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
Last Updated: December 4th, 2019
StayDuvet (hereinafter “StayDuvet”, “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 www.stayduvet.com and/or on any
other websites through which
StayDuvet makes the Services available (collectively hereinafter, the “Site”), as well as on
applications
for mobile, tablet and other smart devices and application program interfaces.StayDuvet is not aHost, 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.
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these
Terms of Service (“Terms”), whether or not you have confirmed a Reservation through these Services.
These Terms govern your access to and use of the Site and Services and all Content (as defined below),
and constitute a binding legal agreement between you and StayDuvet. Please read carefully these Terms
and our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from
or otherwise continue using the Site. Capitalized terms not otherwise defined shall have the meanings
ascribed to them below.
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 StayDuvet 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 StayDuvet as a
testimonial, comment, or other feedback regarding the Site, Services, or StayDuvet generally.
2. Modification of Terms
StayDuvet expressly reserves the right, at its sole discretion, to modify the Site, Content or Services
or to modify these Terms at any time without prior notice. Any such modification will be reflected by a
change to the “Last Updated Date” listed above. Your continued use of or access to the Site, Content or
Services after we have posted a modification on the Site or have provided you with notice of a
modification, is an express indication that you agree to be bound by the modified Terms. If the modified
Terms are not acceptable to you, your only recourse is to cease access toor use of the Site, Content and
Services.
3. How StayDuvet Works
The Site is used to facilitate the booking of residential and other properties listed on the Site. As
stated above, StayDuvet makes available a platform or marketplace with related technology for Guests to
arrange for bookings of Accommodations directly with Hosts. You understand and agree that StayDuvet is
not, and never will be, a party to any agreements entered into between Guests
3and Hosts, nor does StayDuvet have any control over the conduct of Hosts, Guests or other users of the
Site. This is true even if the Site allows you to reserve an Accommodation or provides other ancillary
products or services, as the Site may facilitate reserving an Accommodation or other tools, services or
products, but we are not a party to any rental or other agreement between users.StayDuvet’s
responsibilities are exclusively limited to: (i) facilitating the availability of the Site and Services
and (ii) serving as theHosts’collection agent for all payments not collected directly from Guests by
Hosts.
Much of the information regarding each Accommodation is provided by its Hosts, including, on occasion,
photographs of and information about an Accommodation. Photographs of, and information about, an
Accommodation are published on the Site to provide prospective Guests with a reasonable
understanding regarding the general quality and character of the Accommodation. Photographs of the
Accommodations are not necessarily accurate visual representations of the Accommodation nor its features
and decor.
Although StayDuvet attempts to verify and update information about the Accommodations published on the
Site and to update photographs of the Accommodations, StayDuvet in no way endorses any User Content or
any Accommodation and shall therefore not be liable to any user or Guest if the published information,
User Content, or photographs do not reflect modifications to the condition, decor or other features of
the Accommodations made by their respective Hosts. StayDuvet does not control the quality, condition,
safety, legality or suitability of any Accommodation. StayDuvet is in no way responsible for,and
disclaims any and all liability related to,any and all listings and Accommodations. Accordingly, any and
all Reservations are made at the sole risk of you, the Guest.
4. Bookings and Financial Terms
The Hosts, and not StayDuvet, have sole and exclusive responsibility for honoring any confirmed bookings
and making available any and all Accommodations reserved through the Site and Services. If you choose to
book and confirm a Reservation through StayDuvet or theSite, you hereby agree and understand that you
will be required to enter into a binding and enforceable agreement with the Host of the Accommodation,
and you agree to accept any terms, conditions, rules, restrictions, or other such terms as may
be associated with that Accommodation imposed by the Host. You hereby acknowledge and agree that that
you, and not StayDuvet, will bear sole responsibility for performing the obligations under any such
agreement(s), that StayDuvet is not a party to such agreement(s), and that, with the exception of any
collection obligations hereunder, StayDuvet expressly disclaims any and all liability arising from or
related to any such agreements or the Guest’s or Host’s breach thereof.
Upon requesting aReservation, the Guest is required to inform StayDuvet of the number of people who will
occupy the Accommodation during such Reservation period. Overnight stays in the Accommodation by persons
other than the Guest and previously identified and approved occupants are not permitted,and constitute a
breach of these Terms for which the Host and/or StayDuvet are entitled to rescind the rental contract
and
to evict you and all occupants from the Accommodation immediately and without prior written notice. At
the check-in phase of a Reservation, the Guest and any and all other individuals occupying the
Accommodation are required to provide a photocopy of a valid identification card, driver’s
license and/or Passport.StayDuvet and the Host of an Accommodation reserve the right to exclude guests
and/or any other occupants prior to check-in,and reserve the right to exclude or evict any guest or
occupant of the accommodation who violates these Terms or any additional rules, regulations and/or terms
associated with the Accommodation.
5. Procedure for Booking a Reservation
You agree to the following procedure(s)for making and confirming Reservations:
a) Upon receiving a Reservation request, StayDuvet will contact the Host to verify whether the requested
Accommodation is
available for the requested reservation period.
b) After receiving the Host’s confirmation of
availability (if applicable), StayDuvet will then contact the prospective Guest at the email address or
telephone number provided to inform of the Accommodation’s availability.
c) To confirm a Reservation, a Guest must pay the Initial Reservation Payment (as defined below under
the heading “Reservation
Confirmation”) within 24hours of StayDuvet’s email or telephone call confirming the availability of the
Accommodation for the requested dates and sending payment information to Guest (the “Reservation Payment
Period”). StayDuvet shall hold the requested dates at the Accommodation during the Reservation Payment
Period.
d) Once receipt of the Initial Reservation Payment is confirmed, StayDuvet will instruct the Host
to definitively book the Accommodation for you on the date(s)you have requested. Thereafter,
StayDuvet will send you an email confirmation of the Reservation.
Any delay or failure by you to make the
Initial Reservation Payment within the Reservation Payment Period will result in the forfeiture of
your hold on the requested date(s)at the Accommodation, and StayDuvet will no longer be able to
guarantee
the Accommodation’s availability for the requested date(s). If you make the Reservation Payment outside
of the Initial Reservation Payment Period and the Accommodation is no longer available, StayDuvet will
reject the payment,in which case you will receive a refund of the entire amount of the payment less any
non-refundable credit card charges, bank transaction fees or similar charges.
In connection with your
requested Reservation, you will be asked to provide standard billing information such as your name,
billing address and credit card information either to StayDuvet or its third-party payment processor.
You
hereby agree to pay StayDuvet for any confirmed Reservations in strict accordance with these Terms by
one
of the methods described on the Site –e.g. by bank transfer, PayPal or credit card. You hereby authorize
StayDuvet to collect the required amount for your Reservation by charging the credit card, PayPal
account, or bank account provided by you to StayDuvet, either directly by StayDuvet or by a third-party
payment processor. You also expressly authorize StayDuvet to charge your credit card or other payment
method in the event of damage caused at an Accommodation as contemplated under “Damage to
Accommodations” below and for the Security Deposit, if applicable under the circumstances. If you are
directed to a
third-party payment process or for payment, you may be subject to additional terms and conditions
governing
use of that service,including but not limited to the personal data collection practices of such
third-party payment processor. You are advised to review the terms and conditions and privacy policies
of any such third-party before using their services.
e)*Special Notice RegardingResidentialLeasesRequired under Certain Circumstances: Under certain
circumstances, a lease agreement may be required for your
specific property based on its location and recent changes in applicable zoning laws. We seek to comply
with all applicable local regulations and homeowner association rules regarding rental terms, licenses,
taxes, noise and parking. If you rent anAccommodation that requires a residential lease for a certain
minimum rental term, e.g., thirty days(as indicated by us or by the Host), or where a lease for a
minimum
rental term for this property is required by applicable laws, regulations, homeowner's association rules
or StayDuvet, then you agree to the required lease agreement provided to you prior to the start of your
rental (and which can also be accessed via the link below prior to the start of your rental period) and
the lease terms apply in addition to these Terms. To the extent the terms of the lease conflict in any
way with these Terms,these Terms shall take precedence.For example, should you be required by the Host
to
sign a thirty day or morel ease, the reservation shall terminate upon a Guest’s providing notice to
Duvet
of checkout via email to Duvet at team@stayduvet.com or text to (843) 628-5327. Prior to
the beginning of
your stay, we will email a copy of the applicable lease to your email address. If you have any questions
regarding the terms of the lease, please contact us at (843) 628-5327. No rental of this property
is
accepted or final unless you agree to a residential lease with a minimum rental term and house rules,if
required,to comply with the applicable local regulations or homeowners’association rules, including
providing such additional identification information which may be required from Guest to comply with
such
regulations and rules as determined by StayDuvet. By indicating your agreement online, accessing the
rental for your rental period or using the Services, you agree to the terms of the lease in the
substantially the forms provided here [link]. If you elect to enter into a lease agreement, a form lease
agreement is also provided as follows.To review and agree to your specific lease please go to the
following link and enter the your passcode at https://___________________________.
6. Reservation Confirmation
The “Initial Reservation Payment” is typically 100% percent of the total cost of the Reservation.
However, the Initial Reservation Payment may vary depending on theAccommodation. StayDuvet 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,
StayDuvet will send you a confirmation email summarizing your Reservation and providing additional
information. StayDuvet reserves the right to charge the Initial Reservation Payment and the Reservation
Balance (as defined below) upon Reservation Confirmation.
7. Reservation Balance
The ReservationBalance is the remaining balance of the total amount due after deducting the Initial
Reservation Payment. Payment of the Reservation Balance is due at least ten (10)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 ReservationBalance shall be the sole
responsibility of the Guest. If you fail to pay the ReservationBalance ten (10) days prior to check-in,
StayDuvet 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.
8. 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 StayDuvet.
9. 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 on the
Accomodation’s StayDuvet listing page or otherwise make it available for the Guest(s) prior to check-in
and check-out. StayDuvet is in no way liable, responsible, or accountable for providing the Guest with
check-in and check-out procedures, rules, and/or policies.
10. 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 StayDuvet or the Host of an Accommodation;
(iv) StayDuvet 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, StayDuvet 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, StayDuvet 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.
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.
11. Security Deposits
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. StayDuvet will inform you
of any Security Deposit required before you confirm your Reservation. StayDuvet 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 authorizeStayDuvet 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
StayDuvet 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 here by waive any and all rights to
contest StayDuvet’s right 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 ten (10) 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, StayDuvet 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 StayDuvet
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 StayDuvet shall be
authorized to charge these costs to your debit or credit card previously provided to StayDuvet
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 StayDuvet 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. StayDuvet 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 StayDuvet 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 StayDuvet (if applicable). Failure to comply with the
above provision constitutes a violation of these Terms.
StayDuvet 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.
StayDuvet requires that Guests contact our office immediately should an item break or go missing.
12. Guest Cancellations and Refunds
StayDuvet has a strict sixty (60) day cancellation policy as defined below.
If a Reservation is cancelled by a Guest sixty (60) 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, less any and all transaction and/or service fees.
Cancellations attempted less than 30 days prior to the commencement of the Reservation will not be
honored, and will result only in a nominal refund of $100.
13. Cleanliness Requirements and Cleaning Service
StayDuvet is in no way responsible for the cleanliness of Hosts’ Accommodations. However, StayDuvet
mandates 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 StayDuvet 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, StayDuvet 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 Accommodation’s
availability and reservation rates. Any change to the date(s) of your Reservation made within thirty
(30) days prior to the date of check-in shall 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 StayDuvet 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 theReservation, or if any unanticipated defect or condition arises or occurs during check-in
or during the Guest’s Reservation, other than one affecting health or human safety,which would frustrate
the Guest’s reasonable use and enjoyment of the Accommodation prior to completion of his or her stay,
please notify Stay Duvet by phone at 843-628-5328. Please allow up to 12 hours for a Stay Duvet
representative to address and attempt to resolve the issue. Thereafter, StayDuvet will immediately
notify
the Guest whether or not the issue is resolved. Should the issue not be resolved, Stay Duvet will make
all
commercially reasonable efforts to provide an alternativeAccommodation for the Reservation period that
is
comparable in location, quality and character in accordance with terms herein.
Should an unanticipated condition affecting health or human safety occur at the Accommodation,
please immediately call us at
843-628-5328 and leave a voicemail with a return number. Stay Duvet will work with you to
resolve the
issue as soon as possible including StayDuvet making all commercially reasonable efforts to
provide an
alternative Accommodation for the Reservation period that is comparable in location, quality and
character. Please be advised that the Guest must report the issue and give StayDuvet sufficient
time to
identify and attempt to resolve the problem prior to moving the Guest to another Accommodation.
If
StayDuvet is unable to locate a suitable and comparable Accommodation for the Reservation
period,
StayDuvet 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.
Neither StayDuvet 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 StayDuvet 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, StayDuvet 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.
StayDuvet
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 StayDuvet’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
StayDuvet.Your failure or delay in notifying us of any such circumstances that arise may not
only hamper
StayDuvet’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
StayDuvet, your Host, or both depending on the nature of the unforeseen occurrence. Please
remember that
response times from technicians and service men can vary, and it can be difficult to arrange for
repairs
at night or on the weekends and holidays.StayDuvet 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 STAYDUVET NOR ANY PARTY INVOLVED INCREATING, 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
11FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
YOUR EXCLUSIVE REMEDY AGAINST STAYDUVET 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 STAYDUVET 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 STAYDUVET.
18. Indemnification and Release
You agree to fully release, defend, indemnify and hold harmless StayDuvet 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, consequentialor 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
19. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to
the Site and Services (“Feedback”). You hereby acknowledge and agree that any and all Feedback
will become the sole and exclusive property StayDuvet, and you hereby irrevocably assign to
StayDuvet and agree to irrevocably assign to StayDuvet all of your right, title, and interest in
and to any and all Feedback, including without limitation all worldwide patent, copyright, trade
secret, and other proprietary or intellectual property rights therein.
20. Site Rules
You hereby understand and agree that you are solely responsible for compliance with any and all
laws, rules, regulations and tax obligations that may apply to your access and use of the Site,
Content or Services. In connection with your use of our Site and Services, you may not and you
hereby agree that you will not:
(i) Violate any local, state, provincial, national, or
other law
or regulation, or any order of a court, including, without limitation, zoning restrictions and
Tax regulations;
(ii) Use manual or automated software, devices, script robots, other
means or
processes to access,
12“scrape,” “crawl” or “spider” any web pages or other services contained in the Site or
Content;
(iii) Use the Site, Content orServices for any commercial or other purposes that
are not
expressly permitted by these Terms;
(iv) Copy, use, store or otherwise access any
information
contained on the Site, Services or Content for purposes not expressly permitted by these
Terms;
(v) Infringe upon the rights of any person or entity, including without
limitation, their
intellectual property,privacy, publicity or any other legal or contractual rights;
(vi)
Interfere
with or damage our Site, Content or Services, including, without limitation, through the use of
viruses, cancel bots, Trojan horses, harmful code,flood pings, denial-of-service attacks, packet
or IP spoofing, forged routing or electronic mail address information or similar methods or
technology; use our Site or Services to transmit,distribute, post or submit any information
concerning any other person or entity, including without limitation, photographs of others
without their permission, personal contact information or credit, debit, calling card or account
numbers;
(vii) use our Site or Services in connection with the distribution of
unsolicited
commercial email (“spam”) or advertisements; when acting as a Guest or otherwise, recruit or
otherwise solicit any Host or other Guest to join third-party services or websites that are
competitive to StayDuvet, without StayDuvet’s prior written consent;
(viii) Impersonate
any
person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any
person or entity;
(ix) Use automated scripts to collect information or otherwise interact
with
the Site, Content or Services;(x) Post, upload, publish,submit or transmit any Content that: (i)
infringes upon, misappropriates or violates a third-party’s patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or
would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is
defamatory,obscene, pornographic,vulgar or offensive; (v) promotes discrimination, bigotry,
racism, hatred, harassment or harm against any individual or group; (vi) is violent or
threatening or promotes violence or actions that are threatening to any other person; or (vii)
promotes unlawful or harmful activities or substances;(viii) Systematically retrieve data or
other
content from our Site, Content or Services to create or compile, directly or indirectly, in
single or multiple downloads, a collection, compilation, database, directory or the like,
whether
by manual methods, through the use of bots, crawlers, or spiders, or otherwise;(ix) Use,
display, mirror or frame the Site or the Content, or any individual element within the Site,
Content or Services, StayDuvet’s name, any StayDuvet trademark, logo or other proprietary
information, or the layout and design of any page or form contained on a page, without
StayDuvet’s
13express written consent;
(x) Access, tamper with, or use non-public areas of the Site,
the
Content, the Services or StayDuvet computer or other systems;
(xi) Attempt to probe,
scan, or test
the vulnerability of any StayDuvet system or network or breach any security or authentication
measures; or
(xii) Attempt to decipher, decompile, disassemble or reverse-engineer any of
the
software used to provide the Site, Services or Content; or advocate,encourage, or assist any
third-party in doing any of the foregoing.
StayDuvet reserves the right to investigate
and
prosecute any and all violations of the Site Rules above to the fullest extent of the law.
StayDuvet may involve and cooperate with appropriate law enforcement authorities in prosecuting
users who violate these Site Rules or these Terms generally, if applicable. StayDuvet has the
right to access, preserve and/or disclose any of your information if we are required to do so by
law, or if we believe in good faith that it is reasonably necessary to:(i) respond to claims
asserted against StayDuvet or to comply with legal process (e.g., subpoenas, search warrants,
etc.);(ii) enforce or administer our agreements with users, such as these Terms;(iii) for
fraud prevention, risk assessment, investigation, customer support, product development and/or
de-bugging purposes;or (iv) protect the rights, property or safety of StayDuvet, its users, or
members of the public. You hereby acknowledge that StayDuvet has no obligation whatsoever to
monitor your access to or use of the Site, Services or Content, but reserves the right to do so
for the purpose of operating and improving upon the Site and Services, (including, without
limitation,for fraud prevention, risk assessment, investigation and customer support purposes),
to ensure your compliance with these Terms, to comply with all applicable laws or the order of a
court,administrative agency or other governmental body, or to respond to content that it
determines is otherwise objectionable or as set forth in these Terms. StayDuvet reserves the
right, at anytime and without prior notice, to remove or disable access to any Content that
StayDuvet, at its sole discretion, considers to be objectionable for any reason, in violation of
these Terms or otherwise harmful to the Site
21. Exclusive Ownership of Content
The Site, Services, and Content are protected by copyright, trademark and other laws of the
United States. You hereby acknowledge and agree that the Site, the Content and the Services,
including all associated text, graphics, images, music, software, audio, video, promotional
material, official social media channels, or any other related information or intellectual
property rights, are the exclusive property of StayDuvet and its licensors. The removing,
altering, or modifying of any copyright, trademark, service mark or other proprietary rights
incorporated in or accompanying theSite, Services, or Content is strictly prohibited.
22. Waiver and Severability
StayDuvet’s failure to timely or otherwise enforce any right or provision of these Terms will
not constitute a waiver of future enforcement of that right or provision. A waiver by StayDuvet
of any right or provision under these Terms will be effective only if in writing and signed by a
duly
authorized agent of StayDuvet. Except as expressly provided for 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.
If at any time and for any reason an arbitrator
or a
court of competent jurisdiction finds any provision of these Terms to be invalid or
unenforceable, that provision will be enforced to the maximum extent allowable under the law,
and if such provision is deemed wholly unenforceable, it will be severed from the remainder of
these Terms and the other provisions of these Terms will remain in full force and effect.
23. Limitations on Assignment
The Guest may not assign, transfer, sublease, delegate, sell, or in any other way transfer its
obligations under these Terms to any other individual or entity, by operation of law or
otherwise, without StayDuvet’s prior express written consent. Any attempt by the Guest to assign
or transfer its obligations under these Terms, without such consent, will be null and void.
StayDuvet may assign or transfer these Terms, at its sole discretion, without restriction.
Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their
successors and permitted assigns.
24. Entire Agreement
The Guest may not assign, transfer, sublease, delegate, sell, or in any other way transfer its
obligations under these Terms to any other individual or entity, by operation of law or
otherwise, without StayDuvet’s prior express written consent. Any attempt by the Guest to assign
or transfer its obligations under these Terms, without such consent, will be null and void.
StayDuvet may assign or transfer these Terms, at its sole discretion, without restriction.
Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their
successors and permitted assigns.
25. Choice of Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of South Carolina,
United States ofAmerica, without regard to its conflict-of-law provisions. You hereby
agree,pursuant to these Terms, that this section will survive termination of these Terms.
26. Binding Arbitration
Any dispute or controversy arising under or in connection with these Terms shall be submitted to
binding arbitration in accordance with the requirements of the South Carolina Uniform
Arbitration Act (SCUAA) as then in effect. All arbitration proceedings shall be conducted in
Charleston County, South Carolina. The arbitrators shall be selected as provided in the SCUAA,
and the arbitrators shall render a decision on any dispute within ninety (90) days after the
last of the arbitrators has been selected. If any party to this Agreement fails to select an
arbitrator with regard to any dispute submitted to arbitration under this Section within thirty
(30) days after receiving
15notice of the submission to arbitration of such dispute, then the other party or parties shall
select an arbitrator for such non-selecting party, and the decision of the arbitrators shall be
final and binding upon all the parties to the dispute, their personal representatives, legal
representatives, heirs, successors and assigns. The prevailing party in any such proceeding
shall be entitled to reimbursement by the losing party, in addition to any damages awarded, for
all reasonable costs and expenses, including attorney’s fees, incurred in any such proceeding,
including all trial and appellate levels. Nothing contained in this Section shall preclude
either party from seeking injunctive relief through a court of competent jurisdiction in
conjunction with the Arbitration, and the prevailing party shall also be entitled to
reimbursement by the losing party for all reasonable fees and costs, including attorney’s fees,
incurred in the proceedings seeking injunctive relief.
27. Taxes
You here by understand and acknowledge that the jurisdiction where your Accommodation is located
may require Hosts to collect taxes from Guests on the amount paid for the right to use and/or
occupy an Accommodation, and otherwise empower governmental agencies, departments or authorities
to collect and enforce these tax obligations and liabilities (each such agency, department or
authority, a “Tax Authority”). These taxes are sometimes called “occupancy taxes,” “hotel
taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,”“room
taxes” or “tourist taxes” (collectively referred to hereinafter as “Occupancy Taxes”). Occupancy
Taxes vary between jurisdictions but, if applicable, are generally calculated as a percentage
of the rental or occupancy charge or a set daily amount.If a Tax Authority asserts that
StayDuvet
or Hosts with an Accommodation in that jurisdiction have Occupancy Tax liabilities and
obligations, StayDuvet reserves the right, in its sole discretion, to facilitate collection and
remittance ofOccupancy Taxes from Guests on behalf of Hosts. In any jurisdiction in which we
decide to do so, you hereby instruct and authorize StayDuvet to collect Occupancy Taxes on
behalf of Hosts at the time reservation payments are collected, and to remit such Occupancy
Taxes
to the appropriate Tax Authority. The amount of Occupancy Taxes collected and remitted through
StayDuvet, if any, will be clearly designated to Guests and separately stated their respective
transaction documents. If StayDuvet facilitates collection and remittance of Occupancy Taxes on
behalf of any Hosts, those Hosts should not collect any Occupancy Taxes from you. Guests hereby
acknowledge and agree that in some jurisdictions, StayDuvet may not be able to facilitate
collection and remittance of Occupancy Taxes and that if StayDuvet has not provided notice that
it will collect and remit Occupancy Taxes to the Tax Authority on behalf of a Host with an
Accommodation in that jurisdiction, Hosts and Guests remain solely responsible and liable for
collection and remitting of any and all Occupancy Taxes that may apply to the Accommodation. In
any jurisdiction in which we collect and remit Occupancy Taxes on behalf of the Hosts, Guests
hereby expressly grant us permission to transfer necessary data and other information relating
to the relevant Occupancy Taxes collected and remitted relating to your transactions.You hereby
expressly agree, consistent with the provisions under the heading “Indemnification and Release,”
to waive and to release StayDuvet(or any supplier or vendor that StayDuvet may use),
its officers, representatives, directors, employees and agents, from and against any claims,
liabilities, damages, injuries, losses, and expenses associated with the collection and
remittance of
16anyOccupancy Taxes. You also here by understand and agree that we may seek additional amounts
from you in the event that the Occupancy Taxes collected or remitted are insufficient to fully
discharge your obligations to the Tax Authority, and that your sole remedy for Occupancy Taxes
collected is a refund from the applicable Tax Authority in accordance with the procedures set
forth by that Tax Authority.
28. Default
Any failure to comply with these Terms by the Guest may be treated by StayDuvet (at its option)
as a default. StayDuvet shall thereafter have the right to collect from the Guest(s) its
reasonable costs and attorneys' fees incurred in enforcing these Terms and/or in collecting
payment from the Guest(s) in default.