On this page, you‘ll find Micazu’s General Terms and Conditions. By visiting this Website, you hereby declare that you agree with these General Terms and Conditions, so we advise you to read them carefully. Before using the Website or any services provided by Micazu, you may be asked to declare you express agreement with these General Terms and Conditions. The General Terms and Conditions consist of 3 parts:
Part 1 general conditions applicable to all Users;
Part 2 conditions for Guests in addition to part 1;
Part 3 conditions for Hosts in addition to part 1;
If you have any questions about these General Terms and Conditions after reading this, please let us know. You can contact us using the contact form or by sending an e-mail to [email protected].
1. Definitions
If, in these General Terms and Conditions, the names and terms below are capitalised, they will be understood to have the following meaning, unless expressly indicated otherwise.
Accommodation
Holiday home(s) owned by the Host
Additional Services
Services offered by Micazu other than placing a Listing online on behalf of the Host for a predetermined commission
Agreement
An agreement between Micazu and a User for the provision of services, including the online placement of a Listing by the Host for commission under the conditions described in Article 15 of these General Terms and Conditions and any other agreed Additional Services
Booking Request
A request sent by a Visitor via the Booking Request form for the rental of an Accommodation over a specific period of time at a specific price via the calendar on the Listing
Content
Any images, videos and text placed on the Website by Host(s) as part of their Listing(s)
Database
Any content displayed on the Website, consisting of, among other things, a database with a varying range of Accommodation
Deposit
A sum of money required by the Host from the Guest that serves as a guarantee for proper compliance with the lease agreed between them, for which the Host may determine the amount to be held and the amount to be refunded to the Guest following proper compliance with the lease
Down Payment
A Down Payment required by the Host from the Guest up to a maximum of 50% of the Rent
Escrow
The amount that OPP withholds from the Guest on behalf of the Host until the moment of payment
Expired Booking Request
A Booking Request which the Host has not accepted or rejected within the terms specified in Article 15 of these General Terms and Conditions
General Terms and Conditions
The general terms and conditions of Micazu
Guest(s)
A Visitor whose Booking Request has been accepted by the Host, whereby an agreement is concluded between them and the Host with regard to the relevant Accommodation
Host(s)
Small, private commercial providers of Accommodation on the Micazu Platform
Listing(s)
The advertisement of the Host's holiday home on the Micazu Platform, as prepared by the Host
Message area
The online area that Micazu makes available to Guests and Hosts for exchanging relevant information and asking and answering questions
Micazu
Micazu B.V., with its registered office in Sassenheim and its principal place of business in Den Haag at (2521CA) Waldorpstraat 17, registered with the Chamber of Commerce under number 34295121
Micazu Management Area
A personal online management area for Hosts to log in and manage Booking Requests and access relevant information
Micazu Platform
The online platform of Micazu where Hosts place Listings in order to offer Accommodation for rent to potential Guests
MyMicazu Account
The personal online account that the User has created in order to use the Website that provides access to personal information about bookings, booking history and Payment Request(s)
OPP
Online Payment Platform B.V., with its registered office and principal place of business in Delft at (2628 EB) Kanaalweg 1 and registered with the Chamber of Commerce under number 50124498
Payment Request
A link sent by OPP that leads Users to a private payment area to make a payment handled by OPP
Remaining Balance
The amount of Rent owed by the Guest following deduction of any Down Payment
Rent
The basic rent as shown in the Booking Request plus all additional costs to be paid to the Host, excluding any tourist tax and the Deposit in accordance with Article 26 of these General Terms and Conditions
User(s)
Host, Guest and/or Visitor
Visitor(s)
Visitor(s) to the Website
Website
https://www.micazu.com/
2. Effective Date, Application and Interim Changes
These General Terms and Conditions shall apply from 1st December 2021 to any use of the Website and to all services offered by Micazu.
Micazu reserves the right to change its Terms and Conditions at any time. To ensure that our Users always know which General Terms and Conditions apply, we have outlined some clear rules below.
– For Visitors to the Website, the applicable version shall be the version of these General Terms and Conditions shown on each visit to the Website;
– For Guests, the applicable version shall be the version of these General Terms and Conditions that applied at the time that the Booking Request was sent to the Host;
– For Hosts, the most recently amended version of these General Terms and Conditions can be viewed on the Website, whilst active Hosts will also be notified of any changes via message in the Micazu Management Area.
3. Additional Terms
The Host and the Guest are obliged to make payments through OPP's payment platform. Micazu informs its Users that the terms and conditions of its partner OPP shall apply to the use of this platform. By using Micazu’s services, you also expressly agree to OPP’s general terms and conditions. These conditions can be consulted at https://onlinepaymentplatform.com/en/terms-policies.
4. Privacy Policy, Cookie Policy and Disclaimer
Micazu values your privacy. This is why Micazu has a Privacy and Cookie Policy.
Our Privacy Policy explains how Micazu protects your privacy when you use our Website. It also explains how Micazu handles personal data. Our Privacy Policy can be found here and can also be viewed via the Privacy button at the bottom of the Website.
You can read which types of cookies we use in our Cookie Policy. You can also adjust your cookie settings there yourself. You can find our Cookie Policy here and it can also be viewed via the Privacy and Cookie Policy button at the bottom of the Website.
5. Website Operation
Micazu takes great care to ensure that its Website functions as optimally and error-free as possible and that all information found there is accurate and correct. However, Micazu is partly dependent on third parties for the functioning of its Website, and information about Accommodation in its Listing(s) has been provided by the Host(s). Unfortunately, Micazu cannot guarantee that the Website will always run without malfunctions or that it will always be accessible or that all information on the Website is correct. It goes without saying that Micazu does its utmost to ensure that the Website functions properly and that the information provided is correct within reasonable limits.
6. Limitation of Liability and Indemnification
Micazu is responsible for the hosting and providing access to the Website. Micazu is not liable for damage as a result of system failure, connection failure or any other defect or malfunction of the Website. Micazu will always try to resolve a malfunction as soon as possible.
Micazu is not liable for any damage caused by the use of the Website by Users.
Micazu does not accept, to the extent permitted by law, liability for any damage suffered by a User as a result of:
(i) use of the services of the Website or other Micazu services;
(ii) the unavailability or insecure availability of the Website or parts thereof;
(iii) incorrect information on the Website.
If and insofar as it appears from a judicial or arbitral decision that Micazu is liable, then Micazu's liability shall be limited to:
- if concerning a claim from a Guest or Host, a maximum of the amount of the basic weekly price paid or to be paid by the Guest to the Host for the Accommodation in question;
- if it concerns a claim from a Host, a maximum of the amount of the basic weekly price paid or to be paid by the Guest to the Host for the Accommodation in question;
Under no circumstances will Micazu be held liable for indirect, incidental, consequential or punitive damages arising from or in connection with the agreement between Micazu and a Host.
Users indemnify Micazu against claims from third parties with regard to any damage, including but not limited to legal costs suffered by entering into an agreement between the Guest and the Host and/or the use of the Website.
7. Unauthorised Use of the Website
Micazu owns the Database. The Database is subject to the database rights of Micazu as referred to in the Database Act. Users are not permitted to use, reuse or store parts of this Database without the prior written consent of Micazu. If, for whatever reason, the Database does not qualify as a database within the meaning of the Database Act or for any other reason does not fall under the scope of protection of any legal provision, Users are not permitted to use, reuse or store parts of this Database.
Unless the User receives prior written consent from Micazu, the User shall not be permitted to use the Website, whether wholly or in part, Database or Content for the following purposes:
- to copy, store, reproduce and/or make public;
- for the collection of personal data;
- to approach other Users to offer the same or other products and/or services.
If we become aware that a User is using or has used the Website, whether wholly or in part, the Database or Content for one of the purposes described above, Micazu reserves the right to take legal action or other measures against the User, including the immediate termination of the collaboration between Micazu and the Host.
8. Explanation of General Terms and Conditions and their Application
If there is a lack of clarity regarding the interpretation of one or more provisions of these General Terms and Conditions, interpretation should be based on the actual intention of these provisions.
If a situation arises between Micazu and the User that is not regulated in these General Terms and Conditions, this situation must be assessed according to the intention of these General Terms and Conditions.
If one or more of the provisions of these General Terms and Conditions or any other agreement with Micazu should conflict with any applicable mandatory legal provision, the relevant provision will lapse and will be replaced by a new legally permissible comparable provision. In the event that one or more provisions of these General Terms and Conditions are declared invalid in whole or in part by a court ruling, this shall not affect the validity of the other provisions contained in these General Terms and Conditions.
9. Transfer to Third Parties
Micazu is entitled to transfer its rights and obligations regarding the services offered, including the Website, to third parties and to have third parties perform and offer these services. If and insofar as Micazu uses third parties and provides them with personal data, Micazu shall guarantee that the same agreements apply in their relationship with these parties as included in their Privacy Policy.
10. Force Majeure
Without prejudice to the other rights held by Micazu, in the event of force majeure, Micazu reserves the right, at its own discretion, to suspend the Agreement and any Additional Services or to dissolve their Agreement with the User without judicial intervention by informing the User in writing. In such circumstances, Micazu shall have no obligation to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness. Micazu is also not liable for non-fulfilment or delay in the fulfilment of its obligations towards the User if the non-compliance or delay is the result of a force majeure.
Force majeure is understood to mean any shortcoming that cannot be attributed to Micazu because it is not at fault and cannot be held accountable under law, a legal act or any generally accepted standards. A force majeure situation occurs when Micazu is unable to fulfil its obligations due to war, strikes, lockouts, severe weather, earthquakes, fire, explosions, government measures, pandemics (such as COVID-19) or other similar causes beyond Micazu's control.
11. Abuse, Applicable Law and Disputes
The User is not allowed to use the Website for any unlawful, immoral or criminal behaviour. If Micazu becomes aware of unlawful, immoral or criminal behaviour, Micazu is entitled to adjust the Listing or, where appropriate, remove it. This includes the event that the Host violates any third-party rights in their Listing or if the User uses the Micazu Platform for improper acquisition outside Micazu.
All legal relationships to which Micazu is a party shall be subject to Dutch law, including any Agreement concluded between Micazu and the User, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
The District Court of The Hague has exclusive jurisdiction to hear disputes related to the conclusion, interpretation, implementation or termination of Agreements with the User or the use of the Website. Nevertheless, Micazu reserves the right to submit the dispute to any competent court according to the law.
These terms and conditions apply in addition to the provisions set out in Part 1 of these General Terms and Conditions.
12. Guest and Host Agreement
An agreement between you and the Host is concluded once the Host has accepted your Booking Request. Micazu is not and will not be a party to the agreement that you conclude or wish to conclude with the Host. Your agreement is concluded independently with the Host of the Accommodation. Micazu shall send your Booking Request and facilitate secure payments to the Host under the agreement between you and the Host by providing the Micazu Platform and payment partner OPP.
The Guest is responsible for all persons and animals (if permitted by the Host) that use the Accommodation during the rental period specified in the Booking Request. Subletting of Accommodation by the Guest is expressly prohibited.
Micazu is not liable for any potential defects in the Accommodation. Therefore, if you deem it necessary, you should request any background information about the Accommodation from the Host and conduct further research yourself regarding the location and quality of the Accommodation and the reliability of the Host.
13. Making Payments
Once a Guest has been notified of the acceptance of the Booking Request by the Host, they will receive information as to whether or not the Host requires a Deposit and/or Down Payment. From that moment on, the Guest will immediately be able to pay the Deposit and/or Remaining Balance to the Host using the services of OPP. The Guest will receive a Payment Request by e-mail. If the Guest has created a MyMicazu Account on the Website, they will also be able to access the payment page via the payment buttons in their account.
A week before the payment deadline for the Down Payment or the Remaining Balance, the Guest will receive a final payment reminder. If, on the date of arrival, the full Rent has not yet been paid via the OPP payment platform, the Guest and the Host will be notified that the Payment Request function can no longer be used. The Host must then contact the Guest to agree on an alternative payment method for the Rent or Remaining Balance.
If and insofar as the Host requires a Deposit, that amount will remain with OPP in Escrow. If the Host is of the opinion that the Guest has properly complied with the rental agreement, the Deposit will be refunded on a date to be set by the Host following the end of the rental period for the Accommodation.
14. Information on the Website and in Listings
Micazu does its best to ensure that the Accommodation information provided on the Website and Listing(s) placed by Hosts is correct. To this end, Micazu will take action against the Host if deemed necessary at its sole discretion. Under applicable laws and regulations, the identity and bank account of all Hosts are verified when registering on the Website.
However, Micazu cannot guarantee that the information on the Website and in Listings is correct and reliable at all times. Micazu cannot be held liable for either direct or indirect damage resulting from the use of the information on the Website and in Listings.
Micazu does not physically check the quality of the content of the Accommodation offered nor the correctness and completeness of the description of the Accommodation.
Micazu cannot guarantee that the Accommodation offered by Hosts on the Website will meet your expectations.
15. Booking Process and Conclusion of Agreement
A Booking Request is deemed to be a request from the User to the Host to enter into an agreement for the rental of the Accommodation in question for the period selected in the Booking Request. An agreement shall only be concluded between the Host and the Guest following explicit acceptance of the Booking Request by the Host. Hosts are obliged to respond to a Booking Request as soon as possible but no later than five (5) days after the Booking Request has been sent. In the event of an Expired Booking Request, no agreement shall be deemed to have been concluded between the Guest and the Host and neither party may claim any compensation.
The Guest’s contact details shall only become visible to the Host after they have accepted the Booking Request.
The Guest is solely responsible for taking out cancellation insurance and shall accept that the Host will apply their own cancellation conditions for the Accommodation that they offer. The Micazu Platform offers Guests the option of taking out cancellation insurance.
16. Complaints
In case of complaints about our services, you can submit your complaint by sending an email to [email protected]. Complaints should be submitted within a reasonable period, but no later than two months after the situation that you consider complaint-worthy has occurred, under penalty of forfeiture. The complaint should be well-motivated. Micazu will aim to respond to your complaint within 14 days. If this is not possible, we will notify you within that period and indicate when you can expect a response. If something goes wrong before, during, or after your stay, you should always contact the landlord, homeowner, or manager and discuss it with them reasonably and amicably. You can find more information here .
Damage by the Guest:
The paid security deposit can be used (in part) by the Host to offset any damage. The Host must clearly indicate which damage has been documented during the check-out. In the event that any damage exceeds the paid security deposit, the Guest and Host must settle this together.
Micazu is not responsible for the timely reimbursement of security deposits. Micazu disclaims any responsibility for agreements and arrangements made between the Host and Guest.
17. Posting Reviews
Micazu values your opinion and experience. For this reason, Guests have the opportunity to post a review about the rented Accommodation(s).
Guests will automatically receive an email invitation to review the Accommodation on the return date indicated in the Booking Request. This must be done within 30 days. After these 30 days, it is no longer possible to submit a review. When a Guest writes a review, it will be automatically posted in the Micazu advertisement after 14 days. We use a 14-day period because we want to give Hosts some time to write a response to a review.
You can view our guidelines for writing reviews here.
The review will be posted under the respective Accommodation. Hosts have the option to respond to a review or object if the Host believes that the review violates the guidelines. Micazu reserves the right to remove reviews and comments at any time if it deems it necessary. These reviews will no longer count towards the average rating.
Part 3 Conditions for Hosts
These terms and conditions are in addition to the terms of Part 1 of these General Terms and Conditions.
18. Host Registration and OPP Onboarding
After registering as a Host on the Website, free of charge, you must complete the OPP onboarding process, which involves verifying your EU or UK bank account number and identity in accordance with applicable laws and regulations. This process usually takes one business day. There are no costs associated with this. Micazu would like to point out that OPP’s general terms and conditions apply to the use of the payment platform and services provided by OPP. By using the services of Micazu, you also expressly agree to OPP’s general terms and conditions. The terms and conditions applicable to the use of OPP's payment platform for Hosts can be found here.
For multiple Accommodations within 1 account (under a single registered e-mail address), you will only have to complete the OPP onboarding process once.
Micazu reserves the right to request additional supporting documentation and checks regarding Accommodation after registration as a Host on the Website, and following successful completion of the onboarding with OPP, before the Listing is placed online. Micazu also reserves the right to make adjustments to your Listing if it deems necessary.
19. Listing
One (1) Listing is allowed per Accommodation. The Listing for the Accommodation will only be shown on the Website once the Host has successfully completed the onboarding process and Micazu has carried out any additional checks.
20. Guest and Host Agreement, Commission
A definitive agreement shall only be concluded between the Host and the Guest following explicit acceptance of a Booking Request in the Micazu Management Area by the Host. When using the Micazu Platform, Micazu shall only receive a commission when the Host accepts a Booking Request in the Micazu Management Area, resulting in an agreement between the Host and the Guest. The Host will receive a notification of the Booking Request at the e-mail address provided and also by SMS if the Host has activated that option in the Micazu Management Area. The Guest’s contact details shall only become visible to the Host once the Booking Request has been accepted.
For each accepted Booking Request, a commission of 10% (excl. VAT) will be charged on the total Rent. Micazu will send the Host an invoice from the Micazu Management Area once the commission becomes due. Micazu will not charge any further costs for making its platform available, unless the Host makes use of additional services offered in the Micazu Management Area.
21. Additional Services
Micazu offers Additional Services to Hosts on its Website and in the Micazu Management Area, such as promotions and opportunities to improve the ranking of Listings on the Website. Additional Services are provided for a fee and are subject to additional separate terms and conditions as stated in the Micazu Administration Area. For a number of additional services as mentioned in the Micazu Management Area, the Host will form a direct contract with a third party. The provision of these additional services will then take place without the intervention of Micazu. Micazu is not responsible for the quality of service provided by any third party.
All prices for Additional Services offered by Micazu do not include VAT.
22. VAT and Other Tax Obligations
If the Host is a sole trader with a valid VAT number outside the Netherlands but within the EU, the VAT owed can be transferred to the Host. Please contact [email protected] and quote the relevant VAT number. The VAT number will then be verified in the VIES database. With a valid VAT number outside the Netherlands but within the EU, the Host may state “VAT reversed” on the invoice. This is only final when the Host has received a written confirmation from Micazu's Finance department.
Hosts can find out which VAT rate or system applies to them in our Frequently Asked Questions.
If the Host does not have a valid VAT number, the Host is regarded as a private individual and the VAT rate applicable in the country of residence of the Host will be charged. The VAT cannot be adjusted retrospectively. It is the Host’s responsibility to ensure that they comply with all other tax obligations that may apply to them at all times, including the payment of any tourist taxes.
23. Cancellations, Rejections and Expired Booking Requests
If a Booking Request is cancelled before the planned arrival date, rejected or allowed to expire, the Host will not owe Micazu any commission, except in cases where the Host cancels, rejects or delays the Booking Request but proceeds to conclude an agreement outside of the Micazu platform for the same Booking Request, whereby Micazu has been deliberately side-lined by the Host.
Note: If the Host cancels a previously accepted Booking Request for whatever reason, the Host accepts the obligation to refund the Guest the amount that they have already paid, whether it be the full Rent or Deposit or both, or to provide an appropriate equivalent offer of Accommodation with matching rental conditions.
In the event of cancellation by the Host after the planned arrival date, the Host is fully obliged to pay the 10% commission (excl. VAT) on the Rent.
Considering that Guests’ confidence in the Micazu platform could be seriously damaged if Booking Requests are suddenly cancelled, rejected or allowed to expire, and in order to guarantee the quality of the Micazu Platform and its Listings, Micazu reservesthe right to exercise the following sanctions against the Host should they misuse their powers to cancel or reject a Booking Request or allow it to expire:
The removal of Listings from the platform by Micazu, whether temporarily or permanently, or the imposition of one of the other sanctions mentioned above does not absolve the Host of their payment obligations towards Micazu.
24. Host Freedom
At Micazu, the Host has complete freedom to determine the conditions under which they rent out their Accommodation. Micazu only places a few rules on Hosts as mentioned in the provisions of this section. As a Host, you determine, for example, which photos and text to include in a Listing, subject to the restrictions included in Article 31 of these General Terms and Conditions. The Host also has the right to set their rates, the availability of the Accommodation, the rental conditions, the cancellation conditions, the Deposit required and the payment schedule. These conditions must be set in accordance with applicable laws and regulations at all times.
25. Payments
All payments are made via OPP's payment platform, whereby the Host is informed by e-mail of every payment, whether Deposit, Down payment or Remaining balance. Information about payments is also available to the Host in the Micazu Management Area and to the Guest in their MyMicazu Account.
The Rent, or Remaining Balance if the Guest has paid a Down Payment, must be paid no later than the arrival date as indicated in the Booking Request. The Deposit and any tourist tax owed must also be paid no later than that date. If, on the date of arrival, the full Rent, Deposit and any tourist tax have not yet been paid by the Guest via the OPP payment platform, the Guest and the Host will be notified that the Payment Request can no longer be used. The Host must then contact the Guest to agree on an alternative method of payment of the Rent or Remaining Balance, Deposit and any tourist tax. Micazu is expressly not liable for late payment of any amount owed by the Guest. However, the invoice for the commission owed to Micazu will be created on the arrival date and sent to the Host for payment through OPP's payment platform. Commission shall be paid to Micazu within one (1) day.
Hosts cannot demand a Deposit from the Guest if the arrival date as requested in the Booking Request is within two weeks of the date of (acceptance of) the Booking Request.
26. Deposit
The Host can request a Deposit from the Guest and apply their own conditions in this regard, as long as the conditions for repayment of the Deposit have been communicated transparently to the Guest. The conditions for the Deposit must in any case be included in the Listing.
The Deposit will be paid back to the Guest on the date set by the Host. The Host has the option to adjust the Deposit if the conditions applied by them allow. The Host is obliged to provide a statement of the reason(s) or justification for any adjustment made to the refunded amount of the Deposit. When the Deposit to be received by the Guest has been adjusted by the Host, the Deposit will be refunded to the Guest accordingly.
27. Payment Term
Payments by the Host must be made, unless stated otherwise, within fourteen (14) days of the invoice date, using the provided payment options (iDEAL, SEPA, VISA, MasterCard, SOFORT, Giropay, MyBank). It is not possible to pay via banktransfer. Payments must be made via the aforementioned payment methods. These payment methods can also be found here. Micazu will not charge any further fees for the use of the Website, unless the Host uses any of the Additional Services that are offered within the Micazu Management Area.
28. Statutory Interest and Collection Costs
After expiry of the payment term referred to in Article 27, the Host will be in default. From the date of default, the Host owes statutory interest on the outstanding amount if the Host is a private individual and statutory commercial interest if the Host is acting in a professional capacity. If the Host remains in default, the outstanding claim will be handed over by Micazu to a collection agency 60 days after the default date. The Host is wholly liable for any collection costs in the event of non-payment with due observance of the Extrajudicial Collection Costs Standards Act and the Decree pertaining to that Act.
If the payment is handed over to a collection agency, payment of the outstanding amount will only be made through the relevant collection agency.
In the event of liquidation, bankruptcy or suspension of payment of the Host, Micazu's claims against the Host will be immediately due and payable.
Payments made by the Host will always be deducted from all interest and costs owed in the first instance, and from the longest outstanding due and payable invoices thereafter. The Host is not entitled to delay and/or suspension.
29. Suspension
As soon as and for as long as the Host does not pay an outstanding invoice, insofar as it is due and payable, or is otherwise in default with the obligations resting on the Host as included in these General Terms and Conditions or otherwise, Micazu is entitled to fulfil its obligations and thus to implement the agreement to suspend the Host from its platform. Micazu is also entitled to temporarily take Listing(s) placed by the Host in question offline. The Host will also be denied access to the Micazu Management Area if claims by Micazu have been handed over to a collection agency, until Micazu has received written notification from the collection agency that the claims have been paid by the Host in full.
The Host's payment obligations remain in effect when Micazu exercises its right to suspend its obligations.
30. Host Agreement with Micazu and Termination
When placing a Listing on the Micazu platform, an Agreement is concluded between the Host and Micazu.
The Agreement is entered into for an indefinite period of time. The Host has the right to terminate the Agreement at any time.
Micazu is entitled to terminate the Agreement at any time if they find that the Host has not behaved in accordance with these General Terms and Conditions or if Guests complain regularly about the Host, the Accommodation and/or its services. Below are examples of such situations:
If possible, Micazu will first enter into discussions with the Host to determine whether continuation of the Agreement is possible before proceeding to terminate the Agreement. Upon termination of the Agreement, the Host will be obliged to pay any outstanding invoices within the established terms and conditions.
31. Listing and Content
Content included in Listing must relate to the Accommodation offered. Content relating to the Accommodation must be recent and must give a true picture or outline of the Accommodation. Micazu is not responsible for the Content of the Host's Listing.
Hosts are not permitted to post Content with a watermark or logo. Micazu expressly points out to the Host that the posting and use of Content is at their own risk. Content originating from third parties is often protected by copyright and possibly trademark law. The Host must therefore ensure that they have the appropriate permission from third parties when using third-party Content that is protected by copyright or a trademark. The Host is solely responsible for any unauthorised or unlawful use of Content. The Host indemnifies Micazu against any damage, the costs of conducting a defence by Micazu and also including further damage, resulting from the unauthorised or irregular use of Content, which the Host has placed or had placed on the Website.
When the Host wishes to use the Micazu Platform, the Host grants Micazu an irrevocable, worldwide, free license for an indefinite period of time to use the Content posted on the Website by the Host relating to the Accommodation offered. This licence shall also continue after termination of the Agreement between the Host and Micazu, even if the Host terminates the Agreement.
The Host remains responsible for Content posted by them at all times. The Host must ensure they keep back-ups of Content posted by them at all times.
32. Disclosure of Data
The Host shall ensure that all data, which Micazu indicates are necessary or which the Host should reasonably understand to be necessary for its services, are provided to Micazu in a timely manner. If the information required by the Agreement has not been provided to Micazu in time, Micazu reserves the right to suspend the Agreement and/or charge the Host for any additional costs resulting from the delay in accordance with its usual rates.
The Host guarantees that the information they provide to Micazu is correct and complete at all times. Micazu is not liable for any damage whatsoever with regard to information provided to it by the Host.
When an Agreement is concluded between Micazu and the Host, the Host must at all times provide a working e-mail address, which is checked by the Host frequently (weekly). The Host guarantees that the e-mail address they provide is valid and checked frequently.
Micazu will request further information from the Host if they see reason to do so. Hosts must cooperate with reasonable requests for information from Micazu about the identity of the Host and the Accommodation.
33. Account Access and Host Data
Micazu has access to the Host's account on the Website for management, configuration and helpdesk purposes. Micazu has taken relevant and appropriate security measures in this regard.
Micazu is not liable for any damage caused by third parties gaining unauthorised access (hacking) to the Host's account, nor is Micazu liable for any damage arising as a result of the Host's use of OPP's services.
The Host is responsible for their Listing, data and Content. Micazu is not liable for damage resulting from the loss of data, whether wholly or in part.
The Host is responsible for the careful storage and management of the usernames and passwords issued to them by Micazu for their account. Micazu does not accept any liability arising from the use of this data (careless or otherwise).
34. Service Messages
Hosts receive service messages from Micazu by e-mail and in the Micazu Management Area. These messages contain guidelines for Hosts for improving the Accommodation they offer, as well as for the optimal use of Micazu's services. These service messages are an inseparable part of the service purchased by the Host.
35. Rules for Placing a Listing
Micazu is primarily intended for private owners of Accommodation and small commercial organisations who want to offer Accommodation for rent on the Micazu Platform. If the User runs a commercial organisation and wishes to use the services of Micazu in that capacity, they must contact Micazu via the contact form or by sending an e-mail to [email protected].
In order to maintain the unique character of the Micazu Platform and be able to exclusively present Accommodation that has been fully described by the owner, preferably as extensively as possible and with care, we draw your attention to the following rules.
Professional, commercial or comparable rental of Accommodation or references thereto in Listings, in the Messaging Area or otherwise, which redirects Users to another company or website, with the aim of encouraging direct bookings by Guests with the Host outside the Micazu Platform is expressly prohibited.
Micazu, as an advertising platform, provides the means for Guest and Host to enter into a direct rental agreement, including the provision of a secure payment environment for both. Micazu is not a party to the formation, execution, or settlement of the rental agreement. In the event of complaints or disputes between Host and Guest, they are required at all times to seek a reasonable and amicable solution.
36. Complying with Local Laws and Regulations
Hosts shall ensure that they are aware of and comply with local laws and regulations before offering and renting out Accommodation through the Micazu Platform. Hosts indemnify Micazu for damage that occurs as a result of violation of local laws and/or regulations. Micazu reserves the right to limit the use of its services by the Host at all times or to block the Host when Micazu becomes aware that the Host is suspected of criminal or tax offences.
37. Available Languages and Translated Listings
Given the fact that Hosts themselves are responsible for the Listings placed on the Micazu platform, it is only possible for Hosts to offer an Accommodation for rent on the Micazu Platform if they are fluent in the speaking and writing of at least one of the languages in which the Micazu platform is offered. At the moment, these languages are Dutch, English and German. The languages available will be continuously expanded by Micazu.
Should Micazu come across a Listing in a language other than the languages whichthe Micazu Platform is offered in or if there is a suspicion that the Host does not master at least one of the offered languages, Micazu will place the relevant Listing(s) temporarily offline. Micazu will then contact the Host by e-mail. If the Host proves unable to correctly post and manage the Listing in one of the offered languages, the Listing will be definitively placed offline and the Agreement between Micazu and the Host will be terminated. In such cases, the Host cannot claim reimbursement of any costs and/or fees already paid.
Listings posted in one of the offered languages by Hosts are automatically translated by a computer translation programme for the use of the Micazu Platform by a User in another offered language. The translation is an automatically generated translation which may not correspond to the intent of the Listing. The Host is and remains responsible for ensuring that the Listings are correct and free of language errors at all times. The Host has the option to check the automatically generated translation and adjust it themselves if they deem necessary.
No rights can be derived from the automatically generated translation. Micazu cannot be held liable by the Host if the information in the automatically generated translation is incorrect or incomplete.
38. Other Host Responsibilities
Hosts must keep their accommodation calendar up to date at all times so that Guests can accurately view the availability of their desired accommodation. Expiration or rejection of Booking Requests by Hosts has a negative effect on the ranking of the Host’s Accommodation in the search results on the Website. In the event that a Host cancels, rejects or allows an above average number of Booking Requests to expire in Micazu's opinion, Micazu is entitled to place the Accommodation temporarily offline at their sole discretion. Micazu will then notify Host of the violation and give them an opportunity to update their calendar. Once the calendar has been updated, Micazu will redisplay the Accommodation Listing on the Website. If the Host subsequently turns out to be in violation of the above provisions regarding Booking Requests, Micazu may decide to unilaterally terminate the Agreement. In this case, the Host will not be entitled to any compensation and/or restitution of monies already paid.
Micazu ensures a timely response from Hosts to Booking Requests as much as possible and reserves the right to temporarily remove the Host concerned from the Website if they routinely do not respond to, reject or cancel Booking Requests. This is done in order to improve the quality of the Micazu platform and to avoid disappointment for further Guests.
Hosts are not permitted to display a telephone number, e-mail address, URL/link or a reference to contact details in the Message Area or in the Listing or Content. Should the Host violate this condition, Micazu will block the reference to the contact details in question. Micazu is entitled to place the Listing temporarily offline. If the Host subsequently turns out to be in violation of the above provisions, Micazu may decide to unilaterally terminate the Agreement with the Host, whereby all outstanding invoices must be paid. In this case, the Host will not be entitled to any compensation and/or restitution of monies already paid.
The use of own scripts, HTML or other programming languages in the Listing, directing internet traffic to other websites and referring to own brands, companies, other websites or internet search engines is strictly prohibited. If Micazu suffers damages as a result of the aforementioned use of the Website, such damages will be passed on to the Host. The damage of Micazu then lies in, among other things, the detection, assessment and removal of the references by its programmers. The time actually spent on this will be charged to the Host at €100 per hour (excl. VAT).
39. Reviews by Guests
Hosts receive a notification when a new review is written about their Accommodation. Hosts have the option to provide a response to the review. Within 14 days each Host has the ability to proactively publish the review online by activating it in the Micazu Management Environment.
Reporting a Review: If a Host receives a review with which they disagree, we ask them to report the review to us. When a Host reports a review, it will temporarily not be visible and Micazu will assess whether the review can or cannot be published. Instructions and guidelines for objecting to a written review can be found by Hosts in the frequently asked questions section of the Micazu Management Environment. Only reviews that meet the specified objection criteria will be considered.
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These General Terms and Conditions are subject to copyright and may not be reproduced or made public in any way – in whole or in part – by third parties without the prior written consent of Micazu B.V.