Thank you for using Agramonia!
These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and Agramonia that govern your right to use the websites, applications, and other offerings from Agramonia (collectively, the “Agramonia Platform”). When used in these Terms, “Agramonia” “we,” “us,” or “our” refers to Agramonia – ABF S.R.L. whom you are contracting.
The Agramonia Platform offers an online venue that enables users (“Members”) to search for book services or to offer services. Members who publish and offer services are “Providers” and Members who use services are “Tourists.” Providers offer accommodations (“Accommodations”), activities, products, excursions, and events (“Experiences”), and a variety of travel and other services (collectively, “Provider Services,” and each Provider Service offering, a “Listing”). Some Providers are working as tourist guides, local managers and are intermediaries (“Intermediaries”) on our platform. They are helping other providers to integrate and administrate listings. You must register an account to access and use many features of the Agramonia Platform and must keep your account information accurate. As the owner of the Agramonia Platform, Agramonia – ABF does not own, control, offer or manage any Listings, Provider Services, or tourism services. Agramonia is not a party to the contracts entered into directly between Providers and Guests, nor is Agramonia a real estate broker, travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. Agramonia is not acting as an agent in any capacity for any Member.
BY USING THIS WEBSITE AS A SERVICE (“SERVICE”), YOU DE-FACTO ARE LEGALLY BOUND BY THE FOLLOWING AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICE AND CONTACT THE COMPANY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, USING THE SERVICE INDICATES YOUR ACCEPTANCE OF THE TERMS OF THE AGREEMENT.
Our mission is it to get people out of urban areas in touch with rural communities and help them organizing their trip, as well as to help rural communities to organize and administrate agritouristic offers. With the Agramonia project we want to set impulses and strengthen the rural area in the long term and put new undiscovered places on the tourist map.
Providing on Agramonia.
2.1 Provider. As a Provider, Agramonia offers you the right to use the Agramonia Platform to share your Accommodation, Experience, or other Services or products with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you Provider - set your price, availability, and rules for each Listing.
2.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Agramonia Platform, you are entering into a contract directly with the Tourist and are responsible for delivering the Service or Product under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Agramonia’s service fee (and applicable taxes) for each booking. Agramonia Payments will take an amount you owe from the tourist when making the reservation unless we and you agree to a different method.
2.3 Independence of Providers. Your relationship with Agramonia is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Agramonia, except that sometimes our payment integration acts as a payment collection agent as described in the Payments Terms. Agramonia does not direct or control your Offer and you understand that you have complete discretion whether and when to provide Services and at what price and on what terms to offer them.
Managing Your Listing.
3.1 Creating and Managing Your Listing. The Agramonia Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Provider Service, your price, other charges like cleaning fees and any rules or requirements that apply to your Tourists or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Provider Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Service but may have multiple Listings for a single Profile if it has multiple Services.
3.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Provider Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some jurisdictions require Providers to register, get a permit, or obtain a license before providing certain Provider Services. In some places, the Provider Services you want to offer may be prohibited altogether. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Providers. Check your local rules to learn what rules apply to the Provider Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Provider Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
3.3 Search Ranking. The ranking of Listings in search results on the Agramonia Platform depends on a variety of factors, including these main parameters:
(i) Guest search parameters (e.g., number of guests, time and duration of the trip, price range), (ii) Listing characteristics (e.g., price, calendar availability, number and quality of images, reviews, type of provider service, provider status, age of the listing, average guest popularity), (iii) Guest booking experience (e.g., customer service and cancellation history of the provider, ease of booking), (iv) Provider requirements (e.g., minimum or maximum nights, booking cut-off time), and (v) Guest preferences (e.g., previous trips, saved listings, location from where the guest is searching).
Search results may appear different on our mobile application than they appear on our website. Agramonia may allow Providers to promote their Listings in search or elsewhere on the Agramonia Platform by paying an additional fee.
3.4 Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Provider Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Agramonia Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Agramonia Platform in violation of our Policies.
Cancellations, Travel Issues, and Booking Modifications.
4.1 Cancellations and Travel Issues. In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a Provider, you should not cancel on a Tourist without a valid reason under our policies or applicable law. You agree that Agramonia’s Guest Refund Policy, any problems or cancellations of bookings may change your appearance on the Agramonia platform.
4.2 Booking Modifications. Providers and Tourists are responsible for any Booking Modifications they agree to make via the Agramonia Platform or direct Agramonia customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
Your obligations as an intermediary on Agramonia
5.1 Become an Intermediary. There are different ways to become an intermediary, when you already have a profile, we might propose it based on the Guest booking experience and the quality of your listings. It’s also possible to become an intermediary from the beginning, therefore you must fill out a form and apply as a tourist guide on our platform, we will then check your application and eventually give you the permission to start as a tourist guide on Agramonia.
5.1 Obligations as an Intermediary. As an intermediary you must respect all the obligations you would also have as a normal provider (“Providing on Agramonia”). When you connected with a farmer you must assist in the creation and management of his listings. You are also part of the administration of the connected providers bookings and our and the tourist’s contact person in case of any problems.
5.1 Earning money as an Intermediary. As an intermediary you will get the service fee the tourist is paying when making a booking. When the booking gets cancelled the provider is getting the service fee back, and the payment will be marked as cancelled on your balance. You can always ask us for a payout, and we will send you the money during three working days. You can always access your balance through the profile of your account on our platform. You are charged with the half of the service fee; we will withhold the fee from the payout.
6.1 Provider Taxes. As a Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes ("Taxes").
6.2 Collection and Remittance by Agramonia. In jurisdictions where Agramonia facilitates the collection and/or remittance of Taxes on behalf of Providers, you instruct and authorize Agramonia to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Agramonia are identified to Members on their transaction records, as applicable. Agramonia may seek additional amounts from Providers (including by deducting such amounts from future payouts) if the Taxes collected and/or remitted are insufficient to fully discharge that Providers’ tax obligations, and you agree that your sole remedy for Taxes collected by Agramonia is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
6.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Agramonia may issue on your behalf invoices or similar documentation for VAT, GST, consumption, or other Taxes for your Provider Services to facilitate accurate tax reporting by our Tourists.
After each Provider Service, Tourists will have an opportunity to review the service. The Review should be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our community rules. Reviews are not verified by Agramonia for accuracy and may be incorrect or misleading.
Agramonia Platform Rules.
9.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
(i) Act with integrity and treat others with respect. (ii) Do not lie, misrepresent something or someone, or pretend to be someone else. (iii) Be polite and respectful when you communicate or interact with others. (iv) Do not discriminate against or harass others. (v) Do not scrape, hack, reverse engineer, compromise or impair the Agramonia Platform. (vi) Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Agramonia Platform. (vii) Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Agramonia Platform or Content. (viii) Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Agramonia Platform. (ix) Do not take any action that could damage or adversely affect the performance or proper functioning of the Agramonia Platform. (x) Only use the Agramonia Platform as authorized by these Terms or another agreement with us. (xi) You may only use another Member’s personal information as necessary to facilitate a transaction using the Agramonia Platform as authorized by these Terms. (xii) You may use Content made available through the Agramonia Platform solely as necessary to enable your use of the Agramonia Platform as a Tourist or Provider. (xiii) Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us. (xiv) Do not request, make or accept a booking or any payment outside of the Agramonia Platform to avoid paying fees, taxes or for any other reason. (xv) Do not require or encourage Tourists to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by Agramonia. (xvi) Do not engage in any practices that are intended to manipulate our search algorithm. (xvii) Do not book Provider Services unless you are actually using the Provider Services. (xviii) Do not use, copy, display, mirror or frame the Agramonia Platform, any Content, any Agramonia branding, or any page layout or design without our consent. (xix) Honor your legal obligations. Understand and follow the laws that apply to you, including privacy, data protection, and export laws. (xx) Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation. (xxi) Do not use the name, logo, branding, or trademarks of Agramonia or others without permission. (xxii) Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with Agramonia branding. (xxiii) Do not offer Provider Services that violate the laws or agreements that apply to you.
9.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Agramonia. In addition, if you believe that a Member, Listing or Content has violated our standards, you should report your concerns to Agramonia. If you reported an issue to local authorities, Agramonia may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
9.3 Copyright Notifications. If you believe that Content on the Agramonia Platform infringes copyrights, please notify us in accordance with our copyright.
Termination, Suspension, and other Measures.
10.1 Term. The agreement between you and Agramonia reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
10.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Agramonia may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Agramonia may also terminate this agreement immediately and without prior notice and stop providing access to the Agramonia Platform if (i) you materially breach these Terms (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Agramonia, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years.
10.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or Agramonia otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Agramonia, its Members, or third parties, Agramonia may:
i) Suspend or limit your access to or use of the Agramonia Platform and/or your account. (ii) Suspend or remove Listings, Reviews, or other Content. (iii) Cancel pending or confirmed bookings. (iv) Suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Agramonia and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
10.4 Legal Mandates. Agramonia may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body.
10.5 Effect of Termination. If you are a Provider and terminate your Agramonia account, any confirmed booking(s) will be automatically cancelled, and your Tourists will receive a full refund. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Agramonia Platform has been limited, or your Agramonia account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Agramonia Platform through an account of another Member.
Modification of these Terms.
When we propose changes to these Terms, we will post the revised Terms on the Agramonia Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Agramonia, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Agramonia Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
Resolving Complaints and Damage Claims.
If a Member provides valid evidence that you, your Guest(s), or your pet(s) culpably damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Agramonia and/or seek compensation. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Agramonia and Agramonia determines under consideration of any applicable statutory rules on the burden of proof that the Damage Claim is valid and you are responsible for the Damage Claim, Agramonia can collect the amount of the Damage Claim from you. Agramonia may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Agramonia requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Provider Services.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Provider Services. When Members make or accept a booking, they are entering into a contract directly with each other. Agramonia is not and does not become a party to or other participant in any contractual relationship between Members. Agramonia is not acting as an agent for any Member except for where Agramonia Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using Agramonia, we do not and cannot control the conduct or performance of Tourists and Providers and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Provider Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that Agramonia has no general obligation to monitor the use of the Agramonia Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Agramonia Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. Members agree to cooperate with and assist Agramonia in good faith, and to provide Agramonia with such information and take such actions as may be reasonably requested by Agramonia with respect to any investigation undertaken by Agramonia regarding the use or abuse of the Agramonia Platform.
You must register an account to access and use many features of the Agramonia Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Agramonia Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Agramonia if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Agramonia Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or their local equivalents.
Agramonia is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents Agramonia’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Agramonia in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Agramonia is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at Agramonia’s option), indemnify, and hold Agramonia harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) (ii) your improper use of the Agramonia Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Provider Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
Applicable law and Jurisdiction.
These Terms are governed by and construed in accordance with Romanian law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Romanian law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Agramonia's place of business in Romania. If Agramonia wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Romanian courts.
19.1 Interpreting these Terms. These Terms constitute the entire agreement between Agramonia and you pertaining to your access to or use of the Agramonia Platform and supersede any and all prior oral or written understandings or agreements between Agramonia and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Agramonia. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
19.2 No Waiver. Agramonia’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
19.3 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Agramonia's prior written consent. Agramonia may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time.
19.4 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Agramonia via email, Agramonia Platform notification, messaging service (including SMS), or any other contact method we enable you to provide.
19.5 Third-Party Services. The Agramonia Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Agramonia is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
19.6 Google Terms. Some translations on the Agramonia Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Agramonia Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
19.7 Agramonia Platform Content. Content made available through the Agramonia Platform may be protected by copyright, trademark, and/or other laws of Romania and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Agramonia and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Agramonia Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Agramonia grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Applications on your personal device(s); and (ii) access and view the Content made available on or through the Agramonia Platform and accessible to you, solely for your personal and non-commercial use.
19.8 Force Majeure. Agramonia shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
19.9 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Agramonia account. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Agramonia Account.
19.10 Contact Us. If you have any questions about these Terms, please email us.