Terms and Conditions
Last updated February 20, 2020
I. TERMS AND CONDITIONS
The present Terms and Conditions are intended to regulate relations between, Fairbnbclaim Ltd. herein under referred to as the CONSULTANT, Org nr. 924 046 546, sole owner of the entity, the internet domain and e-commerce site www.fairbnbclaim.com, located on the Internet at https://www.fairbnbclaim.com, and the persons using the site herein under referred to as USERS.
The present Terms and Conditions are binding to all persons who use the site and/or services, located on the Internet at https://www.fairbnbclaim.com. When using the site https://www.fairbnbclaim.com, the persons are required to comply with the present Terms and Conditions, as well as the applicable legislation of the the Kingdom of Norway and the European Union for the provision of the services on the site. By clicking on any link or button located on the Internet at https://www.fairbnbclaim.com, the persons who use this site agree and fully accept and undertake to comply with the present Terms and Conditions.
Art. 2 Fairbnbclaim Ltd. is registered under Brønnøysund Register, Org nr. 924 046 546, Address: OIH, Oscars Gate 27, 0352 Oslo, Norway. Contact details: firstname.lastname@example.org.
Art.3 Although the website may provide information concerning potential legal issues, this is for informational purpose only and it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on the website as a source of legal advice. Your use of the website does not create any attorney-client relationship between you and Fairbnbclaim Ltd.
Art. 4. For the purposes of these Terms and Conditions the terms herein under shall have the following meanings:
- "HOW IT WORKS" means the section on the e-commerce site, where the services of the e-commerce are explained and offered to the USER.
- "ORDER" means "Services" ordered through an on-line present CLAIM-FORM by the USER.
- "CLAIM-FORM" is a contract under which the CONSULTANT undertakes to deliver and transfer consult and advisory services to the USER.
On this form the USER agrees to pay the remuneration fee thereof as part of the agreement, with understanding of the Terms and Conditions.
- "CONSULTANT" is Fairbnbclaim Ltd. which through the website and the ‘How it Works’ section located on the Internet at https://www.fairbnbclaim.com, performs virtual sales of services. CONSULTANT is the entity and person with whom the USER enters into a claim-form/contract for sale from distance of specific services.
- "USER" - means the persons using and visiting the site.
III. CHARACTERISTICS OF ‘HOW IT WORKS’
Art. 5. (1) Through the ‘HOW IT WORKS’ SECTION the CONSULTANT provides different claim forms on which against remuneration consultation and advisory services to the USER after his explicit statement for that.
(2) HOW IT WORKS provides the USER with the opportunities to:
- Review the SERVICES and use it for provision of information;
- Conclude contracts through the ‘Claim forms’ for consult and delivery of services;
- Make payments in connection with the concluded CLAIM-FORMS, according to and supported by CLAIM-FORM ways of payment;
- Review services, their characteristics, prices and terms of delivery;
- Be informed about the rights deriving from the law mainly through the interface page of HOW IT WORKS on the Internet.
Art. 6. CONSULTANT delivers the services and provides the services as described in HOW IT WORKS and/or as discussed with USER, ensuring USER’s rights provided by law, in good faith, accepted practice, consumer or commercial law criteria and conditions.
Art. 7. (1) USER concludes the contract through the interface of the CONSULTANT located on the Internet as a CLAIM-FORM at https://www.fairbnbclaim.com.
(2) In accordance with the concluded USER CLAIM-FORM and payment for services, CONSULTANT is obliged to deliver and transfer the ownership of the services, ordered by the USER.
(3) USER pays the CONSULTANT remuneration for the delivered services, respectively services performed under the conditions specified in the SERVICES and these Terms and Conditions.
IV. USING SERVICES
Art. 8. The site and SERVICES can be freely viewed, and registration is required only when CONSULTANT is requested.
Art. 9. (1) The main characteristics of the services offered by the CONSULTANT are defined in the profile HOW IT WORKS section and each of the individual claim-form sections. Information is provided for each service on the site regarding price, as well as additional information aimed at helping USERS make an informed choice to use SERVICES.
(2) The price of consultants and services includes all taxes and fees.
(3) The information provided to USERS in this article is current at the time of visualizing it on the site of the CONSULTANT before concluding the contract for sale.
(4) The CONSULTANT states before concluding the contract the total contract value.
Art. 10. (1) The USER agrees that the CONSULTANT is entitled to receive advance payment for contracts concluded with the USER for purchase of services and their delivery.
V. TECHNICAL STEPS TO CONCLUSION OF CONTRACT FOR DELIVERY OF SERVICES
Art. 11. (1) USERS use the interface of the page of the CONSULTANT to conclude CLAIM-FORMS for delivery of ORDER.
(2) The contract is concluded in English but in case of conflict, the Norwegian language shall prevail for Norwegian Law.
(3) The contract for sale between the CONSULTANT and USER represents the present Terms and Conditions.
(4) Party to the contract with the CONSULTANT is the USER according to the data provided at the time of order.
(5) CONSULTANT includes on the interface on its site, the technical means for identifying and correcting errors when entering information prior to making any statement about the conclusion of the contract.
(6) USERS understand and agree that CONSULTANT reserves the right at its own discretion to verify, adjust and settle the amount being claimed by the USERS.
Art. 12. (1) USERS may conclude the contract by the interface of the CONSULTANT 24 hours a day, every day, by the following procedure:
- Reviewing of the proposed services by CONSULTANT
- Pressing the button "Start your Claim" and/or individualization of the order on request.
- Selecting the method and timing of payment;
(2) By finalizing the order and confirming it, the USER undertakes to pay the price of the order and once again declares that he is familiar with the fact that the contract is related to a payment obligation on his part and that CONSULTANT reserves the right at its own discretion to verify, adjust and settle the amount being claimed by the USERS. Completing the order by pressing the relevant button is legally binding.
(3) After finalization and confirmation of the order by the USER the system of SERVICES automatically sends information e-mail, confirming the receipt of the order in the CONSULTANT’s system and the concluded between the parties contract.
(4) USERS understand and agree that it is possible that given services may not be available at the time of order. In case the CONSULTANT does not have the opportunity to perform the contract, due to lack of services, the CONSULTANT notifies the USER about the depletion on the specified by the USER contact phone or by sending a message to the provided by the USER e-mail address. If the USER does not agree to order any other services, CONSULTANT reimburses the full amount paid by USER for the purchased services, if they were prepaid.
Art. 13. (1) The price of the Order may be paid in the following methods:
- All methods offered by the CONSULTANTS payment processing company.
Art. 14. (1) Only services that are ordered by the USER and confirmed by the CONSULTANT are being delivered.
Art. 15. (1) The terms for delivery of services are as follows:
For delivery on-line. Within 48 hours after CONSULTANT receives payment from USER.
(2) The terms of this article may be extended on public holidays and/or weekends with the period of holidays.
(3) The delay in delivery and service due to force majeure and due to events that substantially impede or render impossible the delivery or service, CONSULTANT cannot be held liable. For the beginning and end of such obstacles CONSULTANT shall inform the USER in a timely manner.
(4) USERS understand and agree that once they enter into this agreement with the CONSULTANT they have a mutual interest in the claim involved. CONSULTANT will put in all efforts from the moment claim form is accepted. Therefore in case USER receives a direct settlement from the party they are disputing with, the USERS have the obligation to inform the CONSULTANT within 48 hours after a settlement has reached them in order to pay the CONSULTANT for the services provided within 7 days after receiving an invoice from the CONSULTANT.
(5) USERS also understand and agree that should the CONSULTANT want to review all the communication between the USERS and the party they’re disputing with, the USERS should provide access to available documents to the CONSULTANT within 12-48 hours after having received such request from the CONSULTANT.
(1) CONSULTANT takes measures to protect personal data of the USER according to Protection of Personal Data Act and General Data Protection Regulation.
Art. 18. Hyperlinks from https://www.fairbnbclaim.com to sites owned by third parties are provided solely for the convenience of the USER. The CONSULTANT assumes no responsibility for them or their content, as well as the way they use USER’S personal data. When visiting those sites, USER does so entirely at his own responsibility and at his own risk.
Art.19 The User hereto acknowledges and agrees that all information received, sent or communicated to legal representatives acting on their behalf in any action against AirBnB (or any other short-term rent home sharing platform) or any of their associated companies may be shared by their legal representatives acting on their behalf with Fairbnbclaim Ltd. including the terms of any settlement offer so that the User may be invoiced by Fairbnbclaim Ltd. according to these terms and conditions.
Art.20 The User hereto acknowledges and agrees that all information received, sent or communicated to Fairbnbclaim Ltd. may be shared under secrecy with third party legal representatives Fairbnbclaim Ltd. works with who will evaluate the case and who may provide legal representation for the User in their legal dispute with Airbnb (or any other short-term rent home sharing platform).
Art. 19. CONSULTANT and/or its law-firm partners and suppliers own the entire contents of the site, including the trade name Fairbnbclaim Ltd., FAIRBNBCLAIM, logo, corporate symbols and images, trademarks, visible on the site. Without the express prior written consent of the CONSULTANT or its respective partner/supplier, no part of this site may be reproduced in any form - cannot be copied, distributed or used as images, text, graphics, services in any media or computer environment; the purpose of reproduction, distribution or use is irrelevant. Materials posted and visible on the site are under the protection of the Copyright and Related Rights Act, Marks and Geographical Indications Act and other relevant laws, and any unauthorized use will be treated as infringement of copyright, rights on trademarks or other relevant regulations.
X. APPLICABLE LAW
Art. 20. For all outstanding issues in these Terms and Conditions, the provisions in force in the Kingdom of Norway are applicable.
Art. 21. Questions, inquiries and consultations by the CONSULTANT USER may make online via email email@example.com, through the direct form of communication on the site.
Art. 22. In case of a dispute relating to a purchase made through the SERVICES the USER may contact the Commission for Consumer Protection in Norway www.forbruketilsynet.no or if you live within the EU, you can use the site for online dispute resolution for consumer disputes - http://ec.europa.eu/USERs/odr/.
XI. NO WARRANTIES AND LIMITATION OF LIABILITY
Art. 23. Information provided on the website is provided "as is" without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement. Fairbnbclaim Ltd. periodically adds changes, improves or updates the information and documents on the website without notice. Fairbnbclaim Ltd. assumes no liability or responsibility for any errors or omissions in the content of the website. Your use of the website is at your own risk. Under no circumstances and under no legal theory shall Fairbnbclaim Ltd., its suppliers or any other party involved in creating, producing or delivering the website's contents be liable to you or any other person for any indirect, special, incidental or consequential damages of any character arising from your access to, or use of, the website.
XII. TERMS AND CONDITIONS CHANGES
We have to update our Terms and Conditions from time to time as the scope of our services might change and to ensure compliance with all applicable laws. We will indicate the date of the most recent update on the top of this page. If there are material changes to the Terms and Conditions, we will post a notification on the website and/or communicate such changes to you by email prior to implementing them. Any information collected under previous versions of our Terms and Conditions will then become subject to the terms of our new Terms and Conditions.