Terms and Conditions
Effective date: September 20, 2017
Welcome to Music Traveler!
We, Music Traveler GmbH, and our subsidiaries and affiliates worldwide (collectively, “Music Traveler” or “we” or “us” or “our”, as applicable) provide an online Platform (as defined below) that connects hosts (“Hosts” or “Host” or “you” or “your”, as applicable) who have premises, rooms or space (collectively, “Music Space”) and/or musical instruments and equipment (“Music Instruments” or “Music Equipment,” as applicable), with users (“Users”) seeking to book such Music Space and/or Music Instruments and/or Music Equipment to use for music practice, music performance, music concerts or music events (collectively, the “Services“), which Services are accessible through our website(s) and/or webpage(s) and/or mobile application(s) and/or other social network platform(s) (collectively, the “Platform”). In these Terms and Conditions (the “Terms”), Music Traveler and the Host are, where applicable, collectively referred to as, the “Parties” and each, as a “Party”.
These Terms constitute a binding contractual agreement between you and us, and govern your access to and use of the Platform, its contents (the “Contents”) and the Services.
By using the Platform, you agree to comply with and be legally bound by the Terms, whether or not you become a registered Host or User of the Services under the Platform.
Please note that we may, at our sole discretion, modify or revise our Terms at any time by updating the text of this page, including in relation to applicable fees, without notice to you, and you are bound by any such modification or revision. You should therefore visit this page periodically to review our Terms. Your continued access, use and/or browsing on this Platform following the posting of changes to the Terms means you accept those modifications or revisions.
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE REGION OR TERRITORY. IN MANY REGIONS OR TERRITORIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A MUSIC SPACE AND/OR MUSIC INSTRUMENT AND/OR MUSIC EQUIPMENT, OR ACCEPTING USERS. HOSTS SHOULD REVIEW THEIR LOCAL LAWS BEFORE LISTING A SPACE ON MUSIC TRAVELER.
USERS MUST BE HOLDERS OF A PROPER INSURANCE WHICH COVERS POTENTIAL DAMAGES IN MUSIC SPACES AND, WHERE APPLICABLE, MUSIC INSTRUMENTS AND/OR MUSIC EQUIPMENT.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform, its Contents and the Services, and must exit immediately. Failure to use the Platform in accordance with these Terms may subject you to civil and criminal penalties.
Certain areas of the Platform (and your access to or use of certain aspects of the Services) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. Unless otherwise stated under these Terms, in the event of a conflict between these Terms and terms and conditions posted for a specific area of the Platform, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Platform.
1. Host and User Relationship
The Platform comprises a medium through which Hosts may create listings for Music Spaces and/or Music Instruments and/or Music Equipment, and Users may Book these directly with the Hosts.
You understand and agree that Music Traveler is not a party to any agreements entered into between Hosts and Users, nor is Music Traveler a real estate broker, agent or insurer. Music Traveler has no control over your conduct, that of Users, and other Hosts of the Platform or any Music Space and/or Music Instrument and/or Music Equipment, and disclaims all liability in this regard to the maximum extent permitted by law.
2. Independent Contractor Relationships
If you choose to create a listing on Music Traveler, you first have to be invited by us. You understand and agree that your relationship with Music Traveler is limited to being a Host or User, as applicable, and an independent, third-party contractor, and not an employee, agent, or joint venturer. You act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Music Traveler. Music Traveler does not control, and has no right to control, your listing, your offline activities associated with your listing, or any other matters related to any listing, that you provide.
As a Host, you agree not to do anything to create a false
impression that you are endorsed by, partnering with, or acting on behalf of or
for the benefit of Music Traveler, including, without limitation, by
inappropriately using any Music Traveler intellectual property.
You acknowledge and agree that, by accessing or using the Platform, you agree to be bound by these Terms, whether or not you have registered with the Platform. If you do not agree to these Terms, then you have no right to access or use the Platform.
If you accept or agree to these Terms on behalf of a company or other legal entity or person, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “Host”, “you” and “your” will refer and apply to that company or other legal entity or person.
The Platform, its Contents and the Services are intended solely for persons who are eighteen (18) years of age (the “Minimum Age”) or older. Any access to or use of the Platform, its Contents and/or its Services by anyone under the Minimum Age is expressly prohibited. By accessing or using the Platform, its Contents and/or Services, you represent and warrant that you are the Minimum Age or older.
4. Host Vetting
For Hosts in the United States, Music Traveler may, in its sole discretion and to the extent permitted by applicable law, perform a background check and search and, where applicable, obtain reports from public records of any criminal convictions or sex offender registrations in relation to any Host. Further, the Host hereby gives consent to Music Traveler to conduct background checks as often as required in compliance with federal and state laws and the Fair Credit Reporting Act. The Host hereby agrees to provide any background or compliance document upon request by Music Traveler, including, without limitation, a Good Conduct Certificate.
For Hosts outside the United States, we may, in our sole discretion and to the extent permitted by applicable law, perform a background check and search, and where applicable, obtain the local version of background or registered sex offender records or reports in relation to any Host. You hereby agree and authorize us to use your relevant personal information, such as your full name and date of birth, to obtain such reports from third parties, including, without limitation, from Music Traveler’s vendors. The Host hereby agrees to provide any background or compliance document upon request by Music Traveler, including, without limitation, a Good Conduct Certificate.
5. How the Platform and Services Work
You agree to be bound by and comply with any additional terms, conditions and policies provided by the owner, tenant, and property manager of the Music Space (collectively, the “Music Space Owners”) relating to the use of a specific Music Space and/or Music Instrument and/or Music Equipment, including, without limitations, compliance with building security procedures, IT access and use procedures provided by the Music Space Owners (the “Venue Policies”). The Venue Policies may be provided in electronic format or in hardcopy format, and some times may even be provided on the Platform.
You are responsible for all activity that occurs with respect to your Account, including, without limitation, use of the Platform, its Contents and Services, and the Music Space. Without limiting the foregoing, where other persons are brought into the Music Space following a reservation made through your Account, you do hereby agree to be fully responsible and to indemnify Music Traveler for any violation of these Terms or applicable law, by-laws or regulations, even if such violation was caused by such other persons.
6. Bookings and Financial Terms
Music Traveler reserves the right to determine the prevailing pricing or fees for Services provided on the Platform. Any fees which Music Traveler may charge you for the use of the Platform, its Contents and Services, and the Music Spaces, will be as set out on the Platform at the time of purchase. Such fees are inclusive of any taxes payable, are due immediately at Booking (as defined below), and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, Music Traveler’s decision to terminate your usage, disruption caused to our Platform, its Contents and Services, or the Music Space(s), whether planned, accidental or intentional, or any reason whatsoever.
You do hereby agree that the User shall be charged fees based on the length of the User’s intended Booking stay at the applicable Music Space (regardless of whether the User, thereafter, makes use of the Music Space for a shorter duration). If the User exceeds the amount of time for which the User Booked (as defined below) a Music Space, then the User shall be charged for such excess time, as well as an overage charge if such excess time conflicts with another User’s Booked (as defined below) time. You do hereby consent to such excess time charges and to such overage charge on breaching Users.
Music Traveler, at its sole discretion, may make promotional offers with different features and different rates to any of our Hosts and Users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Music Traveler may change the fees for our Platform, its Contents and Services, or the Music Spaces or other applications, as we deem necessary. We encourage you to check back on our Platform or the Music Spaces or other applications, periodically, for such promotional offers that may be beneficial to you.
“Booking” means a limited license granted by the Host to the User to enter and use the listed Music Space and/or Music Instrument and/or Music Equipment for the limited duration of the confirmed booking, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Music Space and//or repossess the Music Instrument and/or the Music Equipment, in accordance with the User’s agreement with the Host. Reference to “Book” or Booked” has the same meaning as “Booking”.
7. Complaints; Damage and Security Deposit
In the event the Host has a complaint about Music Traveler, the Platform, its Contents and/or the Services, a User or other Hosts, or any other issue in relation to the Terms, the Host shall send a written complaint (email to suffice) to Music Traveler, after which Music Traveler shall try to reach out to the Host within a reasonable period of time, to address the Host’s concerns and resolve the matter. Complaints, inquiries or questions can be sent to Music Traveler at email@example.com.
B. Damage to Music Spaces or Instruments or Equipment and Security Deposits
As a Host, you are responsible for providing Music Space that is inhabitable for the intended use and/or Music Instruments and/or Music Equipment that is functional (including any personal or other property you expressly avail to the User for use located at the Music Space) in the condition it was in when you arrived. Users are responsible for leaving the Music Space and/or Music Instruments and/or Music Equipment (including any personal or other property located at the Music Space) in the condition it was in when they arrived. You acknowledge and agree that, as a Host, 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 Music Space. In the event that you provide evidence of damage (“Damage Claim“) against a User, including, but not limited to, photographs, you may seek to obtain payment of the cost of replacing the damaged items with equivalent items directly from the User. For the avoidance of doubt, you agree that you shall not and under these Terms are not permitted to make a Damage Claim against Music Traveler for damages made to your Music Space and/or Music Instruments and/or Music Equipment and/or any other property, by any User or third party brought onto your Music Space by the User.
You may choose to include security deposits in your listings (“Security Deposits“). Each listing will describe whether a Security Deposit is required for the applicable Music Space. Music Traveler will try to address your requests and claims related to Security Deposits, but Music Traveler is not responsible for administering or accepting any Damage Claims by you related to Security Deposits, and disclaims any and all liability in this regard.
If you have a Damage Claim for a confirmed Booking, you can seek payment from the User through the Music Traveler Resolution Center (the “Resolution Center”). You may escalate the Damage Claim to Music Traveler if the you and the User are unable to resolve a Damage Claim among yourselves or through the Resolution Center. If you escalate a Damage Claim to Music Traveler, the User will be notified of the Damage Claim and given an opportunity to respond. If the User agrees to pay you in connection with a Damage Claim, or if Music Traveler determines, in its sole discretion, that the User is responsible for damaging a Music Space and/or Music Instrument and/or Music Equipment, or any personal or other property located at a Music Space, Music Traveler will collect any such costs from the User and/or against the Security Deposit, and disperse it accordingly.
Music Traveler also reserves the right to otherwise collect payment from the User and pursue any avenues available to Music Traveler in situations in which Music Traveler has determined, in Music Traveler’s sole discretion, that the User has damaged any Music Space and/or Music Instruments and/or Music Equipment, or any personal or other property located at a Music Space.
Both Hosts and Users agree to cooperate with and assist Music Traveler in good faith, and to provide Music Traveler with such information and take such actions as may be reasonably requested by Music Traveler, in connection with any Damage Claims or other complaints or claims made by Hosts or Users, as applicable, relating to Music Spaces and/or Music Instruments and/or Music Equipment, or any personal or other property located at a Music Space (including, without limitation, payment requests made under the Music Traveler Host Guarantee) or with respect to any investigation undertaken by Music Traveler or a representative of Music Traveler regarding use or abuse of the Platform and/or its Contents and/or the Services. If you are a Host, upon Music Traveler’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a User, at no cost to you, which process will be conducted by Music Traveler or a third party selected by Music Traveler or its insurer, with respect to losses for which you are requesting payment from Music Traveler under the Music Traveler Host Guarantee.
Music Traveler may make a claim under a User’s homeowner’s, renter’s or other insurance policy related to any damage or loss that the User may have caused or been responsible for with regards to a Music Space and/or Music Instrument and/or Music Equipment, or any personal or other property located at a Music Space (including, without limitation, amounts paid by Music Traveler under the Music Traveler Host Guarantee). You agree to cooperate with and assist Music Traveler in good faith, and to provide Music Traveler with such information as may be reasonably requested by Music Traveler, in order to make a claim under a User’s homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Music Traveler may reasonably request to assist Music Traveler in accomplishing the foregoing.
Security Deposits, if required by you, may also be applied to any fees due from a User overstaying at a listing without your consent.
8. Host Conduct
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 Platform, its Contents and the Services. In connection with your use of the Platform, its Contents and the Services, you may not and you agree that you will not:
N. contact another Host or User for any purpose other than asking a question related to a Booking, Music Space and/or Music Instruments and/or Music Equipment, or listing, or the Host’s or User’s use of the Platform, its Contents and Services.
9. Intellectual Property
Music Traveler owns all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights and all other rights of any sort throughout the world) in the Platform, its Contents, the Services and the Host information, and relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, in connection therewith (collectively, the “Music Traveler IP Rights”). In the event that any Music Traveler IP Rights do not qualify as such and are deemed to be the Host’s intellectual property rights, the Host hereby makes all assignments necessary to accomplish the foregoing ownership by Music Traveler. The Host shall assist Music Traveler, at Music Traveler’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights assigned. The Host hereby irrevocably grants Music Traveler a power of attorney and designates and appoints Music Traveler and its agents as attorneys in fact to act for and in the Host’s behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by Music Traveler.
B. Copyright Policy
Music Traveler respects copyright law and expects its Hosts to do the same. It is Music Traveler’s policy to terminate in appropriate circumstances, the Accounts of Hosts or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
10. Representations and Warranties
The Host represents and warrants that: (i) the Host has the legal capacity to be Party to and be bound by these Terms, to take a Booking Request and the full right to accept the Services provided for herein, and to provide the Music Space and/or Music Instruments and/or Music Equipment to the applicable User; (ii) the Host owns, lawfully leases or is in lawful possession of the Music Space and/or Music Instruments and/or Music Equipment, and has lawful right to offer and provide the same on the Platform for use by interested Users, (iii) the Host is at or over the Minimum Age requirement provided herein; (iv) the information provided and disclosed by the Host to Music Traveler and the User shall be accurate, complete and up-to-date, and the Host hereby represents and warrants that the Host has not and shall not falsify and/or misrepresent any of said Host information; (v) the Host shall not infringe, misappropriate or violate any intellectual property or other right of any person or entity (including, without limitation, Music Traveler); (vi) the Host shall comply with all applicable laws and Music Traveler rules surrounding the Booking process and inhabitability and use of the Music Space for the intended purpose, and/or the functionality of the Music Instruments and/or Music Equipment; and (vii) if the Host’s ownership, leasing or possession of the Music Space and/or Music Instruments and/or Music Equipment requires a license, the Host has obtained the requisite license and said license is in full force and effect.
Except as otherwise required by law, the Host agrees that any information shared between the Parties (“Confidential Information”) or provided by Users, in relation to the Platform, its Contents and the Services, shall be treated as strictly confidential and shall not be disclosed to any third party without the prior written consent of Music Traveler, except (a) to the Host’s counsel, tax advisors, auditors, employees, officers and directors, (b) to subsidiaries or affiliates of the Host, (c) to potential assignees of the Host, (d) to any investors or potential investors of the Host, or (e) pursuant to an applicable requirement of law. The Host is responsible for all of its recipients’ conduct with respect to the Confidential Information.
IF YOU CHOOSE TO USE THE PLATFORM, ITS CONTENTS AND THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU HAVE TO BE AT LEAST OF MINIMUM AGE TO USE THIS SERVICE, OTHERWISE YOU NEED A GUARDIAN TO USE THE PLATFORM FOR YOU. YOU ACKNOWLEDGE AND AGREE THAT MUSIC TRAVELER DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON YOU OR ANY PERSON OR PARTY, INCLUDING, BUT NOT LIMITED TO, USERS AND OTHER HOSTS. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A HOST OR USER OR GUARANTEE THAT A HOST OR USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE PLATFORM IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MUSIC TRAVELER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MUSIC TRAVELER MAKES NO WARRANTY THAT THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ITS CONTENTS AND THE SERVICES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MUSIC TRAVELER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, MUSIC SPACE AND/OR MUSIC INSTRUMENTS AND/OR MUSIC EQUIPMENT, HOSTS, USERS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MUSIC TRAVELER OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY USERS AND OTHER HOSTS OR THIRD PARTIES. YOU UNDERSTAND THAT MUSIC TRAVELER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF HOSTS ON, OR USERS OF THE PLATFORM, ITS CONTENTS AND/OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE HOSTS ON, OR USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, HOSTS AND OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MUSIC TRAVELER. MUSIC TRAVELER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
13. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM, ITS CONTENT AND SERVICES, YOUR LISTING OR BOOKING OF ANY MUSIC SPACE AND/OR MUSIC INSTRUMENT AND/OR MUSIC EQUIPMENT, VIA THE PLATFORM AND ANY CONTACT YOU HAVE WITH USERS OF, AND OTHER HOSTS ON THE PLATFORM, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER MUSIC TRAVELER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PLATFORM, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH USERS OF, AND OTHER HOSTS ON THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR FROM YOUR LISTING OR BOOKING OF ANY MUSIC SPACE AND/OR MUSIC INSTRUMENT AND/OR MUSIC EQUIPMENT, VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MUSIC TRAVELER 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.
The Host agrees to indemnify and hold Music Traveler, its shareholders, directors, officers, employees, heirs, successors, assigns, agents and other representatives, harmless from any and all manner of User and/or third party actions, suits, debts, sums of money, interest owed, accounts, controversies, agreements, guaranties, promises, undertakings, charges, damages, judgments, executions, obligations and reasonably incurred costs, expenses and fees (including reasonable attorneys’ fees and court costs), counterclaims, claims, demands, causes of action, liabilities, losses, damages and amounts paid in settlement incurred, paid or sustained, including, without limitation, in relation to Music Spaces and/or Music Instruments and/or Music Equipment, as applicable (together, the “Claims”) that they may suffer as a result of said User and/or third party Claims against them arising out of a breach of the Host’s representations and warranties under enumerated Paragraph 10 hereof or an incident occasioned by the commission or omission of the Host in relation to the User’s Booking and/or use of Music Spaces and/or Music Instruments and/or Music Equipment.
Music Traveler may, in its sole discretion, terminate, change, suspend, disable, add to or discontinue any aspect of the Terms, the Platform, its Contents, the Services, Host Accounts and User Accounts, at any time, without recourse to the Host or liability to Music Traveler. Music Traveler may restrict, suspend or terminate your use of or access to the Platform, its Contents or the Services, if we believe you are in breach of or are attempting to breach these Terms or applicable law, or for any other reason or no reason at all, without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with Users or other Hosts or the administration of the Platform, its Contents and/or the Services).
In the event of the termination of the Terms for any reason: (i) the license granted to you in the Terms, the Platform, its Contents, the Services, access to Users, other Hosts and your Account, will immediately terminate; and (ii) you must immediately cease all use of the Platform and destroy or erase all copies of the Platform in your possession or control. Any use of the Platform after termination is unlicensed and is in violation of the Music Traveler IP Rights. Music Traveler and its affiliates reserve the right to refuse service, terminate Accounts, remove or edit Content or cancel orders in their sole discretion.
If Music Traveler materially breaches a material provision of these Terms, the Host may terminate this Agreement (i) upon thirty (30) days’ written notice (email to suffice) provided to Music Traveler, or (ii) by closing the Host Account on the Platform.
16. Law and Jurisdiction
A. Governing Law and Arbitration
These Terms shall be governed by and construed in accordance with the laws of the Republic of Austria, without regard to the conflicts of laws provisions thereof. The Parties hereby waive (a) any right to sue in any court that would otherwise have jurisdiction, and (b) to have a jury trial. Any and all disputes or controversies arising under or relating to the interpretation or application of the terms of the Terms or any extension or modification thereof, or the asserted breach thereof by any Party, shall be resolved through final and binding arbitration, as follows:
(i) if you are a resident of the United States of America, any arbitration between you and Music Traveler will be administered in New York City by the American Arbitration Association (the “AAA”) under its then-current Commercial Arbitration Rules, as modified by these Terms, and as presided over by a single arbitrator chosen by the AAA; or
(ii) if you are a resident in any other territory, any arbitration between you and Music Traveler will be administered in Vienna, by the International Chamber of Commerce (the “ICC”), under its then-current Rules of Arbitration, as modified by these Terms, and as presided over by a single arbitrator to be chosen by the ICC.
In each situation, any arbitrator so appointed shall be empowered to (a) in addition to awarding actual money damages (but not punitive damages) against the Party found to have violated the Terms, grant in his award, injunctive or other types of equitable relief, (b) enforce specific performance of the Terms, and (c) prevent any continuing or further violation of its terms. Judgment upon the award rendered in such arbitration, shall be final, and may be entered in any court having jurisdiction there. The cost of such arbitration shall be borne equally by the Parties, except that each Party shall be responsible for its own attorneys’ fees.
B. Class Action Waiver
You hereby agree to waive any class action proceeding or Claim or counterclaim against Music Traveler, its affiliates, successors or assigns, whether at law or equity, regardless of which Party or third party brings suit. This waiver shall apply to any matter whatsoever between the Parties hereto which arises out of or is related in any way to these Terms, the performance of either Party, and/or your (i) use of the Platform, its Content and/or the Services, (ii) use of your Account, (iii) Booking or use of Music Spaces and/or Music Instruments and/or Music Equipment, or (iv) interaction with Users or other Hosts.
From the foregoing, you and Music Traveler hereby agree that neither Party shall bring any action against the other Party as a plaintiff or class member in any purported class action or other representative proceeding. Further, unless you and Music Traveler otherwise agree, no judge or arbitrator may consolidate more than one person's Claims or otherwise preside over any form of representative or class proceeding.
B. Prior Negotiations and Mediation
The Parties agree to prior negotiate or to mediate any dispute arising under these Terms, before resorting to arbitration. In the event of any such dispute, the Parties, within thirty (30) days of a written request for negotiation and/or mediation, shall initiate negotiations and/or mediation, which shall be conducted in good faith. As part of good faith negotiation and/or mediation efforts, the Parties may appoint a mediator to guide the process. If the Parties are unable to resolve the matter or to agree to a mediator, the Parties shall submit the matter to arbitration.
These Terms and the Services contemplated hereunder are personal to the Host and the Host shall not have the right or ability to assign, transfer, or subcontract any obligations under the Terms without the written consent of Music Traveler. Any attempt to do so shall be void. Music Traveler shall have the right to assign, transfer, or subcontract any obligations under the Terms, at its absolute sole discretion, without the consent of the Host.
All notices under the Terms shall be in writing, and shall be deemed given when (i) personally delivered, or (ii) sent by confirmed telecopy, facsimile or electronic mail (email) or other electronic means, or (iii) three (3) days after being sent by courier or prepaid certified or registered mail to the address of the Party to be given notice, as provided, or in the case of the Host, the Host address indicated in the Host Account, or such other address as such Party last provided to the other by written notice.
The failure of Music Traveler to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Music Traveler. Except as expressly set forth in these Terms, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. In the event that any provision of the Terms shall be determined to be illegal, unenforceable or excessively broad as to duration, geographical scope or activity, then that provision shall be construed so that the remaining provisions of the Terms shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad provision shall be deemed, without further action on the part of any Party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in the applicable jurisdiction. These Terms (along with the agreements ancillary hereto, and all of the exhibits and schedules attached hereto) contains and constitutes the complete and exclusive agreement between the Parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter hereof, except as specifically set forth herein and therein.
20. Territory-specific Information
This Platform, its Contents and Services, is for use by Hosts and Users in many territories and jurisdictions around the world. Certain specific laws or information may apply to you depending on the territory or jurisdiction in which you reside. Please read the following information in the event it applies to you and your territory or jurisdiction:
California Civil Code Section 1789.3, grants California residents the right to receive the following specific consumer rights notice:
The name, address of the provider of this service is Music Traveler GmbH, Annagasse 1010, Vienna, Austria. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to firstname.lastname@example.org.
For further information on your consumer rights as a California resident, you can reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, which may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
21. Third Party Beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
22. Contacting Music Traveler
If you have any questions about these Terms please contact us at email@example.com .
Music Traveler Insurance Policy
Effective Date 10/15/17
EUR 1 per booking (paid by the user) covers Music Traveler against all liabilities that may arise due to an indeliberate accident during the use of the host’s premises (e.g. spilling liquid over an instrument, smashing a music stand, etc.) up to an amount of EUR 100,000. and up to EUR 2,000 for general inventory (e.g. music stand, coffee machine, etc.)
The instruments and general contents are insured against physical loss or physical damage occurring during the period of insurance while at the named location(s) or within the territorial limits specified, subject to the following exclusions, basis of settlement and conditions:
1. Wear and tear, gradual deterioration, inherent defect, moth or vermin;
2. Maintenance, repair, restoration or any similar process;
3. Aridity, humidity or extremes of temperature unless such loss or damage is caused by storm or fire.
4. Loss from or damage in or on unattended vehicles, unless in the custody of a competent professional carrier.
5. Electrical or mechanical fault or breakdown.
6. Loss or damage or liability directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power.
7. Loss or damage caused by or resulting from confiscation, nationalization, requisition or destruction of or damage to property by or under the order of any government or public or local authority.
8. Any legal liability of whatsoever nature directly or indirectly caused by or ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion or nuclear fuel and the radioactive toxic, explosive or other hazardous properties of any explosive nuclear assembly thereof.
This Policy on the General Data Protection Regulation (GDPR), applies to only those Users based in the European Union (EU) member states and the United Kingdom, or who are subject to EU law in relation to personal data we collect from them.
The GDPR is the new comprehensive EU legislation on the protection of personal data and its free movement, which shall come into effect on May 25, 2018. The law intends to create uniform data privacy and protection laws throughout the EU member states and clarify, strengthen and elevate the rights of EU citizens and residents in relation to protecting their personal information. The GDPR applies to us in relation to any offers of products and services we make to you and any personal data we collect from you.
The information that is protected by the GDPR is “personal” and “sensitive personal” data. Personal data includes information such as your name, mailing address, e-mail address, financial information, photos and videos and online identifiers such as IP address and cookies.
GDPR requires that we follow privacy principles outlined in Article 5 of the GDPR and comply with at least one of the personal data processing conditions (see Privacy Principles and Personal Data Processing Conditions, below).
We generally do not collect sensitive personal data which includes, without limitation, information such as racial or ethnic origin, political opinions, religious, or philosophical beliefs, trade union membership, genetic, biometric and health data. GDPR requires that if we did or if we do, we should follow privacy principles outlined in Article 9 of the GDPR and comply with at least one of the personal data processing conditions relevant to sensitive personal data.
The six (6) privacy principle we must comply with in relation to your personal data are: (i) the collection must be processed lawfully, fairly and in a transparent manner; (ii) collection of personal data must be for specific, explicit and legitimate purposes, and not further processed in a manner that is incompatible with those purposes; (iii) collected personal data must be minimized to that which is adequate and relevant for the purpose for which it is processed; (iv) collected personal data must be accurate, and where necessary, kept up to date; (v) the personal data collected must be kept only for as long as is necessary for the purpose for which the data collected are processed, and removed thereafter; and (vi) the personal data collected must be processed in a manner that ensures appropriate security of the personal data.
Personal Data Processing Conditions
Personal data processing under the GDPR must satisfy at least one of the following conditions: (i) your consent must be obtained; (ii) the personal data must be necessary for the performance of a contract to which you are a party or as a preparatory step prior to entering into the contract; (iii) the personal data processing is necessary for compliance with a legal obligation; (iv) the personal data processing is necessary to protect your vital interests or of another person; (v) the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us; and (vi) processing is necessary for the purpose of legitimate interest pursued by us or a third party, except when such interests are overridden by your rights and freedoms.
As your personal data controller, we are required to conduct data privacy impact assessments, obtain appropriate consent from you (which consent you may withdraw at any time) before collecting your personal data, implement privacy by design (as explained below), and to respect the eight (8) rights of users.
Data Privacy Impact Assessments
In order to continually safeguard the protection of your data, when necessary, as determined at our discretion, we will conduct data processing impact assessments to evaluate our data protection processes and systems with an outlook toward perpetual improvement.
Going forward, in such situations where we shall be requesting (i) your personal data such as your name, e-mail address or date of birth, afresh or for the first time, we shall request your clear, unambiguous affirmative consent beforehand, and (ii) your sensitive personal data afresh or for the first time, we shall request your explicit consent.
Privacy By Design
Your Data Rights
The eight (8) rights that you as the user have under the GDPR with regards to when your personal information is collected, include, the right (i) to receive transparent information about data processes; (ii) of access to one’s own personal data; (iii) of correction and amendment of personal data; (iv) to expunge personal data; (v) to curtail and restrict personal data processing; (vi) to use personal data for other purposes; (vii) to objection of the processing of personal data; and (viii) in relation to protection of personal data from automation processes.
Data Processor Requirements Under the GDPR
We utilize the services of certain data processors such as Google Analytics. In some respects we may be considered as acting as a data processor. The GDPR recognizes the responsibility of data processors to maintain, secure and process collected personal data. Going forward, our data processors will be required to (i) keep and maintain written records for such data processing they carry out for us, (ii) put in place appropriate security measures in relation to the protection of your personal data, and (iii) notify us as soon as possible of any data breaches that occur, which information we are in turn required to pass on to you. To the extent that, at any time or from time to time, we may be considered to be acting as data processors, we shall endeavor to comply with this requirement.
In case you have any questions regarding your personal data and the application of the GDPR, please contact us firstname.lastname@example.org we shall be happy to assist you.