Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Dream Villas Platform, you agree to comply with and be bound by these Terms.
Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all Dream Villas Members. If your country of residence is the United States, this provision applies to all disputes with Dream Villas. If your country of residence is outside of the United States, this provision applies to any action you bring against Dream Villas in the United States. It affects how disputes with Dream Villas are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: June 28, 2020
Thank you for using Dream Villas!
These Terms constitute a legally binding agreement ("Agreement") between you and Dream Villas (as defined below) governing your access to and use of the Dream Villas website, including any subdomains thereof, and any other websites through which Dream Villas makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Dream Villas Services"). The Site, Application and Dream Villas Services together are hereinafter collectively referred to as the “Dream Villas Platform”. Our Professional Host Guarantee Terms, Guest Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the Dream Villas Platform are incorporated by reference into this Agreement.
When these Terms mention “Dream Villas,” “we,” “us,” or “our,” it refers to the Dream Villas company you are contracting with. Your contracting entity “Dream Villas LTD.’, registered company 12088763 at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
Any and all payment processing services through or in connection with your use of the Dream Villas Platform ("Payment Services") are provided to you by one or more Dream Villas Payments entities (individually and collectively, as appropriate, "Dream Villas Payments") as set out in the Payments Terms of Service ("Payments Terms").
Professional Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Professional Host Services (as defined below). For example, some cities have laws that restrict their ability to Professional Host paying guests for short periods or provide certain Professional Host Services. In many cities, Professional Hosts may have to register, get a permit or obtain a license before providing certain Professional Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Professional Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Professional Host Services they offer. Certain types of Professional Host Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Professional Host Service(s) on Dream Villas, you should always seek legal guidance.
1.1 The Dream Villas Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Professional Hosts” and the services they offer are “Professional Host Services”) to publish such Professional Host Services on the Dream Villas Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Professional Host Services (Members using Professional Host Services are “Guests”). Professional Host Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the Dream Villas Platform, Dream Villas does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Professional Host Services, nor is Dream Villas an organiser or retailer of travel packages under Directive (EU) 2015/2302. Professional Hosts alone are responsible for their Listings and Professional Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Dream Villas is not and does not become a party to or other participant in any contractual relationship between Members, nor is Dream Villas a real estate broker or insurer. Dream Villas is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Dream Villas has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Professional Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Dream Villas does not endorse any Member, Listing or Professional Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Dream Villas about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Professional Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Dream Villas of any Professional Host or Listing.
1.4 If you choose to use the Dream Villas Platform as a Professional Host or Co-Professional Host (as defined below), your relationship with Dream Villas is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Dream Villas for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Dream Villas. Dream Villas does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Professional Host Services. You acknowledge and agree that you have complete discretion whether to list Professional Host Services or otherwise engage in other business or employment activities.
1.5 To promote the Dream Villas Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Dream Villas cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Dream Villas Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Dream Villas Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Dream Villas is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Dream Villas of such Third-Party Services.
1.7 Due to the nature of the Internet, Dream Villas cannot guarantee the continuous and uninterrupted availability and accessibility of the Dream Villas Platform. Dream Villas may restrict the availability of the Dream Villas Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Dream Villas Platform. Dream Villas may improve, enhance and modify the Dream Villas Platform and introduce new Dream Villas Services from time to time.
2.1 In order to access and use the Dream Villas Platform or register an Dream Villas Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Professional Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Dream Villas may make access to and use of the Dream Villas Platform, or certain areas or features of the Dream Villas Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Dream Villas Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Dream Villas Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Dream Villas Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Dream Villas Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Dream Villas reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Dream Villas Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Dream Villas Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("Dream Villas Account") to access and use certain features of the Dream Villas Platform, such as publishing or booking a Listing. If you are registering an Dream Villas Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Dream Villas Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Dream Villas Account and your SNS Account at any time, by accessing the "Settings" section of the Dream Villas Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Dream Villas Account and public Dream Villas Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Dream Villas Account unless Dream Villas authorizes you to do so. You may not assign or otherwise transfer your Dream Villas Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Dream Villas Account credentials and may not disclose your credentials to any third party. You must immediately notify Dream Villas if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Dream Villas Account. You are liable for any and all activities conducted through your Dream Villas Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Dream Villas may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Dream Villas Account. For example, we may enable Members to link their Dream Villas Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Professional Hosts to add other Members as Co-Professional Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Dream Villas to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Dream Villas may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Dream Villas Platform ("Member Content"); and (ii) access and view Member Content and any content that Dream Villas itself makes available on or through the Dream Villas Platform, including proprietary Dream Villas content and any content licensed or authorized for use by or through Dream Villas from a third party ("Dream Villas Content" and together with Member Content, "Collective Content").
5.2 The Dream Villas Platform, Dream Villas Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Dream Villas Platform and Dream Villas Content, including all associated intellectual property rights, are the exclusive property of Dream Villas and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Dream Villas Platform, Dream Villas Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Dream Villas used on or in connection with the Dream Villas Platform and Dream Villas Content are trademarks or registered trademarks of Dream Villas in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Dream Villas Platform, Dream Villas Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Dream Villas Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dream Villas or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Dream Villas grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Dream Villas Platform and accessible to you, solely for your personal and non-commercial use.
5.6 Dream Villas may offer Professional Hosts the option of having professional photographers take photographs of their Professional Host Services, which are made available by the photographer to Professional Hosts to include in their Listings with or without a watermark or tag bearing the words "www.Dream.Villas Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Professional Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Dream Villas Platform if they no longer accurately represent your Listing, if you stop Professional Hosting the Professional Host Service featured, or if your Dream Villas Account is terminated or suspended for any reason. You acknowledge and agree that Dream Villas shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Dream Villas is not the exclusive owner of Verified Images, by using such Verified Images on or through the Dream Villas Platform, you grant to Dream Villas an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Dream Villas in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Dream Villas Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Dream Villas Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Dream Villas Platform or you have all rights, licenses, consents and releases that are necessary to grant to Dream Villas the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Dream Villas use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Dream Villas’s Content Policy or any other Dream Villas policy. Dream Villas may, without prior notice, remove or disable access to any Member Content that Dream Villas finds to be in violation of applicable law, these Terms or Dream Villas’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Dream Villas, its Members, third parties, or property.
5.9 Dream Villas respects copyright law and expects its Members to do the same. If you believe that any content on the Dream Villas Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6.1 Dream Villas may charge fees to Professional Hosts ("Professional Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Dream Villas Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Professional Host or Guest prior to publishing or booking a Listing. Dream Villas reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Dream Villas. The applicable Service Fees (including any applicable Taxes) are collected by Dream Villas Payments. Dream Villas Payments will deduct any Professional Host Fees from the Listing Fee before remitting the payout to the Professional Host. Any Guest Fees are included in the Total Fees collected by Dream Villas Payments. Except as otherwise provided on the Dream Villas Platform, Service Fees are non-refundable.
7.1.1 When creating a Listing through the Dream Villas Platform you must (i) provide complete and accurate information about your Professional Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Dream Villas. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Dream Villas may enable certain Professional Hosts to participate in its “Open Homes Program.” The Open Homes Program enables Professional Hosts to provide Listings to certain Guests, such as refugees or evacuees, for free. You acknowledge that if you choose to participate in the Open Homes Program, your ability to restrict your Listing to certain Guests, such as Guests with previous positive Reviews, may be limited.
7.1.5 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Professional Host Services. Dream Villas reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.6 The placement and ranking of Listings in search results on the Dream Villas Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Professional Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Professional Host Service, and/or ease of booking. More information about the factors that determine how your Listing appears in search results can be found on our help center.
7.1.7 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Professional Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Professional Host Fee and any applicable Taxes.
7.1.8 Dream Villas recommends that Professional Hosts obtain appropriate insurance for their Professional Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Professional Host Service.
7.2.1 Unless expressly allowed by Dream Villas, you may not list more than one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). Professional Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Dream Villas Platform.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Professional Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
Professional Hosts who list Experiences, Events and Professional Host Services other than Accommodations agree to and are subject to the Additional Terms for Experience Professional Hosts.
7.4.1 Dream Villas may enable Professional Hosts to authorize other Members (“Co-Professional Hosts”) to administer the Professional Host’s Listing(s), and to bind the Professional Host and take certain actions in relation to the Listing(s) as permitted by the Professional Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Professional Host Services”). Any agreement formed between Professional Host and Co-Professional Host may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Professional Host Service(s). Co-Professional Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Dream Villas. Dream Villas reserves the right, in our sole discretion, to limit the number of Co-Professional Hosts a Professional Host may invite for each Listing and to limit the number of Listings a Co-Professional Host may manage.
7.4.2 Professional Hosts should exercise due diligence and care when deciding who to add as a Co-Professional Host to their Listing(s). Professional Hosts remain solely responsible and liable for any and all Listings and Member Content published on the Dream Villas Platform, including any Listing created by a Co-Professional Host on their behalf. Further, Professional Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Professional Host(s). Co-Professional Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Professional Host, including, but not limited to, conduct that causes harm or damage to the Professional Host. In addition, both Professional Host and Co-Professional Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to Professional Hosting activities, communications with Guests, and the provision of any Co-Professional Host Services.
7.4.3 Unless agreed otherwise by Professional Host and Co-Professional Host, Professional Host and Co-Professional Host may terminate the Co-Professional Host agreement at any time. In addition, both Professional Host and Co-Professional Host acknowledge that their Co-Professional Hosting relationship will terminate in the event that Dream Villas (i) terminates the Co-Professional Host service or (ii) terminates either party’s participation in the Co-Professional Host service. When the Co-Professional Host agreement is terminated, the Professional Host will remain responsible for all of the Co-Professional Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Professional Host, that Member will no longer have access to any Professional Host or Guest information related to the applicable Professional Host’s Listing(s).
7.4.4 As a Co-Professional Host, you will not be reviewed by Guests, meaning that your Co-Professional Host activities will not affect your Reviews or Ratings for other Listings for which you are a Professional Host. Instead, the Professional Host of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Professional Host’s conduct and performance). Professional Hosts acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Professional Host’s conduct and performance.
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Dream Villas and/or the Professional Host, you can book a Listing available on the Dream Villas Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Dream Villas Account.
8.1.2 Upon receipt of a booking confirmation from Dream Villas, a legally binding agreement is formed between you and your Professional Host, subject to any additional terms and conditions of the Professional Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Dream Villas Payments will collect the Total Fees at the time of the booking request or upon the Professional Host’s confirmation pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book a Professional Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Professional Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Professional Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Professional Host Service if accompanied by an adult who is responsible for them.
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Professional Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Professional Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Professional Host.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Professional Host specifies in the Listing or such other time as mutually agreed upon between you and the Professional Host. If you stay past the agreed upon checkout time without the Professional Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Professional Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Professional Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Professional Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Professional Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Professional Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Dream Villas (via Dream Villas Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Professional Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.3.1 You should carefully review the description of any Experience, Event or other Professional Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Professional Host has specified in their Listing. At your sole discretion you may want to inform the Professional Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Professional Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Professional Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Professional Host Service.
8.3.2 Before and during an Experience, Event or other Professional Host Service you must at all times adhere to the Professional Hosts’ instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other Professional Host Service unless such an individual was added by you as an additional guest during the booking process on the Dream Villas Platform.
8.4 Dream Villas Travel Credits
Dream Villas Travel Credits may be redeemed for eligible bookings via the Dream Villas Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem Dream Villas Travel Credits after the Dream Villas Travel Credits are reflected in your Dream Villas Account.
9.1 Professional Hosts and Guests are responsible for any modifications to a booking that they make via the Dream Villas Platform or direct Dream Villas customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Professional Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Professional Host, and Dream Villas Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless force majeure circumstances exist, any portion of the Total Fees due to the Professional Host under the applicable cancellation policy will be remitted to the Professional Host by Dream Villas Payments pursuant to the Payments Terms.
9.3 If a Professional Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, Dream Villas may allow the Guest to apply the refund to a new booking, in which case Dream Villas Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, Dream Villas may publish an automated review on the Listing cancelled by the Professional Host indicating that a booking was cancelled. In addition, Dream Villas may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Professional Host has a valid reason for cancelling the booking pursuant to Dream Villas’s force majeure Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Experiences, Events and other Professional Host Services, if weather poses a safety risk to Guests, or if it prevents a Professional Host from carrying out a Professional Host Service that takes place primarily outdoors, Professional Hosts may cancel the Professional Host Service. Professional Hosts may also cancel the Professional Host Service if other conditions exist that would prevent the Professional Host from offering the Professional Host Service safely.
9.5 In certain circumstances, Dream Villas may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in Dream Villas's force majeure Circumstances Policy or (i) where Dream Villas believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Dream Villas, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest who books an Accommodation suffers a Travel Issue as defined in the Guest Refund Policy, Dream Villas may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy. If a Guest who books an Experience, Event or other Professional Host Service suffers a Travel Issue as defined in the Experiences Guest Refund Policy, Dream Villas may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Experiences Guest Refund Policy.
9.7 If a Guest or Dream Villas cancels a confirmed booking, and the Guest receives a refund in accordance with the Guest Refund Policy, Experiences Guest Refund Policy, force majeure Circumstances Policy, or the applicable cancellation policy set by the Professional Host and mentioned in the Listing, after the Professional Host has already been paid, Dream Villas Payments will be entitled to recover the amount of any such refund from the Professional Host, including by subtracting such refund amount out from any future Payouts due to the Professional Host.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Professional Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Dream Villas Account, and Dream Villas Payments will handle all such payments.
10.1 Within a certain time frame after completing a booking, Guests and Professional Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Dream Villas. Ratings and Reviews are not verified by Dream Villas for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Professional Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Dream Villas’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Dream Villas Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Professional Host (and the individuals the Professional Host invites to the Accommodation, if applicable).
11.2 If a Professional Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Professional Host can seek payment from you through the Resolution Center. If a Professional Host escalates a Damage Claim to Dream Villas, you will be given an opportunity to respond. If you agree to pay the Professional Host, or Dream Villas determines in its sole discretion that you are responsible for the Damage Claim, Dream Villas via Dream Villas Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Dream Villas also reserves the right to otherwise collect payment from you and pursue any remedies available to Dream Villas in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Professional Hosts under the Dream Villas Professional Host Guarantee.
11.3 Members agree to cooperate with and assist Dream Villas in good faith, and to provide Dream Villas with such information and take such actions as may be reasonably requested by Dream Villas, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Dream Villas Professional Host Guarantee or Japan Professional Host Insurance), (ii) Experiences, (iii) Co-Professional Host agreements, or (iv) a Group Payment Booking. A Member shall, upon Dream Villas's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Dream Villas or a third party selected by Dream Villas or its insurer, with respect to losses for which a Member is requesting payment from Dream Villas (including but not limited to payments under the Dream Villas Professional Host Guarantee or payment under Japan Professional Host Insurance).
11.4 If you are a Guest or a Co-Professional Host, you understand and agree that Dream Villas may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Professional Host (including without limitation amounts paid by Dream Villas under the Dream Villas Professional Host Guarantee or amounts paid under Japan Professional Host Insurance). You agree to cooperate with and assist Dream Villas in good faith, and to provide Dream Villas with such information as may be reasonably requested by Dream Villas, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Dream Villas may reasonably request to assist Dream Villas in accomplishing the foregoing.
Dream Villas generally supports payment amounts that are payable from or to Guests or Professional Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Dream Villas’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Dream Villas may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Professional Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Dream Villas may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13.1 As a Professional Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
13.2 Tax regulations may require us to collect appropriate Tax information from Professional Hosts, or to withhold Taxes from payouts to Professional Hosts, or both. If a Professional Host fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Professional Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Professional Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").
13.4 In certain jurisdictions, Dream Villas may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Professional Hosts, in accordance with these Terms ("Collection and Remittance") if such jurisdiction asserts Dream Villas or Professional Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Dream Villas (via Dream Villas Payments) to collect Occupancy Taxes from Guests on the Professional Host's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions Dream Villas may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying Professional Hosts, based on tax information supplied by the Professional Host, for ultimate reporting and remittance by such Professional Host to the Tax Authority (“Pass-Through Tax Feature”). Such Professional Hosts using the Pass-Through Tax Feature will be solely responsible for informing Dream Villas about the correct Occupancy Tax amount to be collected from the Guest in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. Dream Villas does not assume any liability for the failure of a participating Professional Host to comply with any applicable tax reporting or remittance obligations. The amount of Occupancy Taxes, if any, collected and remitted by Dream Villas will be visible to and separately stated to both Guests and Professional Hosts on their respective transaction documents. Where Dream Villas is facilitating Collection and Remittance, Professional Hosts are not permitted to collect any Occupancy Taxes being collected by Dream Villas relating to their Accommodations in that jurisdiction.
13.5 You agree that any claim or cause of action relating to Dream Villas's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Dream Villas in connection with facilitation of Collection and Remittance, if any. Guests and Professional Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Dream Villas from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 Dream Villas reserves the right, with prior notice to Professional Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Professional Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Dream Villas Platform. In connection with your use of the Dream Villas Platform, you will not and will not assist or enable others to:
14.2 You acknowledge that Dream Villas has no obligation to monitor the access to or use of the Dream Villas Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Dream Villas Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Dream Villas in good faith, and to provide Dream Villas with such information and take such actions as may be reasonably requested by Dream Villas with respect to any investigation undertaken by Dream Villas or a representative of Dream Villas regarding the use or abuse of the Dream Villas Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Dream Villas by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Dream Villas terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Dream Villas Account as a Professional Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Dream Villas Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, Dream Villas may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 Dream Villas may immediately, without notice, terminate this Agreement and/or stop providing access to the Dream Villas Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Dream Villas believes in good faith that such action is reasonably necessary to protect the personal safety or property of Dream Villas, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Dream Villas may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Dream Villas Account registration, Listing process or thereafter, (iv) you and/or your Listings or Professional Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Dream Villas otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Dream Villas believes in good faith that such action is reasonably necessary to protect the personal safety or property of Dream Villas, its Members, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Dream Villas and an opportunity to resolve the issue to Dream Villas's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Dream Villas Account or any of your Member Content. If your access to or use of the Dream Villas Platform has been limited or your Dream Villas Account has been suspended or this Agreement has been terminated by us, you may not register a new Dream Villas Account or access and use the Dream Villas Platform through an Dream Villas Account of another Member.
15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the Dream Villas Platform or Collective Content, you do so voluntarily and at your sole risk. The Dream Villas Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Dream Villas Services, laws, rules, or regulations that may be applicable to your Listings and/or Professional Host Services you are receiving and that you are not relying upon any statement of law or fact made by Dream Villas relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events, other Professional Host Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Professional Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Professional Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Professional Host Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Professional Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Dream Villas from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Professional Host Service or in any way related to your Professional Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Dream Villas Platform and Collective Content, your publishing or booking of any Listing via the Dream Villas Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Professional Host Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Dream Villas nor any other party involved in creating, producing, or delivering the Dream Villas Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Dream Villas Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Dream Villas Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Professional Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Dream Villas has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Professional Hosts pursuant to these Terms or an approved payment request under the Dream Villas Professional Host Guarantee or Japan Professional Host Insurance, in no event will Dream Villas’s aggregate liability arising out of or in connection with these Terms and your use of the Dream Villas Platform including, but not limited to, from your publishing or booking of any Listings via the Dream Villas Platform, or from the use of or inability to use the Dream Villas Platform or Collective Content and in connection with any Accommodation, Experiences, Event,other Professional Host Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Dream Villas Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Professional Host, the amounts paid by Dream Villas to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Dream Villas and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Dream Villas’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Dream Villas’s option), indemnify, and hold Dream Villas and its affiliates and subsidiaries, including but not limited to, Dream Villas Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Dream Villas Platform or any Dream Villas Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Professional Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Dream Villas’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Dream Villas in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. Dream Villas is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Dream Villas’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Dream Villas each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Dream Villas’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and Dream Villas mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Dream Villas Platform, the Professional Host Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Dream Villas agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and Dream Villas each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
19.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Dream Villas agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Dream Villas both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
19.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Dream Villas agree that Dream Villas will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Dream Villas agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
19.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.10 Jury Trial Waiver. You and Dream Villas acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.11 No Class Actions or Representative Proceedings. You and Dream Villas acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Dream Villas both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Dream Villas agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Dream Villas changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Dream Villas’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Dream Villas (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Dream Villas.
19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Dream Villas Platform or terminate your Dream Villas Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Dream Villas Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Dream Villas Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21.1 If your country of residence or establishment is the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
21.2 If your country of residence or establishment is China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Dream Villas may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
21.3 If your country of residence or establishment is outside of the United States and China, these Terms will be interpreted in accordance with British law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the British courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If Dream Villas wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the British courts.
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Dream Villas and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Dream Villas and you in relation to the access to and use of the Dream Villas Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Dream Villas as a result of this Agreement or your use of the Dream Villas Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Dream Villas’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth 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 permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Dream Villas's prior written consent. Dream Villas may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Dream Villas via email, Dream Villas Platform notification, or messaging service (including SMS and WeChat). If your booking is in respect of a Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Dream Villas’s obligations under Article 59 Paragraph 1 of the Japanese Housing Accommodation Business Act.
22.8 If you have any questions about these Terms please email us or contact us.