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Thank you for using Property Plateau Holiday Homes!

These Terms of Service (“Terms”) are a binding legal agreement between you and Property Plateau Holiday Homes that govern the right to use the websites, applications, and other offerings from Property Plateau Holiday Homes (collectively, the “Property Plateau Holiday Homes Platform”). When used in these Terms, “Property Plateau Holiday Homes,” “we,” “us,” or “our” refers to the Property Plateau Holiday Homes entity set out on Schedule 1 with whom you are contracting.

The Property Plateau Holiday Homes Platform enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions, and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). As the provider of the Property Plateau Holiday Homes Platform, Property Plateau Holiday Homes (or its affiliates) does not own, control, offer or manage any Listings or Host Services. Property Plateau Holiday Homes is not a party to the contracts entered into directly between Hosts and Guests, nor is Property Plateau Holiday Homes a real estate broker, travel agency, or insurer. Property Plateau Holiday Homes is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Property Plateau Holiday Homes’s role see Section 15.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Property Plateau Holiday Homes payment entities (collectively “Property Plateau Holiday Homes Payments”).

 

Guest Terms

1.1 Searching.

You can search for Host Services by using criteria like the type of Host Service, type of listing, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more. Learn more about search results in our Help Center.

 

1.2 Booking.

When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Property Plateau Holiday Homes’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the Host for their Listing, the price displayed to you is based on a currency conversion rate determined by us. You are also agreeing that Property Plateau Holiday Homes via Property Plateau Holiday Homes Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in Section 14) amounts.

When you receive the booking confirmation, a contract for Host Services (a “Reservation”) is formed directly between you and the Host. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.

 

1.3 Accommodation Reservations.

An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) permitted by applicable law. If you stay past checkout, the Host has the right to make you leave in a manner permitted with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.

 

1.4 Reservations for Experiences and Other Host Services.

An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Experience or Host Service. Except where expressly authorized, you may not allow any person to join an Experience or Host Service unless they are included as an additional guest during the booking process.

 

  1. Cancellations, Reservation Issues, Refunds and Booking Modifications.

2.1 Cancellations, Reservation Issues, and Refunds.

In general, if you cancel a Reservation, the amount refunded to you is determined by the Host’s cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Major Disruptive Events Policy. If the Host cancels, or you experience a Reservation Issue (as defined in our Rebooking and Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the Rebooking and Refund Policy. Different policies apply to certain categories of Listings; for example Experiences Reservations are governed by the Experiences Guest Refund Policy. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation.  You may appeal a decision by Property Plateau Holiday Homes by contacting our customer service.

 

2.2 Booking Modifications.

Guests and Hosts are responsible for any booking modifications they agree to make via the Property Plateau Holiday Homes Platform or direct Property Plateau Holiday Homes customer service to make on their behalf (“Booking Modifications”), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

 

  1. Your Responsibilities and Assumption of Risk.

3.1 Your Responsibilities.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”), or any Experience or other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

 

3.2 Your Assumption of Risk.

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Property Plateau Holiday Homes Platform and any Content (as defined in Section 9), including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, 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 Host Services.

 

Host Terms

 

  1. Hosting on Property Plateau Holiday Homes.

4.1 Host.

 

As a Host, Property Plateau Holiday Homes offers you the right to use the Property Plateau Holiday Homes Platform in accordance with these Terms to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.

 

4.2 Contracting with Guests.

When you accept a booking request, or receive a booking confirmation through the Property Plateau Holiday Homes Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Property Plateau Holiday Homes’s service fee (and applicable guest taxes) for each booking. Property Plateau Holiday Homes Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

 

4.3 Independence of Hosts.

Your relationship with Property Plateau Holiday Homes is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Property Plateau Holiday Homes, except that Property Plateau Holiday Homes Payments acts as a payment collection agent as described in the Payments Terms. Property Plateau Holiday Homes does not direct or control your Host Service, and you understand that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.

 

  1. Managing Your Listing.

5.1 Creating and Managing Your Listing

The Property Plateau Holiday Homes Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Host Services and we suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. Any offer of an Experience is subject to our Additional Terms for Experience Hosts.

 

5.2 Know Your Legal Obligations.

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

 

5.3 Search Results.

The ranking of Listings in search results on the Property Plateau Holiday Homes Platform depends on a variety of factors, including these main parameters:

Guest search parameters (e.g. number of Guests, destination, time and duration of the trip, price range),

Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, length of time the Listing has been live on the Property Plateau Holiday Homes Platform, Guest engagement and popularity),

Guest experience (e.g. customer service and cancellation history of the Host, ease of booking),

Host and Listing requirements (e.g. minimum or maximum nights, booking cut-off time), and

Guest preferences and history (e.g. previous trips, viewed and saved Listings, location from where the Guest is searching).

Search results may be different on our mobile application than on our website, and may also differ in the map view. Property Plateau Holiday Homes may allow Hosts to promote their Listings in search or elsewhere on the Property Plateau Holiday Homes Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center.

 

5.4 Your Responsibilities.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Property Plateau Holiday Homes Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Property Plateau Holiday Homes Platform in violation of our Off-Platform Policy.

 

5.5 Hosting as a Team or Organization.

If you work with a co-host or host as part of a team, business, or other organization, you are responsible and liable as a Host under these Terms for the acts and omissions of each entity and individual who participates in providing your Host Services and you are responsible for informing personnel engaged by you to deliver any Host Services of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Property Plateau Holiday Homes to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

 

5.6 Your Assumption of Risk.

You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Property Plateau Holiday Homes Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Property Plateau Holiday Homes Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Property Plateau Holiday Homes.

 

  1. Cancellations, Reservation Issues, and Booking Modifications.

6.1 Cancellations and Reservation Issues.

In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our Major Disruptive Events Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Reservation Issue (as defined by the Rebooking and Refund Policy), (ii) a Major Disruptive Event arises, or (iii) a Reservation is canceled under Section 12 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Property Plateau Holiday Homes exceeds your payout, Property Plateau Holiday Homes (via Property Plateau Holiday Homes Payments) may recover that amount from you, including by deducting the refund against your future payouts. You agree that Property Plateau Holiday Homes’s Rebooking and Refund Policy, Major Disruptive Events Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Host an Experience please note that the Experience Cancellation Policy, Experiences Guest Refund Policy and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation.

 

6.2 Booking Modifications.

Hosts and Guests are responsible for any Booking Modifications they agree to make via the Property Plateau Holiday Homes Platform or direct Property Plateau Holiday Homes customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

 

  1. Taxes.

7.1 Host Taxes.

As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”).

 

7.2 Collection and Remittance by Property Plateau Holiday Homes.

In jurisdictions where Property Plateau Holiday Homes facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Property Plateau Holiday Homes to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Property Plateau Holiday Homes are identified to Members on their transaction records, as applicable. Property Plateau Holiday Homes may seek additional amounts from Members (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Property Plateau Holiday Homes is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

 

7.3 Tax Information.

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Property Plateau Holiday Homes may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting.

 

General Terms

  1. Reviews.

After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms, applicable law, or our Content Policy or Review Policy. Reviews are not verified by Property Plateau Holiday Homes for accuracy and may be incorrect or misleading.

 

  1. Content.

Parts of the Property Plateau Holiday Homes Platform enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Property Plateau Holiday Homes a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Property Plateau Holiday Homes Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Property Plateau Holiday Homes (including its affiliates) pays for the creation of Content or facilitates its creation, Property Plateau Holiday Homes (including its affiliates) may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Property Plateau Holiday Homes (including its affiliates) the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Property Plateau Holiday Homes may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Property Plateau Holiday Homes does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

 

  1. Fees.

Property Plateau Holiday Homes may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Property Plateau Holiday Homes Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Any applicable fees are disclosed to Guests before making a Booking. Except as otherwise provided on the Property Plateau Holiday Homes Platform, service fees are non-refundable. Property Plateau Holiday Homes reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.

 

  1. Property Plateau Holiday Homes Platform Rules.

11.1 Rules.

You must follow these rules and must not help or induce others to break or circumvent these rules.

Act with integrity and treat others with respect

Do not lie, misrepresent something or someone, or pretend to be someone else.

Be polite and respectful when you communicate or interact with others.

Do not attempt to evade enforcement of these Terms, our Additional Legal Terms, Policies, or our Standards, such as by creating a duplicate account or listings.

Follow our Nondiscrimination Policy and do not discriminate against or harass others.

Do not scrape, hack, reverse engineer, compromise or impair the Property Plateau Holiday Homes Platform

Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Property Plateau Holiday Homes Platform.

Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Property Plateau Holiday Homes Platform or Content.

Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Property Plateau Holiday Homes Platform.

Do not take any action that could damage or adversely affect the performance or proper functioning of the Property Plateau Holiday Homes Platform.

Only use the Property Plateau Holiday Homes Platform as authorized by these Terms or another agreement with us

You may only use another Member’s personal information as necessary to facilitate a transaction using the Property Plateau Holiday Homes Platform as authorized by these Terms.

Do not use the Property Plateau Holiday Homes Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.

You may use Content made available through the Property Plateau Holiday Homes Platform solely as necessary to enable your use of the Property Plateau Holiday Homes Platform as a Guest or Host.

Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.

Do not request, make, or accept a booking or any payment outside of the Property Plateau Holiday Homes Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.

Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by Property Plateau Holiday Homes.

Do not engage in any practices that are intended to manipulate our search algorithm.

Do not book Host Services unless you are actually using the Host Services.

Do not use, copy, display, mirror or frame the Property Plateau Holiday Homes Platform, any Content, any Property Plateau Holiday Homes branding, or any page layout or design without our consent.

Honor your legal obligations

Understand and follow the laws that apply to you, including privacy, data protection, and export laws.

If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.

Read and follow our Terms, Additional Legal Terms, Policies, and Standards.

Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein.

Do not use the name, logo, branding, or trademarks of Property Plateau Holiday Homes or others without permission, and only as set forth in our Trademark Guidelines.

Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any Property Plateau Holiday Homes trademarks, logos or branding. See our Trademark Guidelines for additional details.

Do not offer Host Services that violate the laws or agreements that apply to you.

Do not offer or solicit prostitution or participate in or facilitate human trafficking.

 

11.2 Reporting Violations.

If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Property Plateau Holiday Homes. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Property Plateau Holiday Homes. If you reported an issue to local authorities, Property Plateau Holiday Homes may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

 

11.3 Copyright Notifications.

If you believe that Content on the Property Plateau Holiday Homes Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

 

  1. Termination, Suspension and other Measures.

12.1 Term.

The agreement between you and Property Plateau Holiday Homes reflected by these Terms is effective when you access the Property Plateau Holiday Homes Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

 

12.2 Termination.

You may terminate this agreement at any time by sending us an email or by deleting your account. Property Plateau Holiday Homes may terminate this agreement and your account for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Property Plateau Holiday Homes may also terminate this agreement immediately and without notice and stop providing access to the Property Plateau Holiday Homes Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Property Plateau Holiday Homes, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

 

12.3 Member Violations.

If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Property Plateau Holiday Homes believes it is reasonably necessary to protect Property Plateau Holiday Homes, its Members, or third parties; Property Plateau Holiday Homes (or its affiliates) may, with or without prior notice:

suspend or limit your access to or use of the Property Plateau Holiday Homes Platform and/or your account;

suspend, remove, disable access to, or restrict visibility of Listings, Reviews, or other Content;

cancel pending or confirmed bookings; or

suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Property Plateau Holiday Homes (or its affiliates) determines in its sole discretion, you will be given notice of any intended measure by Property Plateau Holiday Homes and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.

 

12.4 Legal Mandates.

Property Plateau Holiday Homes may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 12.3.

 

12.5 Effect of Termination.

If you are a Host and terminate your Property Plateau Holiday Homes account, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Property Plateau Holiday Homes Platform has been limited, or your Property Plateau Holiday Homes account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Property Plateau Holiday Homes Platform through an account of another Member.

 

12.6 Survival.

Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 25.

 

  1. Modification.

Property Plateau Holiday Homes may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Property Plateau Holiday Homes Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the Property Plateau Holiday Homes Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Property Plateau Holiday Homes Platform will constitute acceptance of the revised Terms.

 

  1. Resolving Complaints and Damage Claims.

If a Member provides valid evidence that you, your guest(s), or your pet(s) have:

 

(i) damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation owner is not also the Host), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in; or

 

(ii) caused loss of booking income for bookings via the Property Plateau Holiday Homes Platform or other consequential damages which result directly from the damage caused under (i) above; or

 

(iii) otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee (each of (i), (ii), and (iii) being a (“Damage Claim”),

 

the complaining Member can notify Property Plateau Holiday Homes and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Property Plateau Holiday Homes and Property Plateau Holiday Homes determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Property Plateau Holiday Homes via Property Plateau Holiday Homes Payments can collect the amount of the Damage Claim from you. You agree that Property Plateau Holiday Homes may seek to recover from you under any insurance policies you maintain and that Property Plateau Holiday Homes may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Property Plateau Holiday Homes requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.

 

  1. Property Plateau Holiday Homes’s Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Property Plateau Holiday Homes, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Property Plateau Holiday Homes (or its affiliates) has the right, but does not have any obligation, to monitor the use of the Property Plateau Holiday Homes Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Property Plateau Holiday Homes Platform (including 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) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Property Plateau Holiday Homes administers its Additional Legal Terms, Policies (such as our Major Disruptive Events Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Property Plateau Holiday Homes (or its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the Property Plateau Holiday Homes Platform. Property Plateau Holiday Homes is not acting as an agent for any Member except for where Property Plateau Holiday Homes Payments acts as a collection agent as provided in the Payments Terms.

 

  1. Member Accounts.

You must register an account to access and use many features of the Property Plateau Holiday Homes Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Property Plateau Holiday Homes Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Property Plateau Holiday Homes if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

 

17.1 Assignment.

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Property Plateau Holiday Homes’s prior written consent. Property Plateau Holiday Homes may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

 

17.2 Force Majeure.

Property Plateau Holiday Homes shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

17.3 Emails and SMS.

You will receive administrative communications from us using the email address or other contact information you provide for your Property Plateau Holiday Homes account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Property Plateau Holiday Homes account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.