THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY. IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 29 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE. IT AFFECTS HOW DISPUTES WITH DUVET ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
The Property Manager (hereinafter “we”, “us”, and/or “our”) provides an online booking platform or marketplace that connects Hosts who have accommodations to rent with Guests seeking to rent such Accommodations and other such services as described herein (collectively hereinafter, the “Services”). These Services are accessible at and/or on any other websites through which the Property Manager makes the Services available (collectively hereinafter, the “Site”), as well as on applications for mobile, tablet and other smart devices and application program interfaces. The Property Manager is not a Host, a real estate broker, agent, insurer or operator of properties, including, but not limited to, hotel rooms, other any other type of lodging or temporary accommodation, nor is it a provider of properties, including, but not limited to, hotel rooms, other lodgings or Accommodations.
The site and services are intended solely for persons who are 18 years old or older. Any access to or use of the site or services by anyone under 18 is expressly prohibited. By accessing or using the site or services you represent and warrant that you are 18 or older, and that you possess the required legal capacity to understand these Terms. Furthermore, if you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
1.Key Terms and Definitions:
“Accommodation” means any residential or other property listed on the Site that may be booked for a temporary stay.
"Booking Request Period" means the time period starting from the time when a booking is requested by a Guest (as determined by Airbnb in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Content” means any and all text, graphics, images, music, software, audio, video, promotional material, official social media channels, or any other related information, including any Content licensed from a third-party. Content also includes all User Content.
“Guest” means an individual, entity, or group who has received an email from the Property Manager confirming a Reservation of an Accommodation made via the Site.
“Host” means one who has ownership or control of an Accommodation available on the Site.
"Listing" means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.
“Reservation” means an arrangement between you and the Host of an Accommodation to have that Accommodation reserved for your use at a specific future time.
“User Content” means any and all Content that a Guest submits or transmits to the Property Manager as a testimonial, comment, or other feedback regarding the Site, Services, or the Property Manager generally.
The “Initial Reservation Payment” is typically 50% percent of the total cost of the Reservation. However, the Initial Reservation Payment may vary depending on the Accommodation. The Property Manager accepts Visa, MasterCard or American Express. Payment through PayPal or U.S. bank transfer is also available to qualified prospective Guests. Guests using credit cards issued in certain countries may be subject to additional surcharges. You assume any and all costs, expenses, fees, taxes or other charges that may be applied to any payments or wire transfers by any credit card company, bank or governmental agency involved in the transaction. Following successful processing of your Initial Reservation Payment, The Property Manager will send you a confirmation email summarizing your Reservation and providing additional information. The Property Manager reserves the right to charge the Initial Reservation Payment and the Reservation Balance (as defined below) upon Reservation Confirmation.
The Reservation Balance is the remaining balance of the total amount due after deducting the Initial Reservation Payment. Payment of the Reservation Balance is due at least fourteen (14) days in advance of the day of check-in. The Reservation Balance may be paid via Visa, MasterCard or American Express credit cards, via PayPal or via U.S. bank transfer. As with the Initial Reservation Payment, any and all commissions, fees, taxes or other charges applicable to Reservation Balance shall be the sole responsibility of the Guest. If you fail to pay the Reservation Balance fourteen (14) days prior to check-in, the Property Manager reserves the right to treat the reservation as cancelled and proceed to offer the Accommodation as available to other prospective Guests. Upon receipt of the Reservation Balance, the Initial Reservation Payment made previously will become fully non-refundable and non-transferable.
4.Payment Processing Errors
We will take all commercially reasonable steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting the same payment method used, as deemed appropriate or necessary by the Property Manager.
5.Check-In and Check-Out Procedures
The Host shall bear sole and exclusive responsibility for providing any and all check-in and check-out procedures, rules, and/or policies directly to the Guest(s), and shall provide this information and make it available for the Guest(s) prior to check-in and check-out.
6.Rules Regarding Your Stay
In connection with your stay in an Accommodation, you agree that:
(i) You and all authorized occupants will comply with any and all of the Accommodation’s house rules;
(ii) Neither you nor any authorized or unauthorized occupant will smoke or use illegal substances in any of the Accommodations;
(iii) You will keep noise levels at the Accommodation to a minimum between the hours of 10 pm and 9 am or, if local law is more restrictive, comply with all local noise restrictions about which you have been informed by the Property Manager or the Host of an Accommodation;
(iv) The Property Manager and/or the Host may inspect the Accommodation upon reasonable notice or without prior notice when exceptional circumstances warrant doing so;
(v) If any illegal substances are found in the Accommodations, or if the neighbors complain about noise levels in excess of the range of normal tolerance or other violations that result in complaints or claims, the Property Manager and/or the Host may immediately evict you and all authorized or unauthorized occupants at any time of day or night; and
(vi) Your unlawful or wrongful conduct, or that of any authorized or unauthorized occupant, shall result in the loss of the total amount paid by the Guest, including the Initial Reservation Payment, the Reservation Balance and the Security Deposit. Furthermore, the Property Manager and/or the Host of the Accommodation may seek indemnification and reimbursement of any expenses or losses incurred in connection with any proceeding or legal action asserted against them as a result of the Guest’s unlawful or wrongful conduct.
(vii.) You agree that PETS are NOT permitted without prior approval.
(viii.) You will make an effort to keep the property and all furnishings in good order, and only use appliances for their intended use. You agree to abide by parking rules.
(ix.) You recognize that all of the units are privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.
These Rules apply in addition to, and regardless of, any and all rules, policies, or procedures provided by the Host to the Guest(s) relating specifically to the reserved Accommodation.
Hosts may choose to require security deposits for the reservation of their Accommodation to cover the cost of missing items and damages or losses in excess of normal wear and tear (the “Security Deposit”). The amount of the Security Deposit varies by Accommodation and is set by the Host. The Property Manager will inform you of any Security Deposit required before you confirm your Reservation. The Property Manager will either (i) use commercially reasonable efforts to obtain a pre-authorization of the Guest’s debit or credit card in the amount of the Security Deposit or (ii) collect a U.S. bank transfer from the Guest in the amount of the Security Deposit prior to check-in or at check-in. You hereby expressly authorize the Property Manager to obtain an authorization hold on your debit or credit card in an amount equal to the Security Deposit as required by the Host. These funds will be held for the duration of your Reservation and will not be available for your use until the hold is released. If damages or losses are discovered upon inspection, either by the Property Manager or the Host, during or after check-out, the cost to repair or replace such damages or losses shall be charged to the Guest’s debit or credit card pending receipt of documentation from the Host duly evidencing the repair costs as a result of such damage or loss. You hereby waive any and all rights to contest the Property Manager to charge your debit or credit card upon our receipt of duly documented repair costs. Once the total cost of damages or losses are determined, and costs of repair are charged to the Guest’s debit or credit card, the remaining amount of the Security Deposit will be returned to the Guest.
If the Security Deposit is charged to your debit or credit card or otherwise collected via other payment method and if no damages or losses were caused, the Security Deposit shall be reimbursed upon completion of the Guest’s stay or within three to five (3-5) business days of check-out, without interest or reimbursement of any currency or transaction fee of any kind.
If the cost of the damage or loss exceeds the amount of the any Security Deposit, the Property Manager and/or the Host will send you an invoice or receipt duly evidencing the cost of repairing or remedying the damage or loss, and you hereby agree to pay the Property Manager the necessary amount by an authorized payment method within five (5) business days. If you fail to pay the cost of the damage or loss within the specified time, you hereby expressly agree that the Property Manager shall be authorized to charge these costs to your debit or credit card previously provided to the Property Manager.
11.Responsibility for Damage to Accommodation
As a Guest, you are expected to, and bear sole responsibility for, leaving the Accommodation in the same condition in which you found it upon arrival. You hereby acknowledge and agree that you are responsible for your own acts and omissions, as well as for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation. This includes both previously approved individuals as well as any others to whom you provide access to the Accommodation. In the event that a Host claims and provides the Property Manager with evidence of damage or missing items, you hereby agree to pay the cost of repairing the losses or damages whether repair or replacement of the damaged or missing items is necessary. The Property Manager reserves the right to withhold your Security Deposit and charge against it for such repairs, and also reserves the right to charge the credit card associated with your Reservation, or otherwise collect payment from you and pursue any remedies available to the Property Manager to that end. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to the Property Manager (if applicable). Failure to comply with the above provision constitutes a violation of these Terms.
the Property Manager is not responsible for any damages caused to or within the Property, including without limitation, any broken, stolen or lost items belonging to a Guest, his or her invitees, or a Host. The Property Manager requires that Guests contact our office immediately should an item break or go missing.
12.Guest Cancellations and Refunds
The Property Manager has a thirty (30) day cancellation policy as defined below.
If a Reservation is cancelled by a Guest thirty (30) days or more prior to the commencement of the Reservation, then Guest is entitled to receive a full 100% refund less any and all transaction and/or service fees.
If a Reservation is cancelled by a Guest fourteen (14) days or more prior to the commencement of the Reservation, then Guest is entitled to receive a refund of fifty percent (50%) of the cost of the Reservation.
Cancellations attempted less than 14 days prior to the commencement of the Reservation will not be honored, and will not receive a refund.
13.Cleanliness Requirements and Cleaning Service
The Property Manager cleans each Accommodation prior to a guests arrival. However, the Property Manager asks that Guests inform their Host upon arrival, and no later than twenty-four (24) hours after check-in, if the Accommodation is dirty or otherwise not up to the Guest’s expected standards. Any additional cleaning requests will be processed by the Property Manager at the expense of the Guest, unless otherwise resolved directly between the Host and Guest.
14.Extension of Reservation
Any desired extension of an existing Reservation will be subject to the Accommodation’s availability and will be treated the same as a request for a new Reservation. As such, the Property Manager makes no guarantees concerning an Accommodation’s availability for extension. Furthermore, while a Reservation may be eligible for extension based on an Accommodation’s availability, there is no guarantee that such availability will be at the same rate or cost as the existing Reservation. If a Reservation is eligible for an extension, in order to secure such an extension, the Guest is required to immediately pay both the Initial Reservation Payment and the Reservation Balance, in full, for the time period of the requested extension. Any monies paid toward a Reservation extension are non-refundable and non-transferable.
15.Modification of Reservation Prior to Check-In
Any requested change to your Reservation date(s) is subject to the particular Accommodations availability and reservation rates. Any change to the date(s) of your Reservation may potentially be subject to an additional Reservation Transfer Charge. The Reservation Transfer charge may vary depending on the Accommodation, its availability, the dates of the requested change, and/or any number of other factors to be included at the discretion of the Property Manager in calculating the Reservation Transfer Charge. The Reservation Transfer Charge will be communicated to a prospective Guest prior to booking, if the Accommodation is available for the change dates requested.
16.Unforeseeable Circumstances Affecting Accommodation or Reservation
If, for any unforeseeable reason, the Accommodation becomes unavailable between the date of booking and the date of the Reservation, or if any unanticipated defect or condition arises or occurs during check-in or during the Guest’s Reservation, which would frustrate the Guest’s reasonable use and enjoyment of the Accommodation prior to completion of his or her stay, the Property Manager will immediately notify the Guest and will make all commercially reasonable efforts to find an alternative Accommodation for the Reservation period that is comparable in location, quality and character. If the Property Manager is unable to locate a suitable and comparable Accommodation for the Reservation period, the Property Manager will immediately notify the Guest and inform the Guest of available alternative Accommodations and inform the Guest of the ways in which the alternative accommodation differs from the reserved Accommodation with respect to both quality and rate.
If the Guest is unsatisfied with the alternative Accommodation offered as a result of an unforeseeable unavailability of the reserved Accommodation, he or she may choose to: (a) cancel the Reservation and receive full reimbursement of the Initial Reservation Payment and the Reservation Balance (if any) paid to the Property Manager if the unavailability, defect or condition is discovered prior to or during check-in; or (b) receive a reimbursement on a pro rata basis depending on the length of time remaining in the Reservation period at the time the unforeseeable condition or defect is discovered.
Neither the Property Manager nor the Host will relocate Guests, reimburse reservation payments or cancel a Reservation in response to requests or complaints resulting from or related to: causes that are reasonably beyond the Property Manager or the Host’s control; causes unrelated to the Accommodation or due to acts of God or other force majeure event(s); causes such as general street noise, disturbance(s) caused by construction, maintenance or repair; the condition of amenities, temporary malfunctioning of elevators, maintenance or repairs of common areas ordered by the building management; repairs to neighboring properties; interruption of the Internet, television or other services; and any similar events affecting the Guest’s stay in the Accommodation.
However, the Property Manager is committed to ensuring that every Guest has an enjoyable Reservation and stay and will therefore exercise commercially reasonable efforts to resolve or minimize the effects of any unforeseeable occurrence related to the Accommodation. The Property Manager cannot and does not guarantee that the eventual resolution of the situation will not increase expenses for the Guest, including increased Reservation payments or other expenditures. A Guest’s exclusive and sole remedies in any of the above-described events are to: (i) accept the Property Manager’s offered alternative Accommodation arrangements, or (ii) cancel the remaining portion of the rental contract and receive a pro rata reimbursement dependent on the length of time remaining in the Reservation period at the time the unforeseeable condition or defect was discovered.
Although issues are rare, should an unforeseeable circumstance arise that impacts your Reservation at an Accommodation, please immediately contact the Property Manager. Your failure or delay in notifying us of any such circumstances that arise may not only hamper the Property Manager’s ability to timely and effectively address the situation and improve upon your stay, it may also constitute a waiver of your rights under these Terms and may subject you to liability to either the Property Manager, your Host, or both depending on the nature of the unforeseen occurrence. Please remember that response times from technicians and servicemen can vary, and it can be difficult to arrange for repairs at night or on the weekends and holidays. The Property Manager will use all commercially reasonable efforts to remedy any situation as quickly as possible.
You will also be provided with an emergency number to call. This number should only be used in the case of a true emergency affecting life safety or serious conditions that occur at an Accommodation.
17.Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACCEPT ALL RISK RELATED TO YOUR USE OF THE SITE AND SERVICES. NEITHER THE PROPERTY MANAGER NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ASSOCIATED WITH USE OF THE SITE OR SERVICES OR IN ANY WAY IN CONNECTION WITH THESE TERMS, OR FOR ANY DAMAGES FOR WHICH YOU ARE HELD LIABLE IN CONNECTION WITH YOUR STAY IN AN ACCOMMODATION EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
YOUR EXCLUSIVE REMEDY AGAINST THE PROPERTY MANAGER IN ANY WAY CONNECTED TO YOUR USE OF THE SITE OR SERVICES IS TO DISCONTINUE YOUR USE OF THE SITE OR THE SERVICES. YOU HEREBY WAIVE AND RELEASE ANY AND ALL STATUTORY, EQUITABLE OR COMMON LAW REMEDIES FOR MONETARY DAMAGES YOU MAY HAVE AGAINST THE PROPERTY MANAGER IN CONNECTION WITH ANY DAMAGE RELATED TO THESE TERMS, THE SITE, THE SERVICES, YOUR STAY IN AN ACCOMMODATION, OR YOUR DEALINGS WITH A HOST OR OTHER USER OF THE SITE. ALL LIMITATIONS ON LIABILITY IN THESE TERMS AND THE EXCLUSIVE REMEDIES DESCRIBED HEREIN ARE FUNDAMENTAL BASES OF THE BARGAIN BETWEEN YOU AND THE PROPERTY MANAGER.
18.Indemnification and Release
You agree to fully release, defend, indemnify and hold harmless the Property Manager and its affiliates, partners, subsidiaries and contractors, and their respective officers, representatives, directors, employees and agents, from and against any claims, liabilities, damages, injuries, losses, and expenses (compensatory, direct, incidental, consequential or otherwise), including, without limitation, reasonable legal and accounting fees and expenses, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Content or your violation of these Terms; (b) your User Content; (c) your interaction with any Guest, Host or other user of the Site or Services; your (d) booking of an Accommodation; and (e) your use or reservation of an Accommodation.