Terms of Use

Artemys Terms & Conditions

Welcome to the Artemys Terms & Conditions of Use for the Site (as defined below). Your use of the Site is subject to these terms and conditions along with any specific terms and conditions set forth on the individual pages within or parts of the Site (collectively, the “Terms & Conditions”) and all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights. Your submission of information on the Site is subject to Artemys’s privacy policies (available at privacy.artemys-holding.com), which are hereby incorporated into these Terms & Conditions. The term “Site” refers to artemys-holding.com and any other website, app or platform owned, operated, or licensed by Artemys that displays these Terms & Conditions (or a link to them). The Site may include websites, mobile websites, and other Internet-enabled or wireless means by which we make content available to you or receive content from you, including, without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile and tablet applications, content and blog submission services, chat rooms, and message boards). The Site offers information on properties managed, franchised, owned, licensed, or developed by Artemys as well as information about third-party relationships that Artemys has or that are part of the World of Artemys loyalty program. As used throughout the Site, including these Terms & Conditions, the terms “Artemys,” “the Company,” “our,” “we,” “us,” and other similar terms refer to Artemys Apartments SL, or one or more of their direct or indirect subsidiaries or affiliates. These terms are used for convenience only and are not intended as a precise designation of any one particular entity. PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY ACCESSING THE SITE (AND/OR DOWNLOADING OR USING A MOBILE APPLICATION OFFERED BY ARTEMYS), YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Site at any time without notice other than by posting amended terms to the Site. Your continued use of the Site means that you accept and agree to the revised Terms & Conditions. If you do not accept these Terms & Conditions (as amended from time to time), please exit the Site immediately. -

Use of Cookies

PLEASE NOTE: The Site may use various types of cookies and related technologies to provide certain functionality on the Site. General information about cookies and related technologies and how they work is available at allaboutcookies.org. For further information on Artemys's use of cookies, please refer to Artemys's privacy policies (available at privacy.artemys-holding.com).

Location Based Services

Certain Sites may include providing you with content based on your location, including providing you with directions within, near, or to a Artemys facility, sending you special offers or offering you suggestions of activities, services or promotions.

Use of the Site

General

You may only use the Site if you are at least eighteen (18) years of age and can form legally binding contracts under applicable law. The Site is not intended for and should not be used by minors. If you are under the age of eighteen (18) or unable to form legally binding contracts under applicable law, you may contact a facility directly for assistance. Please note that additional terms and conditions may apply to reservations, purchases, transactions, uses, or activities that may occur on or through the Site. You agree to comply with these Terms & Conditions and any other applicable additional terms and conditions disclosed on the Site or in connection with your use of the Site. You agree by using this Site that you are responsible for using the most current version made available by Artemys and that Artemys is not responsible for any issues arising due to your use of anything other than the most current version of this Site.

Accounts / Passwords / Responsibility

You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by anyone using your account information.

Credit Card Information

The storage of credit card information on the Site (if available) is entirely optional. Saving credit card information may help expedite your reservation process in the future and/or allow you to use certain parts of or features in the Site. You will be solely responsible for updating any credit card information that you provide. You acknowledge that Artemys may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilize that provide Artemys with your account information or your credentials or if you have established a link with such devices.

Artemys’s Right to Cancel / Errors / Mistakes

The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including, without limitation, rates, fees, stay details, or availability applicable to your transaction. Artemys assumes no responsibility or liability for such errors, inaccuracies, or omissions. Artemys shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. Artemys shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.

Promotional Information

The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions and if booked via the Site, these Terms & Conditions. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. Artemys reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.

Prohibited Uses

Any commercial use of the Site is expressly prohibited unless you have obtained prior written consent from Artemys. You may not use the Site to post or transmit any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere with or disrupt the Site, (b) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor, scrape, or copy the Site, or any information contained therein, without Artemys’s prior express written consent, (d) use any device, software, or other instrument to monitor, copy, disrupt, alter, destroy, impair, restrict, tamper, interfere with, or attempt to interfere with the Site, its content, or its operation without Artemys’s prior express written consent, or (e) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, systems or the Site.

Reservations

You may only make reservations for yourself and your invited guests or for an individual for whom you are authorized in advance to act. In the event of a change in the number, age, or other details of guests you provide when making a reservation, you may be responsible for additional charges. You may not make reservations for any other purpose, including without limitation for purposes of reselling rooms, reservations or other benefits, posting, marketing, advertising, or otherwise distributing rooms, reservations, benefits, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, making reservations for purposes of reselling rooms, or in an attempt to circumvent Artemys or facility practices, policies, terms or conditions. You may not use this Site to make reservations related to any commercial activity (unless specifically permitted by the facility) or any unlawful activity. Reservations made, sold or transferred in violation of these Terms & Conditions may be cancelled without advance notice in Artemys’s or a facility’s sole discretion. Certain rates are offered only to members of a designated group, such as World of Artemys members or other qualified groups. Additionally, at certain times or on certain dates, reservations at a facility may require a minimum length of stay, and that may affect whether a facility appears to have availability. Facilities are only obligated to honor such rates for qualifying individuals or stays. It is up to you to verify that you qualify for the rate that you have booked. You may be required to establish that you qualify either at the time of reservation or check-in. If you cannot establish that you qualify, Artemys reserves the right for Artemys and/or the applicable facility reserve the right in its sole discretion to cancel your reservation and/or charge the publicly available rate for your stay.

Cancellation Policy

All reservations are subject to the cancellation policy of the facility where the stay will occur. Please review the applicable cancellation policy during the reservation process. Payment / Deposit All reservations must be guaranteed with a valid major credit card, or an alternative facility-approved form of payment, such as an advance deposit. Except for when making a reservation for a prepaid rate, you will be charged during your stay rather than at the time of making a reservation. In some situations a facility may require a deposit, in which case the deposit requirement and amount will be disclosed at the time of making the reservation. You may also be charged as disclosed in the facility’s cancellation policy.

No Arrangements for Prohibited Persons

The United States Department of Treasury maintains and publishes lists of “prohibited persons” who are government officials, residents of certain embargoed countries, terrorists or drug traffickers (“Sanctions”). There are limits on Artemys’s ability to provide services to those prohibited persons pursuant to the Sanctions. You agree you are not a prohibited person and you agree not to make arrangements for any such prohibited persons to stay at, use or tour any Artemys location, unless such prohibitions do not apply to the location, pursuant to a license, permit, or exclusion under the Sanctions.

Currency

If you choose to display a rate on the Site in a currency other than the Facility Currency or ask for the rate in a different currency through a Global Contact Center, the Facility Currency rate is converted for comparison purposes only using a regularly updated exchange rate. Except as noted below, guests are charged in the Facility Currency. For clarity, the Facility Currency is identified on the Site. Certain facilities operate in a currency other than the Facility Currency. Those facilities convert the Facility Currency rate to such other currency, using the facility’s exchange rate, at the time you are charged. For example, a facility may show a Facility Currency on the Site of U.S. Dollars even though the facility may operate in Mexican Pesos. In such a situation, the facility would convert the applicable amount from U.S. Dollars to Mexican Pesos using the facility’s exchange rate, and you would be charged the Mexican Pesos amount. Please contact us or the applicable facility for additional information regarding currencies and exchange rates used at facilities.

Privacy & Confidentiality

Your submission of information on the Site to make a reservation or utilize any other services made available to you on the Site is subject to Artemys's privacy policies (available at privacy.artemys-holding.com). Any communications such as searches, questions, comments, suggestions, chats, requests and similar communications submitted by you to Artemys are not confidential communications, and Artemys shall be free to use, reproduce, publish, distribute, and disclose such communications. Artemys is under no obligation to protect such communications from disclosure. Artemys may use, reproduce, publish, distribute, and disclose such communications to others without limitation and without any obligations to you. Artemys is also free to use for any purpose whatsoever any ideas, concepts, content, techniques, or know-how in such communications without limitation and without any obligations to you. To the extent you own any intellectual property rights in such ideas, concepts, content, techniques, or know-how, by submitting them to Artemys, you grant Artemys a royalty-free, irrevocable license to use such any such idea, concept, content, techniques, or know-how.

Browsing Habits

The Site may tailor information, offers, and other content based on your browsing habits, your geographic location and other factors.

Links

The Site may contain links to other web sites on the Internet and certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. We provide these links solely as a convenience to you. The inclusion of these links in no way indicates Artemys’s endorsement, support, or approval of such sites, such site’s content, products, or services, or the operators of any such site. We undertake no obligation to review or monitor any sites linked to or from the Site. Your use of any such site is at your own risk and subject to the terms and conditions of such sites. We are not responsible for the content, products, services, or practices of third-party sites. In addition, you agree not to link your site or any other third-party site to the Sites without Artemys’s express prior written consent.

Miscommunications / Lost Transactions

Artemys is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Site. Artemys is not responsible for any incorrect information associated with any transaction or transmission on or to the Site regardless of whether such incident is the result of user error, system error, or human error.

Availability

The Site is available to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances. The Site contains information on Artemys’s worldwide products and services, not all of which are available in every location. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location at the time you are there. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

Intellectual Property General / Ownership

Unless expressly stated otherwise, the content included on the Site, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of Artemys or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a conventional Internet browser, app, or other platform or device for a particular Site to conduct ordinary Internet or other browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Artemys’s written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Site (or any part of its content) is strictly prohibited.

Unless otherwise noted, all content on the Site is the copyrighted property of Artemys or its affiliates or licensors. All content of the Site is protected by United States and European Union copyright laws as well as the applicable laws of other jurisdictions. Notice and Procedures for Making Claims of Copyright Infringement Artemys respects the intellectual property rights of third parties. Artemys responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not Artemys believes that it is liable for any copyright infringement for which we are provided notice, Artemys’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Artemys’s sole discretion and operating within the parameters of the DMCA. If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact:

Artemys Apartments SL

Attn: Copyright Agent, Legal Department

Carrer Casp 21, 3-1

08010 Barcelona

Spain

contact@artemys-holding.com

with the following information:

• Your name, address, telephone number and email address;

• A description of the copyrighted work that you claim has been infringed;

• A description of the allegedly infringing material and where it is located on the Site;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;

• A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and

• Your written or electronic signature attesting to the above.

If your content has been removed from the Site in response to Artemys’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting Artemys at:

Artemys Apartments SL

Attn: Copyright Agent, Legal Department

Carrer Casp 21, 3-1

08010 Barcelona Spain

contact@artemys-holding.com

with the following information:

• Your name, address, telephone number and email address;

• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Artemys would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;

• A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

• A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

• Your written or electronic signature attesting to the above.

- General Legal Terms

Right to Restrict Access

In addition to any other rights or remedies that may be available to Artemys, Artemys may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of the Site at any time and without notice.

Warranty Disclaimer

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS & CONDITIONS. Limitation of Liability NEITHER ARTEMYS NOR ANY ARTEMYS PARENT NOR ANY ARTEMYS SUBSIDIARY, DIVISION, AFFILIATE, AGENT, REPRESENTATIVE, HOTEL OWNER, LICENSOR, OR LICENSEE SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ARTEMYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARTEMYS’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST ARTEMYS, ITS PARENT, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, HOTEL OWNERS, LICENSORS, AND LICENSEES ARISING OUT OF YOUR USE OF THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS ON THE SITE.

Jurisdiction / Governing Law / Choice of Forum

The Site is controlled and operated by Artemys from its offices within the region of Catalunya, Spain. Artemys makes no representation that the content or materials on the Site are appropriate or available for use in other locations. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of the Site shall be governed in all respects by and construed and enforced in accordance with the laws of the Catalunya, Spain, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in Barcelona, the capital of Catalunya, Spain. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action and waive any claim that such courts are an inconvenient forum.

Severability

If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect. No Waiver Artemys’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.

Forward Looking Statements

Certain statements and assumptions in the Site contain or are based upon “forward-looking” statements or information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. In some cases, you can identify forward-looking statements by the use of words such as “may,” “could,” “expect,” “intend,” “plan,” “seek,” “anticipate,” “believe,” “estimate,” “predict,” “potential,” “continue,” “likely,” “will,” “would,” and variations of these terms and similar expressions, or the negative of these terms or similar expressions. Such statements are necessarily based upon estimates and subject to numerous assumptions and uncertainties as described in our Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q and other SEC filings which could harm our business, financial condition, results of operations, or cash flows or cause our actual financial results or performance to differ materially from those expressed in or implied by the statements and information contained in the Site. Forward-looking statements included in the Site are made only as of the date of their initial publication, and we caution you not to place undue reliance on any forward-looking statement. We do not undertake or assume any obligation to update publicly any forward-looking statement to reflect actual results, new information or future events, changes in assumptions, or changes in other factors affecting forward-looking statements, except to the extent required by applicable law. If we update one or more forward-looking statements, no inference should be drawn that we will make additional updates with respect to those or other forward-looking statements.

- Contact

If you have any questions or concerns regarding the Site, please contact us at contact@artemys-holding.com.

As noted in the Privacy & Confidentiality section above, any communication or material transmitted to us via the Site or Internet e-mail is transmitted on a non-confidential basis.