Welcome to the SanTelmoLoft.com platform, a service of 10Lofts, Inc., a Wyoming corporation (hereafter referred to as “San Telmo Loft”, “we”, “us”, or “our”). We provide an online platform (the “Site”) to assist renters in gathering vacation rental travel information, connecting them with hosts who have lodgings to rent, making the rental inquiries, rental reservations, and facilitating the payment transactions for such rental reservations (collectively, the “Services”). These Services are available at www.santelmoloft.com and any other sites through which we make the Services available.
By using our Site in any manner, you are representing that you have read, and that you understand and agree to accept and to be legally bound by our terms and conditions of use (“Terms”). These Terms dictate your access to and use of our Site and Services, and constitute a legal binding agreement between you and San Telmo Loft. Please return to this Terms page regularly to study the most recent version of the Terms. We reserve the right at any time, at our exclusive decision, to change or otherwise modify the Terms without prior notice, and your continued access or use of this Site represents your acceptance of the updated or modified Terms. If you do not concur with these Terms, you have no license to get information from or otherwise continue using the Site. Failure to use the Site in compliance with these Terms may subject you to civil and criminal penalties.
By accessing the Site you declare and affirm that you are 18 years old or older.
The Site and Services constitute an online platform through which “Hosts” (a party who has placed a notice for lodgings as available for rental through the Site), can connect with “Renters” (a party who requests from a Host a booking of lodging through the Site).
You understand and agree that San Telmo Loft is not a party to any agreement entered into between Hosts and Renters, nor is San Telmo Loft an owner or manager of properties including, but not limited to, hotel rooms, motel rooms, or other lodgings, nor do we rent, re-rent, sell, resell or provide properties, nor are we a real estate broker or agent nor can we contract for any listing on the Site.
San Telmo Loft has no control over the conduct of Hosts, Renters and other users of the Site, services or any lodging, quality, accuracy of the notice content, condition, safety or legality of the properties advertised, and disclaims all liability in this regard to the maximum extent permitted by law. Renters making any bookings do so at their own risk.
San Telmo Loft does not examine the legality, accuracy or completeness of notices published on the Site.
San Telmo Loft suggests that Hosts obtain pertinent insurance for their properties.
Hosts are responsible for following zoning and municipal codes, laws, rules and regulations including but not limited to having the proper permits, licenses, paying any taxes, and complying with safety regulations in their respective cities. Some municipalities have laws that prohibit accepting Renters for brief amounts of time. Hosts should study their local laws before posting a notice on the Site.
Hosts acknowledge that they are entirely responsible for ascertaining and paying their applicable sales taxes, occupancy taxes, goods and services taxes (GST), value added taxes (VAT), or other taxes. Hosts agree to indemnify and keep San Telmo Loft indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of errors in the Host’s tax calculations or failure to account and/or pay applicable taxes.
Hosts designate San Telmo Loft as the limited sanctioned collection payment agent only for the function of accepting remittances made by Renters on the Host’s behalf and confirm that remittances made by Renters to us shall be considered the same as remittances made right to the Host. However, San Telmo Loft is not a party to the rental transaction and we are not responsible for guaranteeing remittances to Hosts for amounts that have not been collected from Renters. We also are not responsible for chargebacks, cancellations, refunds or any disputes between Hosts and Renters.
San Telmo Loft will accept the remittances from the Renter at the time the Host accepts the Renter’s booking request. San Telmo Loft will make payment of the remitted fees, less San Telmo Loft’s retained fees, at the end of the month that the reservation concludes.
Hosts agree to make the lodging available to the Renter in the agreed upon way as if the Host had directly collected the Fees. In respect to such designation, San Telmo Loft assumes no liability for any doings or omissions by Hosts or Renters.
The Hosts are exclusively responsible for upholding any confirmed bookings and making available any lodgings reserved through the Site. Renters who decide to enter into an agreement with a Host for the booking of lodgings, consent and understand that they will be obligated to accept any terms, conditions, rules and restrictions for such lodging instituted by the Host.
Renters will be asked to give billing and credit card information either to San Telmo Loft or its third-party payment processor. Renters agree to pay San Telmo Loft for their acknowledged bookings. Renters hereby give authority for the collection of such sums by charging the credit card they have provided, either directly by San Telmo Loft or indirectly, via a third-party payment processor. Renters also approve for San Telmo Loft to charge their credit card in the event of damage they have caused at a lodging.
Hosts agree that San Telmo Loft may, in line with the cancellation policy of the relevant notice, permit the Renter to cancel the booking and refund to the Renter the part of the fees detailed in such cancellation policy.
Renters are obligated to leave the lodging in the manner it was in when they checked-in. Renters are responsible for their own doings and are responsible for the doings of any individuals whom they invite to, or in any way give admittance to, the lodging. The Renter agrees to pay the cost of replacing any damaged items with comparable items. The Renter will have seventy-two (72) hours to respond, after being advised of the claim. Afterwards, the payment will be charged to and taken from the Renter’s credit card on file for the rental. Additionally, San Telmo Loft reserves the right, in it’s exclusive discretion to make a claim under the Renter’s homeowner’s, renter’s or other insurance policy related to the damage that the Renter may have caused or been responsible for.
By accessing the Site, you confirm that any legal redress that you look to secure for doings or omissions of other Hosts or Renters or other third parties will be restricted to a claim against the individual Host or Renters or other third parties who caused your loss. You confirm that you will not try to place liability or seek any legal remedy from San Telmo Loft with respect to such doings or omissions. This restriction shall not extend to any petition by a Host against San Telmo Loft with respect to the payment of remittances received from a Renter by San Telmo Loft on behalf of a Host.
You agree to release, waive and forever discharge San Telmo Loft, 10Lofts, Inc. and any affiliated companies, and their respective, directors, officers, agents, employees, and all other related persons or entities from any and all manner of causes of action, proceedings, liabilities, claims, grievances, demands, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter happen from, or related to, or are associated with your use of the Site.
Not withstanding the above limitations, should San Telmo Loft or affiliates be found liable for anything, the liabilities will in no event be more than the transaction fees assessed by San Telmo Loft for your transaction on the Site.
You agree to indemnify and defend San Telmo Loft, 10Lofts, Inc., and any affiliated companies, and their respective, directors, officers, agents, employees, and all other related persons or entities from and against any claims, demands, causes of action, recoveries, damages, losses, penalties, fines, and any other costs or expenses of any kind or nature including but not limited to legal costs, as a result of your breach of the Terms or the violation of any law or the rights of a third party.
This agreement is governed by the laws of the state of Wyoming, USA. You hereby consent to the exclusive jurisdiction and venue of the courts in Laramie County, Wyoming, USA, in all disputes arising out of or pertaining to the use of this Site. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
No joint venture, partnership, or employment relationship exists between you and San Telmo Loft.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.
Any rights not expressly granted herein are reserved.