TERMS OF SERVICE
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION PURSUANT TO SOUTH CAROLINA CODE SECTION 15-48-10, ET SEQ., AS AMENDED 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: June 19, 2018
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 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 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 to or 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 and 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 the Hosts’ 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 the Site, 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 a Reservation, 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 24 hours 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 processor 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.
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 the Accommodation. 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 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 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 Reservation Balance shall be the sole responsibility of the Guest. If you fail to pay the Reservation Balance 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 authorize StayDuvet 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 hereby 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. No such charge will apply to any change to your Reservation date(s) that are made more than thirty (30) days in advance of your Reservation.
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, StayDuvet will immediately notify the Guest and will make all commercially reasonable efforts to provide an alternative Accommodation for the Reservation period that is comparable in location, quality and character. 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.
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 StayDuvet 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 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 servicemen 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 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 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, 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.
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, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site or Content; (iii) Use the Site, Content or Services 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 express 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 any time 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 the Site, 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
Except as they may be supplemented by additional StayDuvet policies, procedures, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between StayDuvet and Guest, and these Terms supersede and replace any and all prior oral or written understandings or agreements between StayDuvet and Guest. Nothing in these Terms shall be construed to limit the extent to which the Guest must comply with and strictly adhere to any and all rules, policies, procedures, or guidelines relating to a Host’s Accommodation as described herein.
25. Choice of Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of South Carolina, United States of America, 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 notice 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.
You hereby 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 of Occupancy 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 any Occupancy Taxes. You also hereby 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.
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.