Definitions

The following definitions ensure the correct interpretation of these GENERAL CONDITIONS FOR PROPERTY OWNERS AND USERS for instructing, publishing and using the business of “BASTAY, your home in Buenos Aires Marca Reg.”:

a. GENERAL CONDITIONS: refers to these “GENERAL CONDITIONS FOR PROPERTY OWNERS AND USERS”.

b. BASTAY:  refers to “BASTAY, your home in Buenos Aires, Marca Reg. ®”, the trading name of MAINLINE SECURITY LTD whose address is 1 Mapp Street, Belize City, Republic of Belize and is the generic name used by our agents subject to a license agreement in Buenos Aires, Argentina.

c. WEBSITE(S): refers to two internet businesses named BASTAY.COM and BUENOSAIRESSTAY.COM identified through the URLs: http://www.bastay.com and http://www.buenosairesstay.com.

d. REAL ESTATE AGENT(S): refers to the property owner(s) or their agent(s) or member(s) whose business purpose is to sell and/or rent real estate via our WEBSITES and BASTAY authorize to publish their real estate offers.

e. USER: the natural or artificial person who accesses and/or inquires and/or uses any of the web pages included on the WEBSITES.  Please note: a REAL ESTATE AGENT who publishes real estate offers to the WEBSITES agrees that the definition ‘USER’ can also refer to their use of the WEBSITES to the purpose of publishing their real estate offer subject to these GENERAL CONDITIONS.

f. ELECTRONIC BUSINESS: BASTAY is an internet or electronic business based in Belize and the REAL ESTATE AGENT and USER agree our status as an electronic business and accept the sole use of information technology for internal organizational management and communication.

g. EMAIL: the designated email address given by the REAL ESTATE AGENT or USER is our sole method of communication used for all notices sent by either the REAL ESTATE AGENT or BASTAY or USER and, which the REAL ESTATE AGENT and USER agree bind the parties and have full legal force.

h. REPS: preferred providers of transport, check-in, concierge and tourist services in Argentina who BASTAY contracts to provide local services to the USER.  The USER from time-to-time may buy services directly from REPS and the USER agrees those transactions are not authorized by BASTAY nor governed by these GENERAL CONDITIONS.

About BASTAY

BASTAY is not a typical vacation rental agency nor is the business operational in Argentina. BASTAY is an ELECTRONIC BUSINESS operating as an intermediary publisher, facilitator and collection agent online and via the WEBSITES wherein the REAL ESTATE AGENT and REPS advertise their real estate offers and services.

The REAL ESTATE AGENT, USER & REPS pay BASTAY for publishing, facilitating, collection and ELECTRONIC BUSINESS services only and all parties agree that all and any transactions between the REAL ESTATE AGENT and/or USERS and/or REPS are executed in Argentina are therefore governed by the REAL ESTATE AGENT’S rental agreement and/or the REPS terms of business and local laws.  The use of the WEBSITES does not create a fiduciary relationship with BASTAY outside our scope of business.

Authorized use of BASTAY and its WEBSITES

By using BASTAY and its WEBSITES, the REAL ESTATE AGENT and USER agree to these GENERAL CONDITIONS. If you do not agree to these GENERAL CONDITIONS, do not use BASTAY and/or our WEBSITES. These conditions are legally binding for BASTAY and the USER.

The use of our WEBSITES is only for personal use. The USER is granted the right to visit and use our WEBSITES and to make inquiries in order to reserve a real estate offer listed by the REAL ESTATE AGENT and/or buy services from REPS.

The material included in our WEBSITES is copyrighted in its entirety according to international copyright laws. Our WEBSITES, their content, their database and their structure are protected by intellectual property rights. The REAL ESTATE AGENT and USER should strictly abide by this section of our GENERAL CONDITIONS. The USER agrees that copying and using information contained on the WEBSITES other than for personal and non- commercial use is strictly prohibited.

The content of the WEBSITES belongs to BASTAY. It is illegal to download or display our content partially or in its entirety on another website or any other medium without getting our prior written consent. The use of our WEBSITES is restricted to real estate offers and tourist services and should not be used for any other reasons.  Any unlawful activity is forbidden according to our GENERAL CONDITIONS. Any attempt to hack our computers, WEBSITES, servers, or to infect our systems with viruses is unlawful and will be grounds for immediate legal action without notice.

Prohibited Practices

Copying, plagiarizing or publishing parts or the entirety of our copyrighted content on any other website or medium is strictly prohibited.

Using BASTAY’s services and/or the WEBSITES in any way other than expressly detailed in our GENERAL CONDITIONS without prior written permission is strictly prohibited. 

Use of our WEBSITES in any way that adversely affects their performance and/or alters the usability and functionality of the WEBSITES is strictly prohibited.

Attempting to infect our WEBSITES with viruses, worms or anything that can alter or affect our WEBSITES in any way is strictly prohibited.

BASTAY rights, responsibilities and exclusions

REAL ESTATE AGENT, USER & REPS shall indemnify and hold BASTAY, its affiliates, employees, agents, shareholders, officers, directors, successors and assigns, harmless from and against any and all claims, loss of revenues direct or indirect, consequential or incidental damages, liabilities, costs and expenses that might arise out of any breach by the REAL ESTATE AGENT, USER and REPS of any of the representations, warranties or agreements set forth in these GENERAL CONDITIONS. These limitations apply regardless of the source of the supposed or alleged damages. The exclusive remedy for the REAL ESTATE AGENT, USER and REPS and any third party is to discontinue using BASTAY and its WEBSITES. 
 
Should a REAL ESTATE AGENT or REPS be involved in a dispute with a USER they agree to indemnify, defend and hold BASTAY, its WEBSITES and its affiliates harmless from and against all liabilities and expenses (incurred by involved parties) which may have occurred by the use of the WEBSITES.

Technical problems do occur and BASTAY is not responsible in the event that the WEBSITES go down due to a technical glitch or for any other reason. Should any problem occur BASTAY will not be liable, and therefore the temporary suspension of operation that might ensue will not be grounds for partial reimbursement to the REAL ESTATE AGENT or USER and any other form of compensation. Errors and defects on the WEBSITES or its servers are usual and are often caused by third parties; they are corrected as and when they are discovered and they are not grounds for litigation by the REAL ESTATE AGENT and/or USER.

Member eligibility and accuracy of information

Only the REAL ESTATE AGENT who agrees these GENERAL CONDITIONS and who can form a legally binding contract under applicable law may use our WEBSITES. If the REAL ESTATE AGENT registers as a business entity, they represent that they have the authority to bind the entity to these GENERAL CONDITIONS.  Each REAL ESTATE AGENT represents and covenants that all information submitted to BASTAY and to the WEBSITES during such REAL ESTATE AGENT’S registration with the WEBSITE shall be true and correct. Each REAL ESTATE AGENT further agrees to update information promptly as it changes. Each REAL ESTATE AGENT agrees to provide such proof of personal identification, proof of ownership of the real estate offers on the WEBSITES, and proof of authority to list the real estate offer as BASTAY may request.

Content

All content and copy edits submitted by THE REAL ESTATE AGENT are subject to review and approval by BASTAY at our sole discretion. BASTAY reserves the right to refuse to publish any content that we determine, at our sole discretion, does not meet these GENERAL CONDITIONS or is otherwise unacceptable to us. However, we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any REAL ESTATE AGENT. THE REAL ESTATE AGENT is responsible for reviewing and ensuring that any content submitted to the WEBSITES is displayed as intended.

Photographs

Photographs in real estate offers should depict the real estate offer as the main subject of the photograph and may not include children or adults if the REAL ESTATE AGENT does not have their legal consent.  Photographs cannot contain any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. BASTAY reserves the right not to display any photographs that we determine, at our sole discretion, do not meet these GENERAL CONDITIONS or are otherwise unacceptable to us.

By submitting a photograph electronically through the WEBSITE or by EMAIL, the REAL ESTATE AGENT represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the WEBSITE, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the WEBSITE and BASTAY from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.

It is the REAL ESTATE AGENT’S responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The REAL ESTATE AGENT warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to BASTAY the rights therein contained and agrees to provide any proof of such rights to us that we may request.

Copyright Grant

By accepting these GENERAL CONDITIONS  and by posting real estate offers on the WEBSITES, you grant to BASTAY and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the WEBSITES or the websites of our affiliates, and you grant the WEBSITE and BASTAY the ability to copyright and protect the images, copy, and content available via your listing real estate offers from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your real estate offer. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution.

We are not responsible for any infringement or violation of laws resulting from content supplied by any REAL ESTATE AGENT and each REAL ESTATE AGENT agrees to indemnify and hold harmless the WEBSITE and BASTAY against any action brought for breach of copyright or other rights from the use of such content supplied. Each REAL ESTATE AGENT hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any REAL ESTATE AGENT contributed material provided to us.

Legal Requirements Applicable to Real Estate Offers.

THE REAL ESTATE AGENT, USER and REPS agree that they are solely responsible for compliance with all laws, rules and regulations that may apply to any real estate offers or services listed on the WEBSITES. BASTAY assumes no responsibility for their compliance with local laws.

BASTAY´S rights and prerogatives

BASTAY reserves its right to modify its WEBSITES any time it deems necessary to improve the marketability of the listed real estate offers. BASTAY can do so without any notification.

The REAL ESTATE AGENT understands that BASTAY might edit their real estate information to maintain or improve quality of the copy, seeking their approval to publish.

The REAL ESTATE AGENT understand that BASTAY may use its real estate offers in its affiliates’ sites or/and other websites in order to generate additional leads that will benefit the REAL ESTATE AGENT.

Any attempt to avoid respecting these General Conditions, our agreement and our rules will result in the immediate cancellation of our agreement to list real estate offers or advertise tours services. BASTAY may retain unearned fees as a way to compensate for the attempted or actual breach of contract.  The fact that we do not exercise or enforce our rights as per this GENERAL CONDITION does not constitute our waiver of our rights.

BASTAY and its WEBSITES have the right to feature the real estate offers in the position that it wishes in the result page without having to justify its system. BASTAY may also change said listing’s position whenever they wish at any point in time.

By accepting our GENERAL CONDITIONS, the REAL ESTATE AGENT grants the WEBSITES and their affiliates’ full rights to feature their real estate offer on WEBSITES or affiliated sites or any other medium that BASTAY maintains a relationship with and those rights are unrestricted for the world and are royalty free. BASTAY may also sublicense the real estate listings to magazines, newspapers and other websites.

BASTAY reserves its right to refuse any listing submitted without having to justify its decision. The REAL ESTATE AGENT whether already a client or a prospective client expressly agrees to release and hold BASTAY harmless from any loss or liability that may arise from such a decision.

The WEBSITES may link to third party or affiliate websites through hypertext links or banners; those links do not mean that we endorse or take any responsibility for those websites.

BASTAY and its WEBSITES reserve their right to change their GENERAL CONDITIONS whenever deemed necessary and can add, remove or modify existing clauses superficially or drastically at any point in time. Changes will be performed on the WEBSITES´ GENERAL CONDITIONS pages and will take effect as soon as posted. By continuing to use the WEBSITES after any change, the REAL ESTATE AGENT signifies acceptance of the new GENERAL CONDITIONS that take precedence over all and any previous agreements or contracts. The GENERAL CONDITIONS apply to the REAL ESTATE AGENT, USER and REPS regardless as to when they entered into an agreement with BASTAY and/or used the WEBSITES.

BASTAY does not assume responsibility for the interruptions, delays and/or failures that may arise in the telephone links and/or connections and/or transmissions established between the USER and the WEBSITES; nor does it assume any responsibility for interruptions, delays and/or failures affecting the computing equipment that enables the WEBSITES to be kept online.

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.

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 Argentina and where BASTAY is forced to enforce these GENERAL CONDITIONS the country of residence 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 both Argentina and 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.

Therefore, all disputes shall be submitted to final and binding arbitration to be conducted in the City of Buenos Aires, Capital Federal, Argentina.  During the pending of such arbitration and until final judgment thereon has been entered, these GENERAL CONDITIONS will remain in full force and effect unless otherwise terminated in writing by BASTAY. 

Severability