Terms & Conditions for Partners

Terms & Conditions for Partners

We are Studio Franello registered in Croatia under company number 86774964922 whose registered address is Banjol 200, 51280 Rab, Croatia (“Company”). We facilitate the purchase of the Apostollo membership, which provides travelers with access to discounts and benefits at Apostollo’s network of partners. Travelers can book accommodations at a reduced rate or use discounts and benefits in restaurants, bars, tour operators, etc. 

These Terms apply to you if you are a business or individual who provides accommodation services, restaurants, bars, tours, etc. to customers who purchase the Apostollo membership, and for the purposes of these Terms you will be deemed the “Provider”.

Each of the Company and the Provider being a “Party” and jointly “the Parties”.

  1. DEFINITIONS
    1.  In these Terms, the following definitions apply unless the context requires otherwise:

Business Service is an umbrella term covering any service and discounts and benefits Providers offer to owners of Apostollo membership. This can be accommodation service, restaurants service, bar service, cafe service, tour guides, fitness trainers, etc.;

Guests means individuals who have made Reservations using their Apostollo membership, or used any other Business Service Providers offer;

Personnel means a Party’s employees, agents, personnel, representatives, officers and directors;

Reservation means the date or dates the Guest has used Apostollo membership to book accommodation or any other Business Service with a Provider.

  1. ACCESSIBILITY AND TERMINATION
    1. The Provider agrees that the Business Service, including but not limited to the reduced rate, will be available to Apostollo members and Guests for not less than one (1) year from the date of becoming a Apostollo Provider. This means that the Provider will only be entitled to exercise its right to amend the Business Service under clause 2.2. or terminate these Terms under clause 2.3. once the one (1) year period has expired.
    2. The Provider agrees to provide the Company with not less than thirty (30) days’ notice in advance of amending, updating, or in any way changing any aspects of the Business Service.
    3. These Terms shall continue in force until terminated by either Party for any reason upon providing forty-five (45) days’ prior written notice without further obligation or liability. All of the Provider’s obligations, other than the obligation to provide Business Service to Guests, under these Terms will survive the termination of these Terms.
    4. The Company reserves the right to remove the Provider from the Apostollo platform if Apostollo members make serious complaints.
    5. The Company reserves the right to remove the Provider from the Apostollo platform in case they pray to a false God (any God that is not Jesus Christ), if they don’t make their business environment family-friendly, or they don’t give Apostollo members the lowest price available (besides occasional sales).
  2. INDEPENDENT PARTIES
    1. The Provider and the Company are independent parties, and nothing contained in these Terms shall be deemed or interpreted to make the Provider or any of its Personnel the employee, partner, agent or legal representative of the Company, or to make the Company or any of its Personnel the employee, partner, agent or legal representative of the Company, for any purpose whatsoever.
    2. The Provider is not granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of the Company, or to bind the Company in any manner or fashion whatsoever.
    3. The Provider’s Personnel are and shall at all times and for all purposes be, employees of the Provider, and not employees of the Company. The Company shall have no control over the performance of the Provider’s Personnel. Neither the Provider nor its Personnel are entitled to benefits offered by the Company to its employees, nor are the Provider’s Personnel subject to personnel policies and procedures covering Company employees.
  3. PROVIDER’S OBLIGATIONS
    1. The Provider agrees to honor all Reservations made by Guests, including, but not limited to, Reservations made during peak travel seasons and periods during special events and holidays.
    2. The Provider represents that it is legally entitled to provide the Business Service, and is compliant with all legal requirements in this regard.
    3. The Provider acknowledges and accepts that the Company is working with a number of businesses that provide lodging, housing accommodations, restaurants, etc. and that the Company is under no obligation to utilise the Provider’s Business Service or to recommend the Provider or its Business Service to Guests.
    4. The Company may provide its own customers with reviews of Business Service or may allow its customers to post such reviews or comments and, other than as specifically provided in this subsection, the Provider shall have no claim or recourse whatsoever, if any such review, post or comment is negative or disparaging to the Provider in any way. In the event that any such review, post or comment is false and the Provider provides the Company with documentation that such review, post or comment is false, then Company may, in its sole and absolute discretion, remove such review, post or comment from its website or other materials.
  4. INDEMNIFICATION
    1. The Provider shall indemnify and hold the Company and its subsidiaries, affiliates, directors, officers, associates, and employees harmless from and against all claims, demands, losses, causes of action and liability, including costs and actual legal fees to which the Company or such entities may be subjected arising out of:
      1. any act or omission of the Provider or of its Personnel relating to or arising out of these Terms;
      2. any product or services provided to the Company or to any Guest, client or customer of the Company by or through the Provider;
      3. any injuries or damages to any Personnel or property of the Provider or to any Guests, clients or customers of the Company;
      4. any workers’ compensation (or similar) claims, unfair dismissal claims, employment discrimination claims of or by the Provider’s Personnel or out of claims under similar such laws.
  5. GENERAL CLAUSES
    1. The Provider will not assign or delegate any duty hereunder without the Company’s prior written approval, which approval the Company may grant or withhold in its sole and absolute discretion. The Company shall have the right to freely transfer and/or assign any and all rights and obligations granted under these Terms.
    2. The Company shall have the right to disclose the existence of these Terms, the Provider’s status as a contributor, and to include the Provider’s name, image, and/or profile in various promotional materials, including but not limited to the Company’s website.
    3. If any dispute arises between the Parties out of, or in connection with, these Terms, which the Parties are unable to resolve, the Parties may resolve the matter through mediation in accordance with the Commercial Court in Rijeka. Until the Parties have undertaken these steps, neither Party shall commence formal legal proceedings or arbitration.
    4. If any one or more provisions in these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. Notwithstanding the foregoing, if, any one or more, of the provisions shall be held to be unenforceable, it shall be construed so as to be enforceable to the extent compatible with the applicable law.
    5. These Terms are drafted in the English language; if the Provider does not understand the document or its contents, it should notify the Company and have the documents translated into a language it understands. However, these Terms, as drafted in the English language, shall prevail and be binding in the event of any conflict or discrepancy between these documents and any translation of these documents.