1. These general terms and conditions (the “Terms”) are applicable for the use of www.quartiersmarbella.com (the “Website”), the purchase of a membership to Quartiers’ service “Work in the Sun” (the “Membership”) and the use and contents of the Membership. The Terms constitute a legally binding agreement (the “Agreement”) between Quartiers Properties AB (publ), reg. no. 556975-7684, Strandvägen 7A, 114 56 Stockholm (“Quartiers”) and each Member. “Member” shall mean the entity purchasing the Membership. A natural person cannot purchase a Membership and can hence not become a Member. It is noted that Quartiers’ privacy policy and cookie policy available on the Website are also applicable for the use of the Website and the Membership.
    2. Quartiers and the Member are jointly referred to as the “Parties”.
    3. By accepting these Terms and purchasing the Membership, the Member warrants that the information provided through the Website is correct. In the event the information is to change, such as address, contact information and so forth, the Member undertakes to update the information provided by sending an e-mail to reception.benahavis@quartiers.se.
    4. The content and information displayed on the Website is the property of Quartiers. Downloading, reproduction, or retransmission of the information on the Website, other than for non-commercial individual use, is strictly prohibited.
    5. Quartiers reserves the right to modify the Terms in accordance with Section 8
    1. The Membership is purchased through the Website. Quartiers offers two different Memberships; the “Small Membership” and the “Large Membership”.
    2. The Small Membership entitles staying in a two-bedroom apartment (the “Apartment”) and to use the facilities and co-working space in the property on Calle Torre de Campanillas 7, 29678 Benahavis (Málaga), Spain (the “Facility”) for a total number of five (5) weeks during a period of five (5) years.
    3. The Large Membership entitles staying in an Apartment and to use the facilities and co-working space in the Facility for a total number of ten (10) weeks during a period of ten (10) years.
    4. The price of the Memberships, at any given time, is stated on the Website. The prices of the Memberships are subject to change.
    5. By purchasing a Membership, the Member is rewarded with credits (“Credits”). The Credits can be redeemed at the Facility and through the partners of Quartiers. The use of the Credits as well as the partners of Quartiers are subject to change. The Website is continuously updated with current information in this respect.
    6. The Small Membership entitles to 500 Credits and the Large Membership entitles to 1,000 Credits. One (1) Credit is equal to one (1) Euro. The Member is credited with the Credits when purchasing a Membership and the Credits are valid for use throughout the term of the Membership.
    1. The Membership entitles, for example, employees of the Member to work from the Facility and accommodate in an Apartment. Both Memberships allow a maximum number of four (4) people to stay in the Apartment and to utilize the Facility. Bookings for an Apartment is made through the Website or by e-mail to reception.benahavis@quartiers.se.
    2. Bookings can be made for the period of the 1st of October through the 31st of May each year. Booking of an Apartment is subject to availability.
    3. Bookings are made on a weekly basis. It is not possible to book individual days. The weeks can either be utilized all at once or occasionally throughout the term of the Membership.
    4. The Membership includes wifi-access and weekly housekeeping of the Apartment. Furthermore, the Apartment is equipped with a kitchen, laundry machine and items such as bed linens and towels. Breakfast is not included. Detailed information regarding the equipment of the Apartment is provided through the Website.
    5. In the event the Member requests a larger apartment than the Apartment included in the Membership or additional guests to stay in an Apartment, Quartiers will assist the Member with such booking. For a larger apartment and/or additional guests, an additional fee will be charged in accordance with the price list applicable at the time of the request. Bookings are made by e-mail to reception.benahavis@quartiers.se.
    6. The Member is responsible for the Apartment being left in the condition it was when the Member’s employees, or other people using the Apartment, arrived. The Member is responsible for the actions and omissions of the people using the Apartment and the Facility. In the event the Apartment or Facility is damaged, Quartiers is entitled to damages from the Member.
    1. Payment of the Membership is to be made through the payment services of Paypal or Stripe. In addition to these Terms, the terms and conditions of the payment service provider shall apply.
    2. In addition to the payment options in Section 1, payment can be made through bank transfer.
    3. In the event of late payment, Quartiers is entitled to interest in accordance with the Swedish Interest Act (Swe: Räntelag (1975:635)). Furthermore, Quartiers may, in the event of late payment, terminate the Agreement in accordance with Section 3.
    1. The purchase of a Membership cannot be cancelled.
    2. The Member is responsible for the booking of an Apartment. In the event the Member wishes to rebook a week, the Member may do so for an additional charge in accordance with the price list applicable at the time of the rebooking. The Member may also cancel a booking. Rebooking or cancellation of an Apartment booking must be made at least thirty (30) days prior to check-in.
    3. In the event cancellation is not made in accordance with Section 2, the booked Apartment week is considered utilized and may not be used again.
    1. Quartiers may, at any given time, repurchase the remaining weeks of the Membership of the Member. Quartiers is however not entitled to repurchase weeks which have been booked but not yet utilizes, unless the booking is made more than twenty-four (24) weeks in advance.
    2. The price for repurchase shall correspond to the initial price of the purchased Membership, calculated pro rata on the number of weeks remaining of the Membership (the “Pro Rata Amount”) plus an addition of twenty (20) percent of the Pro Rata Amount.
    1. In the event Quartiers is liable for damages to the Member, Quartiers’ liability shall be limited to an amount corresponding to the price of the Membership. Quartiers’ liability does not in any event include damages for loss of profit or any other indirect damages. Furthermore, Quartiers is not liable for the Member’s liability towards a third party.
    1. Quartiers reserves the right to modify these Terms at any time in accordance with this Section 8.1. If changes are made to the Terms, Quartiers will post the revised Terms on the Website. Quartiers shall also provide the Member with notice of the modification by e-mail at least thirty (30) days before the date the modified version of the Terms becomes effective.
    2. If the Terms are modified in accordance with Section 1, the Member has the right to terminate the Agreement. Termination shall be made by written notice, at the latest, five (5) work days before the revised Terms become effective. If the Member does not terminate the Agreement in due time, the Member shall be bound by the modified version of the Terms.
    3. If the Member terminates the Agreement due to modification of the Terms, the remaining weeks to be used of the Membership shall be repurchased by Quartiers in accordance with Section 6. If the Member has booked an Apartment but has not yet used the Apartment, such booking shall be deemed cancelled and be repaid as well.
    1. Quartiers, and/or Quartiers’ licensors, holds all copyright, trademarks and any other form of intellectual property commonly recognized as such anywhere in the world related to the Website, the Facility and the Membership.
    1. A Party shall be relieved from liability for a failure to perform its obligations under this Agreement during such period, and to the extent that the due performance thereof by the Party is prevented by reason of any circumstance beyond the control of the Party, which could not reasonably have been foreseen by the Party prior to entering into this Agreement, such as war, civil war, fire, flood, general energy supply, or other circumstances of similar importance.
    2. The time for performance of the relevant obligations of a Party shall be appropriately extended by the period during which the circumstance in accordance with the first paragraph shall have continued, provided, however, that if performance of a contractual obligation is prevented by such a circumstance for a period of three (3) months or more, each Party shall be entitled to immediately terminate this Agreement.
    3. For the avoidance of doubt, the Member shall not be relieved from liability to perform its obligations in accordance with this Section 10 due to cancellations or delays of flights to the Facility or similar circumstances.
    1. This Agreement shall enter into force by the Member’s purchase of the Membership together with the acceptance of the Terms and shall remain in force for the period of the Membership. Consequently, for the Small Membership the Agreement remains in force for five (5) years and for the Large Membership the Agreement remains in force for ten (10) years.
    2. In the event Quartiers repurchases the remaining weeks of a Membership in accordance with Section 6, the term of the Agreement shall be automatically terminated at the time of Quartiers’ payment for the remaining weeks.
    3. Notwithstanding the foregoing, either Party may terminate this Agreement with immediate effect if the other Party:
      1. materially breaches its obligations under this Agreement and has failed to remedy the breach within thirty (30) days after written notice to it from the first Party with reference to this Section; or
      2. is placed into bankruptcy, commences composition proceedings, or is otherwise deemed insolvent.
    1. Quartiers may assign this Agreement or any of its rights or obligations hereunder to any other party without the consent of the Member.
    2. The Member may not assign, pledge or otherwise encumber this Agreement or any of its rights or obligations under this Agreement without the prior written consent of Quartiers.
    1. This Agreement shall be governed by and construed in accordance with the laws of Sweden without regard to its principles of conflict of laws.
    2. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless both Parties agree differently.
    3. The Parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the prior consent of the other Party. However, this confidentiality undertaking shall not apply to the extent that a Party is required to make a disclosure of information by law or by any applicable stock exchange regulations or the regulations of any recognised market place.
    4. Notwithstanding the above, Quartiers shall always be entitled to apply for an order to pay through the Swedish Enforcement Authority.