LISTING TERMS & CONDITIONS – FOCUS RETREAT
1. Definitions
In these Listing Terms & Conditions, the following definitions apply:
Platform: the website and online environment of Focus Retreat on which accommodations and locations are showcased for remote workers, workations, and long-term stays.
Provider: the natural person or legal entity that registers and lists an accommodation or location on the platform.
Accommodation / Location: any accommodation, workspace, or combination thereof offered by the provider and displayed on the platform.
Listing: the presentation page of an accommodation or location on the platform, including but not limited to texts, images, specifications, and links.
Content: all information provided by the provider, including but not limited to texts, images, photographs, videos, descriptions, and other data.
User: Any natural person or legal entity visiting or using the platform.
Guest: a user who enters into a booking, reservation, or agreement with a provider.
Agreement: the legal relationship between the platform and the provider established through registration, acceptance of the terms, and payment.
Listing Placement: the inclusion and visibility of an accommodation or location on the platform
Terms: hese Listing Terms & Conditions, in conjunction with the Registration Terms and any other applicable terms of the platform.
2. Purpose and Nature of the Listing Terms & Conditions
These Listing Terms & Conditions describe the minimum requirements accommodations and locations must meet in order to qualify for placement on the Focus Retreat platform.
These conditions are intended to ensure a basic level of suitability for remote work and workations.
The platform reserves the right to refuse or remove accommodations if they do not comply with these conditions or do not align with the concept of the platform.
The platform does not conduct physical inspections or verifications of accommodations and relies on the information provided by the provider.
The platform does not verify whether accommodations actually comply with these Listing Terms & Conditions and cannot guarantee such compliance. Responsibility for compliance rests entirely with the provider. No rights may be derived from these Listing Terms & Conditions by users or third parties, and they do not constitute any guarantee, representation, or quality assurance by the platform. Nothing in these Listing Terms & Conditions creates a partnership, agency relationship, or representation between the platform and the provider.
The platform has no actual knowledge of the circumstances of accommodations and cannot reasonably obtain such knowledge.
The platform and all content displayed on it are provided on an “as is” and “as available” basis, without any express or implied warranties.
3. General Requirements
The provider represents and warrants that:
- the accommodation complies with all applicable laws and regulations;
- the accommodation is safe, clean, and suitable for stays;
- there are no serious defects, unsafe situations, or health risks;
- the accommodation is properly maintained.
The provider is fully responsible for compliance with these obligations. The provider is fully liable for all consequences resulting from non-compliance with applicable laws and regulations and indemnifies the platform against all related claims.
4. Suitability for Remote Work
The accommodation must be suitable for remote work.
This means that at a minimum the following must be available:
- a stable and functional internet connection (Wi-Fi or alternative);
- a functional workspace (such as a desk, table, or equivalent workspace);
- sufficient power outlets for equipment.
For locations where power supply may be unstable (such as certain regions), an alternative solution must be available, such as a generator or backup power supply. The provider is responsible for accurately communicating the quality and reliability of these facilities. The qualification “suitable for remote work” is based solely on information provided by the provider and does not constitute a guarantee by the platform.
5. Internet and Connectivity
The provider must provide accurate and realistic information regarding:
- type of internet connection;
- estimated speed (if available);
- connection stability;
- any limitations or outages.
The platform does not guarantee the actual performance of internet connections. The platform is not responsible for the actual functioning, speed, or stability of internet connections and accepts no liability for outages or limitations.
6. Location Information and Transparency
The provider must provide complete and accurate information regarding the location, including:
- exact or approximate location;
- distance to airport(s);
- distance to shops and supermarkets;
- distance to restaurants and amenities;
- accessibility and infrastructure.
All information must be current and non-misleading.
Distances and location information are indicative only and may differ from the actual situation.
7. Safety and Hygiene
The provider declares that:
- the accommodation complies with reasonable safety standards;
- there are no dangerous situations;
- the accommodation is offered in a clean and hygienic condition;
- any risks or special circumstances are clearly communicated.
The platform does not conduct inspections regarding these aspects.
The platform has no knowledge of the actual condition of accommodations and cannot guarantee the safety, hygiene, or suitability of any location.
8. Content and Presentation
The provider is responsible for:
- accurate and representative photographs;
- honest and non-misleading descriptions;
- up-to-date information, with changes communicated promptly.
Images and descriptions must provide a realistic representation of the accommodation. The platform is not liable for differences between presented content and the actual situation of the accommodation. The platform is not liable for how submitted information is displayed, interpreted, or presented on the platform.
The platform is not liable for technical errors, display errors, or incomplete information arising from the publication of content on the platform.
9. Accuracy of Information
The provider is obligated to keep all information accurate, complete, and up to date at all times and must communicate changes without delay.
The provider remains liable for damages resulting from outdated or inaccurate information.
10. No Guarantee or Certification
Placement on the platform does not mean that:
- the accommodation has been checked or inspected;
- the accommodation has been approved or certified;
- the platform provides any guarantee regarding quality, safety, or suitability.
Placement should solely be regarded as visibility within an inspiration platform.
The platform does not guarantee placement, visibility, or continuity of an accommodation on the platform.
The platform provides no guarantees regarding visibility, discoverability, performance, leads, inquiries, or bookings.
The provider acknowledges that the platform serves only as an additional channel and does not replace the provider’s own sales or marketing channels.
11. Enforcement
The platform reserves the right to refuse, modify, or remove accommodations or listings at any time, without stating reasons and without prior notice. The platform is not obligated to take action, remove content, or enforce these Listing Terms & Conditions in response to possible violations.
Failure to exercise these rights shall not be interpreted as approval or acceptance of any situation.
The provider has no right to restoration, reinstatement, or continuation of a listing after removal or modification by the platform.
Removal, suspension, or modification of a listing, for any reason whatsoever, does not entitle the provider to refunds, compensation, suspension of payment obligations, or termination of the agreement.
The provider acknowledges that the fee for placement relates to participation on the platform and is not dependent on visibility, performance, or continuity of a listing.
12. Liability
The provider remains fully responsible at all times for:
- the accommodation;
- the accuracy of information;
- the safety and quality of the stay.
The provider indemnifies the platform against all third-party claims arising from the use of the accommodation.
To the fullest extent permitted by law, the platform shall not be liable for any direct or indirect damages, including but not limited to consequential damages, loss of profits, reputational damage, or loss of data arising from the placement of accommodations on the platform. The provider is obligated, upon first request from the platform, to fully cooperate in the defense against third-party claims.
The platform has the right to independently conduct the defense and any settlement at the provider’s expense.
The platform is specifically not liable for indirect damages, including but not limited to consequential damages, loss of revenue, loss of bookings, or reputational damage suffered by the provider. The platform is not liable for technical errors, display errors, or incomplete information arising from the publication of content on the platform.
The platform depends on third-party services and is not liable for deficiencies, outages, or errors resulting from such external services.
13. Intellectual Property and Content
The provider remains the owner of all submitted content, including but not limited to texts, images, photographs, videos, and descriptions.
By submitting content, the provider grants the platform a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, edit, publish, and distribute such content for platform and marketing purposes.
The provider guarantees that:
- they are authorized to use and publish the content;
- the content does not infringe any third-party rights, including copyrights, portrait rights, or other intellectual property rights;
- the content is not unlawful, misleading, or harmful.
The provider fully indemnifies the platform against all third-party claims arising from or related to the submitted content.
All resulting costs, including legal costs and damages, shall be fully borne by the provider. The platform is not liable for the content submitted by providers and accepts no responsibility for any infringement of third-party rights.
The platform is not obligated to review, monitor, or verify content but reserves the right to remove or modify content if deemed necessary.
The platform has the right to use submitted content for promotional purposes, including but not limited to online marketing, advertisements, and social media, without further consent or compensation.
14. No Waiver
Failure to enforce any provision of these Listing Terms & Conditions shall not constitute a waiver of the platform’s right to enforce such provision at a later time.
15. Entire Agreement
These Listing Terms & Conditions form an integral part of the agreement between the platform and the provider and apply in addition to the Registration Terms.
In the event of conflict, the Registration Terms shall prevail.
16. Limitation Period
Any claim against the platform expires if it is not submitted in writing within 12 months after the claim arose.
17. Evidence
The platform’s administration and systems shall constitute conclusive evidence of communication, usage, and data, unless proven otherwise by the provider.
18. Severability
If any provision is found to be invalid or unenforceable, the remaining provisions shall remain fully valid and enforceable.
19. Governing Law
These Listing Terms & Conditions are governed by Dutch law.
Any disputes shall be submitted to the competent court in the Netherlands.
