Last updated: March 4, 2020
Welcome and thank you for being here at Musjroom!
The website and app are part of and offered by the company “Musjroom”, office-based in Den Helder at (1784 NX) Pastoor Koopmanweg 26 and registered with the Chamber of Commerce under number 75135930.
Read these terms and conditions as they contain important information about your legal rights. These terms and conditions apply to the relationship between Musjroom, the guests and the relationship between Musjroom and hosts. By accessing or using the platform, you consent and are bound by these terms and conditions.
Article 1. Definitions
Stays: The accommodations listed by hosts.
Listings: The stays that are published on Musjroom.
Guest: The person who books a stay, offered by the host, on Musjroom and pays the agreed price.
Host: The person who offers the stay on Musjroom, and is obliged to make the space available to the guest.
Locals: Refers to the host that offers their stay.
Users: All people that make use of the platform of Musjroom.
Platform: The website(s), apps, tools and other devices from Musjroom. On the platform, hosts can list their stays and others can book the stays.
Service: The commercial services and/or activities offered by Musjroom to the guests and hosts, including the publication of the offer on the platform, the use of marketing methods, and the facilitation of agreements between guests and hosts.
Article 2. General
2.1 To use the platform of Musjroom, you must be an individual who is at least 18 years old or a business, organization or other legal entity under the laws of the country in which you are registered and capable of entering into legally binding contracts.
2.3 You must access your account with a username and password to protect against unauthorized persons. In particular, you need to keep the password strictly confidential. Musjroom may assume that everything that happens after logging in with your username and password will be under your guidance and supervision. You are therefore responsible for all these acts, unless you have informed Musjroom which other person knows your password.
2.4 Via the platform of Musjroom, stays can be listed by hosts and rented by guests. When users accept or make a booking, they are entering into a contract directly with each other. Musjroom is not and will not become a party or participant in any contractual relationship between users.
2.5 After the host has accepted the booking and the payment is completed, the guest will see the address of the stay./p>
2.6 If you delete your Musjroom account, your data will be deleted and can not be restored.
Article 3: Cancellation
3.1 For a full refund of the booking, guests must cancel within the indicated time of the listing's cancellation policy. Guests will not receive a refund of Musjroom’s service fee if the cancelled reservation overlaps with an existing reservation or if they have already received three refunds in the last 12 months.
3.2 Canceling a booking as a host is not yet possible. You can, however, explain the situation to the guest via the chat function. The guest can then cancel. If you can't come to an agreement with your guest, please contact Musjroom support.
Article 4: Usage rules
4.1 It is forbidden to use Musjroom for acts that are contrary to the applicable laws and regulations of your country. This includes, inter alia, storing or disseminating information through the service which is libelous, defamatory or racist.
4.2 In addition, it is prohibited by Musjroom;
4.3 If Musjroom finds that you violate the above terms, or receive a complaint, Musjroom is empowered to intervene to end the violation.
4.4 If, in the opinion of Musjroom, there is pollution, damage or any other danger to the functioning of the computer systems or the network of Musjroom or third parties and/or the provision of services via the internet, in particular by excessive sending of e-mail or other data, the leaking of personal data or activities of viruses, Trojan horses and similar software, then Musjroom is entitled to take all measures which it reasonably considers necessary to avert this danger. In particular, Musjroom is entitled to adjust your contributions at its sole discretion.
4.5 Musjroom is at all times entitled to report identified violations. Furthermore, Musjroom is entitled to provide your name, address, IP address and other identifying data to a third party who complains that you are violating his rights or these terms and conditions, provided that the correctness of that complaint is reasonably sufficient plausible, there is no other way to obtain these data and the third party has a clear interest in issuing the data.
4.6 Musjroom can recover the damage resulting from violations of the rules of conduct from you. You indemnify Musjroom against all claims of third parties in connection with information provided by you.
Article 5. Availability and maintenance
5.1 Musjroom takes great care to ensure the availability and optimal functioning of the platform. However, uninterrupted availability can not be guaranteed.
5.2 The available information of a stay is composed by the hosts. Therefore, Musjroom can unfortunately not guarantee that the information of a stay is accurate and/or readily available.
5.3 Maintenance can take place any time to improve the platform and/ or ensure security, even if this can lead to a limitation of the availability. Maintenance is thus possible prior announcement.
Article 6. Intellectual property
6.1 The service Musjroom, the associated software and all information and images on the website and app belong to the intellectual property of Musjroom. It is not allowed to copy, save or use this without separate written permission from Musjroom. If for any reason any right or other applicable laws do not apply in relation to this intellectual property, or for any other reason as a matter of contract law, the user is also not allowed to copy, save or use this intellectual property.
6.2 Information you publish or save through the service is and remains your property (or that of your suppliers). Musjroom has a right to this information to set up for the service and everything related, including advertising on the service.
6.3 You can revoke this license by the relevant information to remove and/or to terminate the agreement.
6.4 You may adjust or remove information that you have published or saved on the platform.
6.5 Musjroom has the right to use all tips, ideas and feedback you send to Musjroom for improvement. This does not apply to information that you mark as confidential.
6.6 Musjroom will not take note of private information that you save and/or disseminate through Musjroom, unless this is necessary to provide a good service or Musjroom is obliged to do so on the basis of a statutory provision or a court order. In this case, Musjroom will limit the reading of the data as much as possible.
Article 7. Fee for the service
7.1 Musjroom may charge Service Fees in consideration for the use of the platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
7.2 Any applicable Service Fee (including any applicable Taxes) will be displayed to the guest prior to booking a listing. Musjroom reserves the right to change the Service Fees at any time. If the Service Fees change, Musjroom will provide the users adequate notice before they become active.
7.3 When the Service Fee changes, the bookings made prior to the effective date of the change will not be affected.
7.4 The users are responsible for paying any Service Fees that they owe to Musjroom. The Service Fees are non-refundable.
Article 8. Liability
8.1 Musjroom is not liable for conflicts between guest and host. Musjroom is not liable for defects and inaccuracies resulting from acts or inactivity of the guest and the host. It is only goodwill if Musjroom takes on the mediating role in the conflict.
8.2 Musjroom is expressly not liable for indirect damages, consequential damages, lost profits, lost savings and damage due to business stagnation.
8.3 In case of force majeure, Musjroom will never be called upon to repair the damage caused to you. Force majeure applies in the event of failure or breakdown of the internet, the telecommunication infrastructure, power cuts, internal disturbances, mobilisation, war, strike, lockout, blockade of the transport company, disruptions, stagnation of the supply, fire and flooding.
8.4 Although Musjroom takes great care to ensure the trustworthiness of her users, each user must independently verify the identity of the relevant contact person. Musjroom is not liable for the accuracy of the user's contact details provided on the platform.
8.5 After each stay, the guest and host are able to review each other. The reviews must be accurate and may not contain inappropriate language.
8.6 Some translations on the Musjroom platform are powered by Google. Google disclaims all warranties related to the translations.
8.7 Musjroom makes use of Google Maps services. Therefore, your use of the Google Maps services is subject to their additional terms of service.
Article 9. COVID-19
9.1 During the COVID-19 pandemic the hosts have to extensively disinfect and clean their stay. If possible, the hosts should also ventilate their stay regularly.
9.2 Each guest or host is imposed to follow the COVID-19 guidelines specified by the government of the country.
9.3 Each guest or host is expected to respect additional preferences regarding COVID-19.
Article 10. Other provisions
10.1 This agreement is governed by Dutch law.
10.2 Insofar as the rules of imperative law do not prescribe otherwise, all disputes relating to Musjroom will be submitted to the competent Dutch court for the district in which Musjroom is established.
10.3 Where any provision of these Terms and Conditions requires a communication to be made "in writing", it shall also be satisfied if the communication is made by e-mail or the communication is made via the service; if it has been sufficiently established that the communication actually originates from the alleged sender and that the integrity of the communication has not been compromised.
10.4 The version of the communication or information as stored by Musjroom is deemed to be correct, unless you provide proof to the contrary.
10.5 If any provision of these Terms and Conditions is found to be invalid, this does not affect the validity of the entire Terms and Conditions. In this case, the parties will replace (a) new provision(s) with which the intention of the original provision is as far as legally possible.
10.6 Musjroom is entitled to its rights and obligations under the agreement with regard to a third party who takes over Musjroom or the business activity in question from Musjroom.