1. Introduction

1.1 Booking payments conducted through the Site are handled by a third party payment provider.

1.2 These terms and conditions govern the relationship between Xclusivelacala and any individual using or accessing the Site and of the content or services available through it as a guest or potential guest

Guests include people who use the Site to access information about and to book properties, whether for business or leisure purposes. Bookings of holiday rental properties through the Site are governed by these Guest T&C’s.

1.3 Xclusivelacala does not authorise anyone to register with this Site unless they are able to enter into legally binding contracts. As a consequence, the Services may only be used by persons aged 18 and over.

1.4 Xclusivelacala may revise these Guest T&Cs from time to time for reasons such as a technical development, a change in business operations, new or amended or discontinued products or features, or due to a change in applicable laws.

1.5 Xclusivelacala may ask you to provide it with personal information directly. For example, Xclusivelacala may ask you to provide your contact details such as full name, telephone number and email address, in order to enable certain functionality, like your Property booking.

2. The Basics

2.1 This Site is a place where Guests can view listings of, and obtain information about, properties offered for rent (“Properties”). We may also offer other tools or services to allow users to communicate with each other and to enter into rental agreements.

2.2 The Site acts only as a venue for users to interact with each other. Rental contracts are concluded only between the Guest and Xclusivelacala

2.3 Guests are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into either on the Site or in connection with their use of the Site.

3. Property Listing and Interaction with Xclusivelacala

3.1 If a Guest finds a Property of interest, an information request can be sent to Xclusivelacala (an “Enquiry” or “Enquiries”).

3.2 Xclusivelacala  will then communicate with the Guest directly in connection with the Enquiry.

3.3 Where Xclusivelacala has enabled online bookings, Guest will be able to make a booking online, which shall be approved or declined by Xclusivelacala within 24 hours.

For online payment, a Guest whose booking was confirmed by Xclusivelacala will be able to pay with their credit card or other alternative forms of payment where available through the checkout. Online credit card payments are processed through the payments gateway offered by our third party payment providers.

The online payment service is subject to the terms and conditions of the third party payment providers.

3.4 Xclusivelacala has provided undertakings to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.

4. Intellectual Property

4.1 All content that appears on the Site is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.

4.2 Guests are permitted to download, display or print individual pages of the Site to evidence any agreement with Xclusivelacala and to retain a copy of their bookings.

4.3 To the extent that Guests’ reviews or other content may contain trademarks or other proprietary names or marks, Guests undertake that they have the right to use such names or marks.

5. Guests’ Accounts, Communications and Reviews

5.1 Guests must provide only accurate and truthful information concerning their identity, including country of residence, in their Accounts and any other communications on the Site, including reviews of Properties.

5.2 Messages sent via Xclusivelacala’s systems should only relate to genuine booking Enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Xclusivelacala’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user.

5.3 Guests who have booked through the Site may post their reviews of Xclusivelacala’s Properties (“Guest Reviews”) on the Site. Xclusivelacala is given the opportunity to view Guest Reviews, and to respond to them.

Xclusivelacala shall remove the Content if it becomes aware or is put on notice that the Content is illegal.

5.4 Xclusivelacala complies with its Privacy Policy.

6. Right to delete content

Guests are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including Guest Reviews and communications with Xclusivelacala, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything libellous, slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines. Xclusivelacala may review any data on the Site and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, Xclusivelacala shall be entitled immediately to remove from the Site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account, without prejudice to Xclusivelacala’s obligations in application of its webhosting status. The user will be promptly notified of the reasons why those measures have been taken and he may send any comments to Xclusivelacala.

7. Liability of Xclusivelacala

7.2 We do not provide liability insurance protection for Guests; regardless of whether a user obtains insurance coverage through one of our third party providers. Guests are advised to obtain suitable travel insurance to cover their booking for the Property from Xclusivelacala, including in the event they have to cancel their booking. It is the Guest’s responsibility to ensure that the insurance it purchases is adequate and appropriate for the Guest’s particular needs.

7.3 As a consumer you have certain rights (including that, for services, we will provide them using reasonable care and skill). Nothing in these Guest T&Cs will affect your legal rights.

7.4 To the extent permitted by law Xclusivelacala will not be liable, in case of any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, notably including reasonable legal fees, (“Claims”), brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; (c) any breach by you of these Guest T&Cs; or (d) your use of the Property. Xclusivelacala will promptly provide notice to you of any such Claims. If you are dissatisfied with the Site or you do not agree with any part of these Guest T&Cs, then your sole and exclusive remedy against Xclusivelacala is to discontinue using the Site.

7.5 Refunds will be processed immediately, however the timing to receive any refund will vary based on the payment method and any applicable payment system. Refunds are processed in the currency of the original payment. Any currency conversion will be done by the relevant bank using their current exchange rate which may be different to the exchange rate used when you originally paid. In addition, bank charges incurred by the Guest during the booking process or as part of the refund process may be deducted by the bank from the refunded amount and in such cases will not be refunded by Xclusivelacala.

8. Miscellaneous

8.1 These Guest T&Cs shall be governed by the laws of Belgium and subject to the non-exclusive jurisdiction of the Belgian courts, without prejudice to the applicable law and jurisdiction of the courts where the Guest is resident

8.2 In the event of a dispute between the Guest and Xclusivelacala, The Guest may use a conventional mediation procedure or any other alternative dispute resolution method as defined by law.