The Bare Hotelier Ltd
Barehotelier Holiday Lettings
Rhodes Holiday Villas, Apartments, Boutique Hotels & Studios
- CONTRACT AND BOOKING
1.1 The Bare Hotelier Ltd, trading as Barehotelier Holiday Lettings, Rhodes Holiday Villas, Apartments, Boutique Hotels & Studios, hereinafter called “the Agency”, act only as agents for (i) the owners of the accommodation (“the Owner”) or (ii) other agencies who themselves act as agents for the Owner in accepting and administering bookings of holiday accommodation on its behalf in accordance with these Conditions. In all circumstances, the Contract of Letting is between the Hirer (“the hirer”) and the Owner.
1.2 The Hirer is entering into this Agreement on behalf of all members of the Group named on the booking form (including anyone who is added or replaced at a later date) who authorise the Hirer to make the Booking on the basis of these Conditions.
1.3 This agreement is made on the basis that the Holiday Accommodation (“the Holiday Accommodation”) is to be occupied by the Hirer and the Group for a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 or similar legislation in other jurisdictions) and the Hirer and Group acknowledge that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.
1.4 Bookings cannot be accepted from persons under 18 years of age. Group bookings of single sex parties are not allowed unless special arrangements are made by the Agency with the Owner (safety deposits may be required). Pets are not permitted unless with the prior written consent of the owner.
2.1 In these Conditions the following words shall have the following meanings:
2.1.1 “Booking Enquiry” means the offer to hire the Holiday Accommodation made by the Hirer;
2.1.2 “Booking” means the acceptance of the Booking Enquiry by the Agency;
2.1.3 “Deposit” means the initial sum required to confirm the booking;
2.1.4 “Hirer” means the person who makes a Booking;
2.1.5 “Hire Period” means the period during which the Hirer and/or the Group will occupy the Holiday Accommodation;
2.1.6 “Holiday Accommodation” means the holiday accommodation, consisting of the dwelling, any garden, all fixtures, fittings, contents and equipment;
2.1.7 “Owner” means the owner of the Holiday Accommodation;
2.1.8 “Agency” means the agent acting on behalf of the Owner in accepting and administering bookings;
2.1.9 “Group” means the individuals that will occupy the Holiday Accommodation;
2.1.10 “Holidaymakers” means the Hirer, Group and/or his/her invitees jointly;
2.1.11 “Price” means the price payable to hire the Holiday Accommodation (excluding any Security Deposit);
2.1.12 “Final Payment Date” The date on which the full payment of the holiday must be paid by. Normally no later than 60 days before the first day of the Hire Period
2.1.13 “Security Deposit” means a deposit to be paid (if applicable) in accordance with clause 14
2.1.14 “Website” means www.barehotelierholidaylettings.com
3. MAKING A BOOKING
3.1 A Hirer may make a Booking online via the Website by following the on-screen instructions. Otherwise the Hirer may contact the Agency by completing the online enquiry form, sending an email, or by telephone, using the contact details on the website to make a Booking Enquiry.
3.2 A Booking shall not be binding until a Hirer pays a Deposit to the Agency and has received confirmation in writing. Until such times the Holiday Accommodation shall remain available for Hire.
3.3 The written confirmation will show the Booking details, the Price for the Booking, the amount of the Deposit and whether a Security Deposit is payable. As soon as the Hirer receives its confirmation, it must check the details carefully and if anything is not correct, it should inform the Agency immediately.
3.4 Once a booking is confirmed it is not subject to change. If the Hirer decides to cancel the booking, the cancellation policies within in this agreement and according to the terms and conditions stated on the booking confirmation will apply. Whilst the Agency or Owner is under no obligation to do so, under certain circumstances and with the agreement of the Owner, minor adjustments can be made to bookings. In these circumstances there will be an administration charge of €25 to make the change.
3.5 The Agency has the right to refuse any booking before it sends written confirmation out to a Hirer. If the Agency wishes to do this, it will inform the Hirer in writing and promptly refund any money paid to it. In this case, neither the Agency nor the Owner will have any legal responsibility to the Hirer.
4. GREEK TAXATION LAWS
4.1 Greek Tax regulations require that the following information is supplied for the Hirer and each member of the Group:
4.1.1 Passport ID No and nationality, address, email address, contact telephone number
4.1.2 This may be collected by the Agent at the time of booking or by the Owner upon arrival at the Holiday Accommodation
5. NUMBER IN GROUP
5.1 The number of persons occupying the Holiday Accommodation must not exceed the maximum capacity for the Holiday Accommodation at any time.
5.2 The number of persons occupying the Holiday Accommodation must not exceed the number provided by the Hirer at the time of making the Booking unless the Hirer has notified the Agency of the increase at least 14 days before the start of the Hire Period and the Agency has agreed to the increase and if applicable the Hirer has paid an additional fee.
5.3 If the number of persons occupying does exceed the numbers provided then:-
5.1.1 The Hirer may be required to pay an additional sum to cover the additional person(s); or
5.3.2 If the maximum capacity for the Holiday Accommodation is exceeded, or actual numbers of persons exceeds the number provided by the Hirer, then the additional persons will not be permitted to occupy and if they continue to do so, the Agency may enter the Holiday Accommodation and require the Hirer and/or the Group to vacate the Holiday Accommodation.
5.3.3 f the Agency takes the step in 5.3.2 the Booking and Hire period shall be cancelled with immediate effect and the Hirer (and anybody within the Group) shall not be entitled to a refund or any compensation for any reason due to the Hire Period coming to an end early.
6. PRICE AND PAYMENT
6.1 On making a Booking the Hirer will be asked to make a payment as follows: –
6.1.1 If the first day of the Hire Period is more than 60 days from the date of the Booking Enquiry, the Hirer must pay a Deposit of 25% of the total Price unless stated otherwise, with the balance due no later than 60 days before the date of arrival;
6.1.2 If the first day of the Hire Period is 60 days or less from the date of the Booking Enquiry, the Hirer must pay the total Price at the time of the Booking Enquiry and, if applicable, a Security Deposit.
6.2 All payments will be accepted and administered by the Agency on behalf of the Owner.
6.3 If a Booking Enquiry does not become a confirmed Booking the Agency shall return any payment made by the Hirer subject to booking and cancellation policies (less any charges incurred for credit card payments).
6.4 Payment can be made by debit card, credit card, paypal or bank transfer.
6.5 The Hirer must have paid the Price in full no later than 60 days before the first day of the Hire Period (the “Final Payment Date”). If the Agency does not receive the Full Payment (or balance where a Deposit has been paid) by the Final Payment Date then the Agency may cancel the Booking. If the Booking is cancelled the Agency shall retain the Deposit subject to the provisions of 6.3
6.6 If the Hirer wishes to cancel the Booking then they shall notify the Agency as soon as possible in writing. On receipt of the notice, the Agency shall advertise the Holiday Accommodation as available to let on its Website.
6.7 In the event of cancellation, the Hirer may be due a partial refund which is dependent on when notice of cancellation is given before the holiday start date. Unless stated otherwise on Booking Confirmation. The refund is calculated as follows:
6.7.1 Within 24 hours of making the initial booking, providing the booking date is 61 days before arrival – 100% refund
6.7.2 After 24 hours of making the booking and up to 61 days notice before arrival – 75% refund
6.7.3 60-31 days notice before arrival – 50% refund of the total accommodation cost
6.7.4 30 days notice before arrival – no refund
6.7.5 More than 60 days notice the Hirer’s liability for the remainder of the balance will be waived or the balance (less the non refundable deposit) will be refunded if this has been previously paid.
6.7.6 If a refund is due it will be paid within 10 working days of cancellation.
6.8 The Agency reserves the right to re-let any Holiday Accommodation where any monies due are more than 7 days in arrears whereupon any monies paid by the Hirer over and above any non-refundable Deposit will be refunded. However, if the Agency is unable to re-let the Holiday Accommodation the Hirer will remain liable for the outstanding balance of the cost of the holiday.
6.9 All prices quoted include VAT and Local Taxes where applicable at current rates.
6.10 The Agency recommends that the Hirer takes out Holiday and Travel Insurance.
7. CHANGING A BOOKING
7.1 If a Hirer wishes to change any detail of a Booking it should contact the Agency to make a request. The Agency cannot guarantee that the request will be granted.
7.2 Where a change to a Booking is granted, there will be an administrative charge of €25 which shall be payable to the Agency. The Hirer may also have to pay any additional costs incurred in accommodating the change. The Agency will let the Hirer know what these costs will be before confirming the change.
7.3 Any change to dates of accommodation may be treated as a cancellation of the original Booking and cancellation charges may be payable in accordance with 6.7.
8.1 Pets are not permitted in any Holiday Accommodation without written consent or agreement from the Agency or Owner.
8.2 Where pets are permitted in the Holiday Accommodation: –
8.2.1 There may be an additional fee for each pet;
8.2.2 The pet owner must bring the pets bed or basket for sleeping in;
8.2.3 Pet owners must ensure that their pets are free from parasites and fleas before they occupy the Holiday Accommodation. Failure to do so may incur subsequent charges;
8.2.4 The Hirer will be liable for any damage caused by any Holidaymakers’ pets. Any damage is to be reported to the Owner (or their representative) immediately. Any additional cleaning required, that may incur an additional charge, will be at the Owner’s discretion
8.2.5 Pets must not be left unattended in the Holiday Accommodation (including any garden) at any time without the prior agreement of the Owner;
8.2.6 Pets must not be allowed in any of the bedrooms or on any of the furniture within the Holiday Accommodation;
8.2.7 Pets must be under strict control at all times;
8.2.8 The Hirer must clear up any fouling on gardens or grounds without delay.
8.3 If a garden is described as “enclosed” it does not mean that it is ‘escape-proof’ for pets.
8.4 If the Hirer or anybody within the Group brings a pet with them without having agreed with the Agency at the time of making the Booking or at least 14 days before the start of the Hire Period then:
8.4.1 The Hirer will be required to pay an additional sum;
8.4.2 The Owner may enter the Holiday Accommodation and require the Hirer and/ or the Group occupying the Holiday Accommodation to vacate the Holiday Accommodation.
8.4.3 If the Owner takes the step in 8.4.2 the Booking and Hire Period shall be cancelled with immediate effect and the Hirer (and anybody within the Group) shall not be entitled to a refund or any compensation for any reason due to the Hire Period coming to an end early.
8.5 Registered assistance pets are allowed in all Properties, even when where the Holiday Accommodation description states that pets are not allowed, provided that all Hirers and Group comply with the provisions within this section 8. Pets
8.5.1 The Agency or Owner must be notified of the intended presence of any assistance pets, with evidence of registration, prior to making a Booking.
8.6 If any Holidaymaker has an allergy to animals including pets, please be aware that Owners and Agency cannot guarantee that pets have not stayed in a particular Holiday Accommodation. The Agency and Owners cannot accept responsibility for any suffering which may occur as a result of such animals or pets having been present in a Holiday Accommodation.
9. OWNER RESPONSIBILITIES
9.1 The Owner is solely responsible for providing the accommodation and for the safety of the Hirer, Group and/or his/her invitees (jointly known as “the Holidaymakers”).
9.2 The Agency accepts no responsibility for personal injury to, or death of, any Holidaymakers, or loss of or consequential loss or damage to the Holiday Accommodation, or for other matters over which the Agency has no control, except to the extent such personal injury or death is caused by the negligence or wilful default of the Agent.
10. EXTENUATING CIRCUMSTANCES
10.1 In the event of the Holiday Accommodation becoming unavailable (such as due to fire or flooding), the Agency will endeavour to provide the Hirer with suitable alternative accommodation or will refund all monies paid, or a proportion in the case of curtailment. The Agency cannot, however, pay any compensation or expenses as a consequence of such an event
11. USE OF HOLIDAY ACCOMMODATION
11.1 The Hirer and all members of the Group and Holiday Makers agree not to use the Holiday Accommodation for any illegal or commercial purpose or to sublet it or otherwise allow anyone to stay in it without agreeing to this with the Agency or Owner.
11.2 The Owner can refuse to allow the Hirer and/or Group or Holidaymakers into the Holiday Accommodation or ask them to leave if it reasonably believes that the Hirer or any member of the Group Holidaymakers they have invited to the Holiday Accommodation is behaving or has behaved illegally or antisocially or that damage has been, is being or is likely to be caused. If the Owner takes this step the Booking and Hire Period shall be cancelled with immediate effect. In such circumstances, the Hirer and/or Group will not receive a refund of any monies paid for the Booking and the Agency or Owner will not be legally responsible or liable in any way to the Hirer and/or the Group.
11.3 The Hirer and/or Group must not hold events (such as parties, celebrations or meetings) at the Holiday Accommodation without agreeing to this in advance with the Agency or Owner. If they do, the Owner can refuse to allow the Hirer and/or Group into the Holiday Accommodation or ask the Hirer and/or Group to leave. If the Owner takes this step, the Booking and Hire Period shall be cancelled with immediate effect. In such circumstances, the Hirer and/or Group will not receive a refund of any monies paid for the Booking and the Agency or Owner will not be legally responsible or liable in any way to the Hirer and/or the Group.
11.4 The Hirer and/or Group must allow the Owner (or any agent or representative) access to the Holiday Accommodation at any reasonable time during their stay. In the event of an emergency or where any problems need resolving quickly and it is not possible to contact the Hirer and/or Group, the Owner and/or its agents or representatives may enter the Holiday Accommodation at any time without giving prior notice to the Hirer and/or the Group.
12.1 On departing the Holiday Accommodation, the Hirer and/or Group shall ensure that this is left clean and tidy and in a similar condition to when they arrived.
13.DAMAGE, BREAKAGES AND LOSS
13.1 The Hirer may be asked to check an inventory of the Holiday Accommodation and its contents on arrival. If it discovers that anything is missing or damaged it should notify the Owner immediately.
13.2 The Hirer will be responsible, and account to/reimburse the Owner for all damage, breakages or loss caused by it and/or the Group, Holidaymakers or their pets to the Holiday Accommodation.
13.3 Where any breakages, damage or loss occurs the Hirer should report the same either to the Agency or the Owner or its representative (as advised at the outset by the Owner) as soon as reasonably practicable and where possible before the end of the Hire Period.
13.4 If during the Hire Period the Owner is concerned about the extent of any damage or breakages then it has the right to enter the Holiday Accommodation and require the Hirer and all those within the Group to vacate the Holiday Accommodation. If the Owner does take this step then the Booking and Hire Period shall be cancelled with immediate effect and the Hirer (and anybody within the Group) shall not be entitled to a refund or any compensation for any reason due to the Hire Period coming to an end early.
14. REFUNDABLE “SECURITY” DEPOSIT
14.1 In some cases, the Agency may require a Hirer to pay a Security Deposit. If this applies to a Booking the Agency will notify the Hirer of the amount of the Security Deposit and when this is payable, and it will be shown on the confirmation invoice.
14.2 The Agency shall be entitled to use the Security Deposit: –
14.2.1 if during the Hire Period there are any breakages or damage to the Holiday Accommodation or any items otherwise need replacing or
14.2.2 if after the Hirer has vacated the Holiday Accommodation this requires cleaning beyond what would be reasonably expected;
14.2.3 if after deducting these costs any part of the Security Deposit remains this shall be returned to the Hirer.
14.3 If the Agency receives no notification from the Holiday Accommodation Owner within the 10 days following the Hirer’s departure date, the Agency shall refund the Security Deposit to the Hirer in full.
15. THE ACCOMMODATION
15.1.1 The Agency makes every effort to ensure that the description of the Holiday Accommodation (as it appears on its Website) is accurate and up to date. The Agency shall not be liable for any differences between the Holiday Accommodation and its description on the Website, or any changes made to the Holiday Accommodation by the Owner after the date of the Booking Enquiry.
15.1.2 Where any material changes are made to the Holiday Accommodation after the date of the Booking Enquiry the Agency will notify the Hirer as soon as the Agency becomes aware of them. In such circumstances, the Agency may also cancel any Booking in accordance with clause 23.2 if it considers it necessary to do so.
15.1.3 The exteriors, furniture, furnishings and room layouts of the Holiday Accommodation may differ from the photographs on the Website.
15.1.4 Occasionally problems mean that some facilities or services are not available or may be restricted. If this happens, the Agency will inform the Hirer as soon as reasonably practicable after it becomes aware of the situation.
15.1.5 The Agency cannot accept responsibility for any changes or closures to local services or attractions mentioned in any brochures or on the Website or elsewhere.
15.1.6 The Agency cannot accept responsibility for any inaccurate, incomplete or misleading information about any Holiday Accommodation or its facilities or services unless this was caused by its own negligence.
16.1 Grass cutting, gardening, pool maintenance, window cleaning and maintenance works etc may from time to time be carried out during the Hire Period. The Owner will try to ensure that such works are carried out with the least disruption to the Hirer and the Group as far as reasonably possible.
17.1 Holiday Accommodations with pools do not have a lifeguard on duty and the Hirer and/or Group and Holidaymakers use the pool facilities at their own risk. The Agency and Owner will not be legally responsible or liable in any way for injuries caused when using the pool.
17.2 The Hirer and/or Group will adhere to the following rules when using the pool facilities:
17.2.1 Children Under 18 years must be supervised by an adult at all times;
17.2.2 No glass or alcoholic beverages are permitted in pool area;
17.2.3 Diving is not permitted;
17.2.4 The pool must not be used while under the influence of alcohol;
17.2.5 A minimum of 3 hours must pass after consuming food before using the pool;
17.2.6 Showers must be taken before using the pool.
18. TIMING OF ARRIVALS AND DEPARTURES
18.1 Normal access time on the day of arrival at the Holiday Accommodation is not before 16:00hours and normal vacation time on the day of departure is no later than 10:00hours. However, where possible the Owner will accommodate earlier arrival and later departure according to flight times, but this is not guaranteed unless an early arrival or late departure fees have been applied.
18.1.1 The Hirer will notify the Agency of their arrival and departure details including Flight Number and Expected Time of Arrival/Departure, contact mobile number on arrival, as well as expected time of arrival at the Holiday Accommodation
18.1.2 The Agency shall notify the Hirer before the Hire Period commences of the arrival instructions
19. BASIS OF OCCUPATION
19.1 The Holiday Accommodation is let to the Hirer and the Group for the Hire Period only (without prejudice to any party’s right to bring the Hire Period to an end early in accordance with these Conditions) and is not an Assured Tenancy or Assured Shorthold Tenancy as defined by the Housing Act 1988 as amended.
20. COMPLAINTS AND CONTACTING THE AGENCY
20.1 If the Hirer wishes to make a complaint about anything connected with its hire of the Holiday Accommodation it should contact the Owner in the first instance as soon as reasonably possible or the Agency during the hours detailed in clause 20.4
20.2 The Agency will then either pass the complaint on to the Owner to deal with or it may consider the complaint and act to resolve this itself as soon as reasonably practicable.
20.3 If the Hirer does not make a complaint promptly where it is possible to do so, the complaint may not be considered by the Agency or Owner.
20.4 The Agency can be contacted between the hours of 9.00am and 6.00pm, 7 days per week except on Christmas Day.
21. LIMITATION OF LIABILITY
21.1 This clause sets out the entire financial liability of the Agency (including any liability for the acts or omissions of its employees) to the Hirer in respect of:
21.1.1Any breach of its obligations under these Conditions;
21.1.2 The hire of the Holiday Accommodation;
21.1.3 And any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Conditions;
21.1.4 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Booking and these Conditions;
21.1.5 Nothing in these Conditions limits or excludes the liability of the Agency:
18.104.22.168 for death or personal injury resulting from the negligence of the Agency; or
22.214.171.124 for any damage or liability sustained by the Hirer and/or Group as a result of fraud or fraudulent misrepresentation by the Agency.
21.1.6 Unless stated otherwise in these Conditions, the Agency does not have any control over the Holiday Accommodation or the Owner.
21.1.7 The Agency shall not be legally responsible either jointly or individually to the Hirer or Group if it is prevented from carrying out its responsibilities as a result of events beyond its control (which means any event where the Agency could not, even with all due care, expect or avoid) for :-
126.96.36.199 any injury;
188.8.131.52 any sickness;
184.108.40.206 any loss;
220.127.116.11 any damage;
18.104.22.168 any additional expense;
22.214.171.124 any damages for inconvenience caused directly or indirectly by or arising out of the use or condition of the Holiday Accommodation. For the avoidance of doubt, the Agency shall not be legally responsible for events which occur and/or which are reported to it during the hours of 6.00pm and 9.00am or on Christmas Day.
21.1.8 The Agency shall not be liable for any acts or omissions of the Owner or its representatives.
21.1.9 The Agency shall not be liable for any damage or loss caused to any belongings of the Hirer or the Group during the Hire Period.
21.1.10 Neither the Agency nor the Owner will be liable for noise or disturbance which comes from beyond the boundaries of the Holiday Accommodation or which is beyond their control.
21.2 The Agency’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Booking shall be limited to the Price.
22. DATA PROTECTION
22.1 To process a Booking the Agency will need to collect and process personal information relating to the Hirer and or members of the Group. The Agency will ensure that it acts in accordance with the Data Protection Act 1998 at all times.
22.2 The Agency will also pass on the personal data of the Hirer and the Group to the Owner
23. CANCELLATION BY AGENCY
23.1 The Agency may cancel a Booking in accordance with clauses 8.4.2,11.2,11.3 and where it does, the Hirer shall not be entitled to a refund of the Deposit or the full Payment.
23.2 Where the Agency cancels a Booking due to the sale of the Holiday Accommodation, on health and safety grounds or in accordance with clause 10 or where it considers it necessary to do so to safeguard its business interests and goodwill, the Hirer shall be entitled to:
23.2.1 a refund of the Price in full where the Booking is cancelled before the start of the Hire Period.
23.2.2 a proportional refund of the Price (equivalent to the proportion of the Hire Period not used between the cancellation date and scheduled departure date, where the Booking is cancelled during the Hire Period.
23.3 The Agency does not expect to have to make any changes to a Booking. However, sometimes problems occur and Bookings have to be changed or cancelled. The Agency has the right to do this. If it does, the Agency will contact the Hirer to explain what has happened and let them know about any cancellation or change as soon as is reasonably practicable
23.4 Neither the Agency nor the Owner are under any obligation to find alternative accommodation for the Hirer and/or Group.
24. FORCE MAJEURE
24.1 The Agency shall not be liable to the Hirer or any member of the Group under these Conditions if it is prevented from, or delayed in performing, its obligations under these Conditions or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the Agency or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, declared epidemic or pandemic or default of suppliers or subcontractors, staff illness.
25.1 If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Conditions, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
25.2 If a provision of these Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
26. ASSIGNMENT AND VARIATION
26.1 The Agency may at any time assign or transfer all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all its obligations under these Conditions to any third party or agent.
26.2 The Hirer may not assign its rights or obligations under these Conditions without the Agency’s prior written consent.
26.3 The Prices and Conditions set out herein supersede all those previously published.
26.4 The Prices and Conditions may be updated, changed or varied by the Agency.
27. RIGHTS OF THIRD PARTIES
27.1 Only the Agency (and its assignees) and the Hirer shall have any rights under these Conditions and a person who is not a party to these Conditions shall not have any rights under or in connection with it.
28.1 Any notice or other communication required to be given under the Contract or under these Conditions shall be in writing and shall be sent by email to the other party to their given email address marked for the attention of the Agency or the Owner or as the case may be, the Hirer.
29. GOVERNING LAW AND JURISDICTION
29.1 These Conditions and any dispute or claim arising out of or in connection with their subject matter shall be governed by, and construed in accordance with, the law of England and Wales.
29.2 The parties irrevocably agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Agreement or these Conditions or their subject matter.