”. Warmrental acts only as a representative of the Owners to conclude an agreement on the behalf of the Travelers.
9. Warmrental does not check the accuracy, legality, content or other local requirement laws of the Owners or Rentals. The Travelers and the Owners are responsible to resolve their contractual obligations. In the event of any disagreement it should be solved between Travelers and Owners directly. Warmrental just limits their action to provide the contact information of each of the parts for this matters.
10. Warmrental is not responsible for Owners content and it does not represent Warmrental views. Owners can also use their own terms and conditions and do not have any effect against Warmrental Terms and Conditions. Special Terms and Conditions used by Owners should be published into their advertisings for Travelers to check and consent.
11. Owners and Travelers are obliged to fulfill the provisions from public law, including Municipal codes and Property Rentals local codes.
12. Registration in Warmrental.com is free and requires Users to accept the Terms and Conditions here referred. The email is sent for confirmation and IP data is stored.
13. Registration is only allowed to natural and legal persons or enterprises fully legal for this activity. The registration of a legal person or enterprise can only be processed by a natural person with powers to represent legally agree to this Terms and Conditions.
14. Users are obliged to give accurate data on their personal details and complete the registration form with they legal names, email and correct company name if applicable and postal address (PO Box not acceptable). When registering the Users choose a username and a password.
15. The Users are fully and solely responsible for all the content that is published on Warmrental.com. Users agree not to have any illegal content on the platform or any content that violates the laws.
16. The Owners are responsible for ensuring the Rentals they offer in Warmrental.com.
17. All the information provided by the Owners have to be accurate and complete.
18. There is a General Cancellation and No-Show Policy.
19. Users are entitled to keep their data complete and accurate and Users accounts are not transferable.
20. The Users are liable for all their actions to Warmrental.
21. If privacy of Users have been stolen or being used by third-parties without Users consent, Warmrental should receive a notification to block the account until regular situation is established.
22. Warmrental does not accept any liability for the accuracy of any data provided or displayed by Users in Warmrental.com.
23. Users are not allowed to block, rewrite of modify the content that has been approved with Warmrental consent. All additional Terms and Conditions have to be pre-approved by Warmrental and it reserves the right to exclude them from the terms and conditions of the advertisements.
24. Users do not have the right to send any mass messages using Warmrental.com or use the private data of another users to send communication without consent.
25. Users are responsible themselves to archive their records and processes using Warmrental.com for all purposes. Warmrental.com is not entitled to have those informations of Users available.
26. Warmrental is entitled to exclude members and delete content and to make legal proceedings against users for misusage of the platform.
27. All written and multimedia content developed by Warmrental for Users has copyrights in the name of Warmrental Limited and can not be used by Users in third-parties unless used or expressly agreed by Warmrental.
28. When users provide written content or upload multimedia content to Warmrental, their agree that they have the exclusively rights of this content and provide Warmrental the right to use that content in Warmrental.com and third-parties. The responsibility that this content does not violate any applicable laws or legal provisions is Users responsibility.
29. Users are not allowed to use any content that expresses pornographic, violence or race baiting.
30. The Users have no legal right to use permanently Warmrental.com and Warmrental can delete or eliminate their accounts and records to maintain the service without disruptions.
31. Users are not allowed to block, rewrite of modify the content that has been approved with Warmrental consent. All additional Terms and Conditions have to be pre-approved by Warmrental and it reserves the right to exclude them from the terms and conditions of the advertisements.
32. Warmrental is entitled to exclude members and delete content and to make legal proceedings against users for misusage of the platform.
33. All written and multimedia content developed by Warmrental for Users has copyrights in the name of Warmrental Limited and can not be used by Users in third-parties unless used or expressly agreed by Warmrental.
34. When users provide written content or upload multimedia content to Warmrental, their agree that they have the exclusively rights of this content and provide Warmrental the right to use that content in Warmrental.com and third-parties. The responsibility that this content does not violate any applicable laws or legal provisions is Users responsibility.
35. The Users have no legal right to use permanently Warmrental.com and Warmrental can delete or eliminate their accounts and records to maintain the service without disruptions.
36. When Owners list their Rentals with Warmrental.com, they ensure:
a) description and images do not violate any laws, agreements or third-parties rights. Calendars are fully updated and Instant Booking is allowed for their properties.
b) Owners comply with public laws and regulations, including local tax obligations or any other indirect taxes that they are obliged to comply with.
Booking and Payment
37. The payment should be processed by Travelers with a percentage (20%) of the total rental stay in advance, paid by Paypal accounts of using Credit Cards directly into Paypal Website. Using all secure and regulations provided by Paypal that is often considered as one of the most safe payment gateways (using SSL communications and full privacy of data). Payment private data provided to Paypal is not stored in Warmrental and is not entitled to have any liability for it.
38. On the conclusion of the booking, Travelers will receive an email with correct address of the rentals selected and the Owners contact in which their will be required to finalize the rental agreement.
39. Travelers are required to pay the remaining amounts and security deposit to Owners when arriving at the rentals.
40. Warmrental is entitled to modify the terms of reservation if any of the initial conditions can not be satisfied and without any liability for cancelations or reallocation provided by Owners.
41. Owners are fully liable for cancelations of the agreements. In case of a cancellation due Owner decision:
a) Owner can provide a solution for Travelers when for any major circumstances they can not fulfill their agreement with the Travelers.
b) Travelers are not required to accept the alternative presented by the owner.
c) Warmrental will charge the processing fees of the Canceled Booking and will charge the reallocation costs to the Owner.
42. In case of cancellation due Travelers decision, 20% of the owner amount will be assured to the owner within 48H after the check in date.
a) This cancellation fee is applied for reservations cancelled less than 3 weeks of check in date;
b) This cancellation fee will not be paid if it is verified that Warmrental has sold the target period of cancellation or in case of other agreements established previously.
44. The Owners reserve the right to charge any on-site consumptions (such as electricity, water, heating) if it is advertised or agreed with the Travelers. Those costs will not be taken into account when processing Warmrental fees. The same applies for Security Deposits.
45. Travelers and Owners are not allowed to develop direct contact with each other to expressly avoid processing fees from Warmrental. In the event of Rentals agreement extensions, Owners and Travelers should communicate with Warmrental to pay the corresponding processing fees.
46. In the event that travelers have used a third-party website to make the reservation and have done full payment in advance, Warmrental will process the payment to the Owner to a Paypal account one or two days after the booking once the payment is received from third party website. In the event of a lack of payment from the third-party website to Warmrental, Warmrental is not liable for the losses of the Owners and will not have to proceed with the payment. Owners are entitled to process legal actions against the third party website with the help of Warmrental. All incurred costs are liability of the Owner.
47. Warmrental.com has a system to collect reviews of the Rentals from all third-parties and direct bookings. Reviews are intended to be reflecting the exact experience of the Travelers and are not reviewed or modified by Warmrental.
48. Travelers should not violate third-parties rights when writing their reviews and should not contain defamatory messages. The incorrect use of this terms entitles Warmrental to intervene in the management of the reviews.
49. Warmrental has the right to permanently block a user for misusage of the terms and conditions, violating any local regulations or laws and for damaging any of the rentals, not fulfilling their contractual obligations with Owners and not proving the correct conditions to Travelers.
50. The agreement between Warmrental and Users is concluded for an indefinite period and should be terminated by:
a) any requirements of law, courts or official authority, without having the possibility of using Warmrental.com in this form.
b) Warmrental discontinues business activities or Warmrental.com
c) Insolvency proceedings initiated.
d) Request of the Users with 30 days in advance.
e) Users violations of their obligations.
51. All leases that have already been concluded before termination of agreement and with validity after termination are liability of the Users and should be fulfilled. The cancelation is only applicable to new bookings.
52. Warmrental reserves the right to make the final determination with regard to disputes between guests and owners.
53. As Warmrental does not participate in contractual relationship between the Owners and the Travelers, Warmrental does not accept liability for the contracts of accommodation.
54. Warmrental is entitled to transfer or sell all the rights to third-parties.
55. This agreement is subject and solely to substantive laws of Hong Kong and all disputes should be open in Hong Kong.
56. Warmrental Limited is incorporated in Hong Kong with address: 2003, 20/F, Tower 5, China Hong Kong City, 33 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong and engages is subsidiary Warmrental Limited Sucursal in Portugal to process its wire transfers payments when requested and Paypal to all credit card and online transactions.