Terms of use focus retreat
Definitions
In these terms of use, the following definitions apply:
Platform: the website Focus Retreat on which accommodations and locations are displayed for remote workers, workations, and long-term stays.
Provider: the owner, manager, or representative of an accommodation or location.
Accommodation / Location: the accommodation or workspace offered by providers.
User: Any natural person or legal entity visiting or using the platform.
Guest: a user who enters into a booking or agreement with a provider.
Content: all information, texts, images, and data available on the platform.
- Nature of the platform
Focus Retreat is solely an online visibility and inspiration platform.
The platform:
- does not facilitate bookings
- does not process payments for bookings or reservations
- is not a party to agreements between users and providers
- does not act as an intermediary within the meaning of Section 7:425 of the Dutch Civil Code
- does not act as a travel organizer or package travel provider
All agreements are concluded exclusively between the user/guest and the provider.
Nothing in these terms creates a partnership, agency relationship, or representation between the platform and any user or provider.
The platform is primarily intended for inspiration and orientation purposes. Users cannot derive any rights from the content, presentation, or selection of accommodations displayed on the platform. The platform does not apply selection or admission criteria relating to the quality, safety, or suitability of accommodations unless explicitly stated otherwise.
- Use of the platform
Use of the platform is entirely at the user’s own risk.
Users are not permitted to:
- use the platform for unlawful purposes
- use automated systems (such as bots or scrapers)
- bypass or interfere with security measures
- Overload or damage the platform
- copy or commercially exploit content without permission
The platform reserves the right to restrict or terminate access without prior notice.
3A. Age and legal capacity
The user declares that they are at least 18 years old and legally capable of entering into binding agreements.
If the user acts on behalf of a legal entity, the user declares that they are authorized to do so.
- No verification or guarantees
The platform does not conduct any checks, verification, or due diligence regarding:
- providers
- accommodations
- listings
- information displayed on the platform
- pricing
- availability
- images
- facilities
- location information
The platform provides no guarantees regarding:
- juistheid van informatie
- availability
- pricing
- facilities
- location information
- images
- quality of the accommodations
- safety of locations
- suitability for any purpose
All information is provided on an “as is” and “as available” basis.
The platform does not select, evaluate, or rank accommodations based on quality, suitability, or reliability unless explicitly stated otherwise. The display of accommodations on the platform should not be interpreted as a recommendation, guarantee, or indication of quality.
The platform has no duty of care toward users, guests, or providers and is not obligated to monitor or intervene in the actions of providers or users.
The platform is not responsible for the content of listings and accepts no liability for any inaccuracies, omissions, or misleading information. Information on the platform does not constitute advice, recommendations, or professional services of any kind. Information relating to pricing, availability, and facilities is provided by providers and may change at any time.
The platform does not guarantee that such information is current, complete, or accurate.
The platform does not guarantee that accommodations or locations are suitable for the user’s specific purpose, including but not limited to remote work or long-term stays.
Users are expressly advised to verify all information directly with the provider before making any decisions.
The platform does not guarantee that the listings are complete, representative, or exhaustive.
Users cannot derive any rights from the content of the platform.
The platform does not conduct inspections, certifications, or checks relating to the safety, hygiene, or quality of accommodations or locations.
The platform is not obligated to monitor, review, or remove content unless legally required to do so.
The platform may, but is not obligated to, remove or modify content at its own discretion.
The platform is not liable for any differences between a user’s expectations and the actual experience of an accommodation or location.
Any automatic or algorithmic display of content does not constitute an evaluation or recommendation and may not be interpreted as advice.
All content on the platform originates from or is based on information provided by providers or third parties and is displayed for informational purposes only.
The platform does not guarantee that accommodations are suitable for specific purposes such as remote work and accepts no liability for accommodations failing to meet such expectations.
The order, presentation, or visibility of accommodations on the platform is not based on quality or suitability and may depend on technical, commercial, or random factors.
The platform has no knowledge of the actual circumstances relating to accommodations or providers and cannot reasonably be expected to have such knowledge.
- Own responsibility of the user
The user is fully responsible for:
- evaluating accommodations and providers
- conducting their own research
- making their own choices and decisions
- ensuring compliance with required travel and work documentation, tax obligations, and social security regulations
The platform expressly advises users to conduct independent research before entering into any agreement.
The user acknowledges and accepts that the use of accommodations and locations may involve risks, including but not limited to injury, damage, or loss. These risks are entirely the responsibility of the user.
Users are expressly advised to verify all information directly with the provider before making any decisions.
The user is solely responsible for obtaining and complying with all applicable laws and regulations relating to travel, residency, remote work, visas, work permits, immigration, taxes, social security, and other legal obligations in the relevant country or region.
Users are strongly advised to independently obtain information regarding travel documents, visas, work permits, tax obligations, and social security regulations from competent authorities and professional advisors.
The platform does not provide legal, tax, immigration, employment, or other professional advice and accepts no liability for consequences resulting from actions or omissions by users based on information available on the platform. Information on the platform relating to destinations, remote work, or accommodation options is general and informational in nature only and should not be interpreted as legal, tax, or immigration advice.
By using the platform and entering into a stay with a provider, the user acknowledges that they understand and accept these risks. The user fully accepts these risks and indemnifies the platform against any damages resulting from them.
The platform is not responsible for decisions made by users based on subjective interpretations, expectations, or personal circumstances. Users are responsible for independently assessing the reliability of providers and taking appropriate precautions to prevent fraud or misleading situations.
5A. No reliance on information (non-reliance)
The user acknowledges that they have not made any decisions based on statements, expectations, or representations by the platform that are not explicitly included in these terms. All decisions are made entirely at the user’s own responsibility.
- Agreements between user and provider
All:
- bookings
- reservations
- payments
- agreements
take place exclusively between the user/guest and the provider.
The platform:
- is not a contracting party
- is not involved in the execution of agreements
- is not responsible for performance or fulfillment
Any disputes must be resolved directly with the provider.
The platform is not liable for any acts or omissions of providers, nor for any failure by providers to fulfill their obligations. Providers operate entirely independently and outside the control or responsibility of the platform.
Any communication between a user and a provider through or as a result of the platform does not create any involvement, responsibility, or liability on the part of the platform. Before entering into any agreement, users must contact the provider directly and independently verify all relevant information, including availability, pricing, and terms.
The platform is not involved in the actual stay in any way and bears no responsibility for its execution.
The platform will not act as a mediator or dispute resolver and is not obligated to intervene in conflicts between users and providers.
The provider is solely responsible for the safety, hygiene, condition, and suitability of the accommodation or location. The platform has no influence over and no responsibility for these aspects.
- Exclusion of liability
To the fullest extent permitted by law and subject to mandatory legal provisions, the platform is not liable for any damages, including but not limited to:
- damages resulting from use of the platform
- incorrect or incomplete information
- acts or omissions of providers
- bookings, reservations, or cancellations
- quality, safety, or availability of accommodations
- bodily injury or damages during a stay
- financial losses or disputes
- communication between users and providers
- use of external websites
The platform is not liable for any damages, injuries, health issues, or death arising from or related to staying at or using an accommodation or location found through the platform.
This includes, but is not limited to:
- physical injuries
- accidents
- infections or health-related issues
- gebrekkige voorzieningen
- unsafe situations
- inadequate maintenance of accommodations
Such risks are entirely the responsibility of the provider and/or the user.
The platform is not liable for damages caused by third parties, including other guests, local residents, or external parties in or around an accommodation or location.
The platform is not liable for third-party services related to an accommodation or location, including but not limited to transportation, cleaning services, internet services, or additional facilities.
The platform is not liable for circumstances in or around a location, including but not limited to environmental conditions, noise disturbances, safety situations, infrastructure, or local amenities.
The platform is not liable for any differences between a user’s expectations and the actual experience of an accommodation or location.
The platform is not liable for unavailability of accommodations, overbookings, or refusal of bookings by providers.
The platform is not liable for fraud, misleading conduct, or payment issues between users and providers.
The platform has no knowledge of, nor influence over, the actual condition of accommodations and therefore cannot bear any responsibility for physical conditions on-site.
7A. Indemnification by the user
The user indemnifies the platform against all third-party claims arising from or related to the user’s use of the platform, including but not limited to:
- unlawful use
- violation of these terms
- disputes with providers
All resulting costs, including legal costs, shall be borne by the user.
- Limitation of liability
If the platform is nevertheless found liable despite the foregoing, liability shall be limited to:
€500 (five hundred euros) or, if lower, the amount paid through the platform (if applicable).
The platform is never liable for indirect damages, including:
- consequential damages
- loss of profitverlies
- loss of data
- reputational damage
This limitation does not apply where liability cannot be excluded under mandatory law, including but not limited to liability arising from intentional misconduct or gross negligence.
- External links
The platform contains links to external websites of providers.
The platform:
- has no control over these websites
- is not responsible for their content or operation
- accepts no liability for their use
Use of external websites is entirely at the user’s own risk.
When clicking through to external websites, the user leaves the platform and becomes subject to the privacy and usage policies of the relevant third party.
- Force majeure
The platform is not liable for any failure or delay resulting from force majeure.
Force majeure includes any circumstance beyond the reasonable control of the platform, including but not limited to:
- hosting or infrastructure failures
- cyberattacks
- failures in third-party systems or services
- internet outages
- government measures
- pandemics
- technical failures
During force majeure situations, obligations are suspended.
- Availability of the platform
The platform:
- does not guarantee continuous availability
- may perform maintenance
- may modify functionalities
No guarantees are provided regarding uninterrupted or error-free operation.
The platform does not guarantee that accommodations or listings will remain permanently available and may modify or remove them at any time.
To the extent permitted by law, the platform is not liable for damages resulting from security incidents, including but not limited to hacking, data breaches, or unauthorized access to systems.
The platform may contain errors, inaccuracies, or technical imperfections.
The platform may modify or remove content, listings, or functionalities at any time without prior notice.
The platform is provided without any express or implied warranties, including but not limited to warranties of fitness for a particular purpose, reliability, accuracy, or availability.
To the extent permitted by law, all such warranties are excluded.
- Intellectual property
All rights relating to the platform and its content belong to the platform or its licensors.
It is not permitted to:
- copy content
- reuse content
- commercially exploit content
without prior written permission.
- Privacy
The platform processes personal data in accordance with the GDPR.
Please refer to the privacy policy on the website.
- Evidence
The records and systems of the platform constitute conclusive evidence unless proven otherwise.
14A. Complaints
Complaints must first be submitted to the platform in writing before any further action is taken.
The platform shall be given a reasonable period to investigate and respond to a complaint.
- Limitation period
Any claim against the platform expires if it has not been submitted in writing within 12 months.
- Amendments
The platform may amend these terms.
Continued use of the platform constitutes acceptance of the amended terms.
- Governing law
These terms are governed by Dutch law. Disputes shall be submitted to the competent court in the Netherlands.
Users waive the right to bring claims collectively or through class actions to the extent permitted by law.
If these terms are available in multiple languages, the Dutch version shall prevail in the event of interpretation differences.
- Entire agreement
These terms constitute the entire agreement between the parties.
- Severability
If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- No waiver
Failure to enforce any provision of these terms shall not constitute a waiver of the platform’s right to enforce such provision at a later time.