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

General Conditions for Property Owners and Users

1. The following definitions ensure the correct interpretation of these General Conditions of the business of BA Stay, your home in Buenos Aires Marca Reg.:

a. “BASTAY, your home in Buenos Aires, Marca Reg. ®” is the trading name of Mainline Security Ltd whose address is 1 Mapp Street, Belize City, Republic of Belize who is a publisher introducing prospective tenants to landlords and landlords to tenants so those parties may enter into a formal agreement and a publisher of tourist services, properties for sale in Buenos Aires and Argentina.

b. BASTAY conducts its business by acting as an internet advertising WEBSITE (as defined herein) and as a service facilitator to international travelers, Argentine residents and companies, by advertising accommodation, tourist services and travel information on our WEBSITES.

c. BASTAY operates two internet businesses named BASTAY.COM and BUENOS AIRES STAY.COM, registered to MAINLINE SECURITY LTD. who is the titleholder of the registered trademarks, domain names and all other inherent rights thereto.

d.BASTAY and BUENOS AIRES STAY are the Internet sites identified through the URLs: http://www.bastay.com and http://www.buenosairesstay.com ,(hereinafter the “WEBSITES”).

e.“REAL ESTATE AGENT/ S”: the company, entity or person whose business purpose is sell and rent real estate as an agent, and/or intermediary and/or broker and/or landlord (hereinafter “REAL ESTATE AGENT”), and is authorized by BASTAY to publish its real estate offer to www.bastay.com and www.buenosairesstay.com.

f.USER: the natural or artificial person who accesses and/or inquires and/or uses any of the web pages included on the WEBSITES, identified as www.bastay.com and www.buenosairesstay.com (hereinafter, the USER). To be clear, a REAL ESTATE AGENT publishes real estate offers to the WEBSITES and is a USER.

g. EMAIL: the designated email address given by the REAL ESTATE AGENT or USER and used for all notices sent by either the REAL ESTATE AGENT or BASTAY or USER and, which the REAL ESTATE AGENT and USER acknowledges bind the parties and have legal force.

2.The access and/or inquiry and/or use of any of the web pages forming part of the WEBSITES entails the implicit acceptance by the USER of the General Conditions of use listed herein.

3. These General Conditions of use govern the relationship between BASTAY and the USER or between BASTAY and the REAL ESTATE AGENT, as the case may be.

4. The publication of real estate offers on the WEBSITES is reserved exclusively to the REAL ESTATE AGENT, which undertake to ensure that their property information is both current and updated subject to these General Conditions.

5.The publication of offers mentioned in point 4 above is (whether for valuable consideration or not) only for a REAL ESTATE AGENT member as defined herein.

6. The term member means a REAL ESTATE AGENT that has requested their property information uploaded and published to our WEBSITES and therefore expressly accepts these General Conditions and our function as an internet (electronic information) business and further accepts that all notices are sent and received electronically by EMAIL and will bind the REAL ESTATE AGENT, the USER and BASTAY and have legal force.

7.BASTAY reserves the right to publish or refrain from publishing each of the real estate property offers received from the REAL ESTATE AGENT.

8. BASTAY has the right to refuse services or not facilitate USERS at anytime and the USER accepts that BASTAY is only liable to repay fees payable to BASTAY that are clearly identified in these General Conditions or fees stated in Apartment Rental General Conditions.

9. The REAL ESTATE AGENT assumes full and exclusive responsibility for the truthfulness, accuracy, quality and correctness of real estate offers published to the WEBSITES sent to BASTAY for such purpose entirely of its own free will. The term ‘real estate offers’ refers to text and numerical data, images or any other type of data sent for publication. The REAL ESTATE AGENT must check the information published every month to ensure that they meet this responsibility and regularly update their real estate offer with any material changes. BASTAY will only update or change information published to their WEBSITES when request are submitted by EMAIL. The USER when using our websites agree to hold BASTAY blameless and without liability for any errors or omissions.

10.The information included in the real estate offers published to the WEBSITES is general and approximate information given by REAL ESTATE AGENTS and BASTAY does not assume any liability for any differences that may exist between published information and the real estate offers, or as to the truthfulness, accuracy, quality or correctness thereof.

11.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’.

12. 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 and accepts the approximations described herein.

13.BASTAY reserves the right to remove the REAL ESTATE AGENT and its properties 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 false information;

b. no information updates are prepared by the REAL ESTATE AGENT to ensure data is accurate and correct, not least:

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

ii. published rents are current and changed only by EMAIL to concierge@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 and 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.

14. When BASTAY introduces a tenant and a reservation is agreed with the REAL ESTATE AGENT email confirmation is sent immediately and 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 (one business day) by email that a tenancy cannot proceed.

15.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.

16. 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 with USERS.

17. 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.