Offices in Haarlem, The Netherlands and in the Barcelona-region, Spain
VAT Number NL NL186322902B02
Chamber of Commerce NL58258906
What are Book your wellness service Fees?
To keep the Book your wellness Platform running, we charge some service fees. We aim to keep the fees as low as low as possible.
Fees related to Accommodations
We charge hosts a service fee (including taxes, if applicable) every time a booking is completed. The amount of the host service fee is generally 3%, The host service fee is calculated from the booking subtotal (before fees and taxes) and is automatically deducted from the payout to the Host.
When a reservation is booked, we charge guests a service fee of 12% of the reservation subtotal. Guests see this fee on the checkout page before they book a reservation.
In areas where we’re required to collect VAT, we’ll combine the service fee and VAT amounts on the checkout page, so the service fee may appear to be greater than 12%.
We currently do not charge a guest service fee for booking experiences.
VAT charges on service fees
Depending on the laws of the jurisdiction involved, VAT may be charged on top of the host and guest service fee. The service fee will include these VAT charges when applicable.
Book your wellness’s Nondiscrimination Policy
Book your wellness is a platform dedicated to bringing the world closer together by shared experiences among people from all parts of the world.
The Book your wellness welcomes anybody, no matter who they are, where they come from, how they worship, or whom they love. Book your wellness recognizes that some jurisdictions permit, or require, distinctions among individuals based on factors such as national origin, gender, marital status or sexual orientation, and it does not require hosts to violate local laws or take actions that may subject them to legal liability.
We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our platform. We want to promote a culture on the Book your wellness platform—hosts, guests and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, Book your wellness employees, hosts and guests alike, agree to read and act in accordance with the following policy to strengthen our community and realize that everyone can belong, and feels welcome, anywhere.
Specific Guidance for Hosts in the United States and European Union
As a general matter, we will familiarize ourselves with all applicable federal, state, and local laws that apply to housing and places of public accommodation. Hosts should contact Book your wellness customer service if they have any questions about their obligations to comply with this Book your wellness Nondiscrimination Policy. Book your wellness will release further discrimination policy guidance for jurisdictions outside the United States in the near future. Guided by these principles, our U.S. and EU host community will follow these rules when considering potential guests and hosting guests:
Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status
Book your wellness does not assign a gender identity to our users. We consider the gender of an individual to be what they identify and/or designate on their user profile.
Age and Familial Status
Hosts should make every effort to be welcoming to guests of all backgrounds. Hosts who demonstrate a pattern of rejecting guests from a protected class (even while articulating legitimate reasons) undermine the strength of our community by making potential guests feel unwelcome, and Book your wellness may suspend hosts who have demonstrated such a pattern from the Book your wellness platform.
Specific Guidance for Hosts Outside the United States and European Union
Outside of the United States and the European Union, some countries or communities may allow or even require people to make accommodation distinctions based on, for example, marital status, national origin, gender or sexual orientation, in violation of our general nondiscrimination philosophy. In these cases, we do not require hosts to violate local laws, nor to accept guests that could expose the hosts to a real and demonstrable risk of arrest, or physical harm to their persons or property. Hosts who live in such areas should set out any such restriction on their ability to host particular guests in their listing, so that prospective guests are aware of the issue and Book your wellness can confirm the necessity for such an action. In communicating any such restrictions, we expect hosts to use clear, factual, non-derogatory terms. Slurs and insults have no place on our platform or in our community.
What happens when a host does not comply with our policies in this area?
If a particular listing contains language contrary to this nondiscrimination policy, the host will be asked to remove the language and affirm his or her understanding and intent to comply with this policy and its underlying principles. Book your wellness may also, in its discretion, take steps up to and including suspending the host from the Book your wellness platform.
If the host improperly rejects guests on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, Book your wellness will take steps to enforce this policy, up to and including suspending the host from the platform.
As our community grows, we will continue to ensure that Book your wellness policies and practices align with our most important goal: To ensure that guests and hosts feel welcome and respected in all of their interactions using the Book your wellness platform. The public, our community, and we ourselves, expect no less than this.
Book your wellness thanks Book your wellness for allowing us to use the text of the nondiscrimination policy.
Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Book your wellness Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all users of our platform. If you reside in the United States, this provision applies to all disputes with bookyourwellness.com. If you reside outside of the United States, this provision applies to any action you bring against bookyourwellness.com in the United States. It affects how disputes with bookyourwellness.com are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and bookyourwellness.com (as defined below) governing your access to and use of the Book your wellness platform, including any subdomains thereof, and any other websites through which Book your wellness makes the Book your wellness Services available (collectively, "Site"), our (future) mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, " Book your wellness Services"). The Site, Application and Book your wellness Services together are hereinafter collectively referred to as the “Book your wellness Platform”. Our Host Guarantee Terms, Guest Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the Book your wellness Platform are incorporated by reference into this Agreement.
When these Terms mention “Book your wellness,” “we,” “us,” or “our,” it refers to The Dutch Projects company you are contracting with, based in Malgrat de Mar, Av. Verge Montserrat 46 baja.
If you change your place of residence, the Dutch Projects company you contract with will be determined by your new place of residence as specified above, from the date on which your place of residence changes.
Any and all payment processing services through or in connection with your use of the Book your wellness Platform ("Payment Services") are provided to you by one or more Book your wellness Payments entities (individually and collectively, as appropriate, " Book your wellness Payments") as set out in the Payments Terms of Service ("Payments Terms").
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before preparing food or serving alcohol for sale. Some cities may require a license to guide tours or to sail. Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of 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 Host Service(s) on Book your wellness, you should always seek legal guidance.
Table of Contents
1.1 The Book your wellness 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 “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Book your wellness Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). 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 Book your wellness Platform, Book your wellness does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Book your wellness is not and does not become a party to or other participant in any contractual relationship between Members, nor is Book your wellness a real estate broker or insurer. Book your wellness 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, Book your wellness has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or 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. Book your wellness does not endorse any Member, Listing or 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 Book your wellness 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 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 Book your wellness of any Host or Listing.
1.4 If you choose to use the Book your wellness Platform as a Host or Co-Host (as defined below), your relationship with Book your wellness is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Book your wellness 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 Book your wellness.
1.5 To promote the Book your wellness 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. Book your wellness cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Book your wellness 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 noninfringement.
1.6 The Book your wellness 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. Book your wellness 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 Book your wellness of such Third-Party Services.
1.7 Due to the nature of the Internet, Book your wellness cannot guarantee the continuous and uninterrupted availability and accessibility of the Book your wellness Platform. Book your wellness may restrict the availability of the Book your wellness 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 Book your wellness Platform. Book your wellness may improve, enhance and modify the Book your wellness Platform and introduce new Book your wellness Services from time to time.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Book your wellness Platform or register an Book your wellness Account. By accessing or using the Book your wellness Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 Book your wellness may make the access to and use of the Book your wellness Platform, or certain areas or features of the Book your wellness 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 booking and cancellation history.
2.3 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).
2.4 The access to or use of certain areas and features of the Book your wellness Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Book your wellness 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.
2.5 If you access or download the Application (not yet developed) from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Book your wellness 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.
Book your wellness 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 Book your wellness 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 Book your wellness Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("Book your wellness Account") to access and use certain features of the Book your wellness Platform, such as publishing or booking a Listing. If you are registering an Book your wellness Account for a company 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 Book your wellness 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 Book your wellness Account and your SNS Account at any time, by accessing the "Settings" section of the Book your wellness Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Book your wellness Account and public Book your wellness Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Book your wellness Account unless Book your wellness authorizes you to do so. You may not assign or otherwise transfer your Book your wellness Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Book your wellness Account credentials and may not disclose your credentials to any third party. You must immediately notify Book your wellness 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 Book your wellness Account. You are liable for any and all activities conducted through your Book your wellness 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).
5.1 Book your wellness 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 Book your wellness Platform ("Member Content"); and (ii) access and view Member Content and any content that Book your wellness itself makes available on or through the Book your wellness Platform, including proprietary Book your wellness content and any content licensed or authorized for use by or through Book your wellness from a third party ("Book your wellness Content" and together with Member Content, "Collective Content").
5.2 The Book your wellness Platform, Book your wellness 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 Book your wellness Platform and Book your wellness Content, including all associated intellectual property rights, are the exclusive property of Book your wellness 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 Book your wellness Platform, Book your wellness Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Book your wellness used on or in connection with the Book your wellness Platform and Book your wellness Content are trademarks or registered trademarks of Book your wellness 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 Book your wellness Platform, Book your wellness 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 Book your wellness 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 Book your wellness or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Book your wellness grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the (future) Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Book your wellness Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Book your wellness Platform, you grant to Book your wellness a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Book your wellness Platform, in any media or platform. Unless you provide specific consent, Book your wellness does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 Book your wellness may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words " bookyourwellness.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Book your wellness Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Book your wellness Account is terminated or suspended for any reason. You acknowledge and agree that Book your wellness shall have the right to use any Verified Images in 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 Book your wellness is not the exclusive owner of Verified Images, by using such Verified Images on or through the Book your wellness Platform, you grant to Book your wellness 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. Book your wellness in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Book your wellness 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 Book your wellness 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 Book your wellness Platform or you have all rights, licenses, consents and releases that are necessary to grant to Book your wellness 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 Book your wellness's use of the Member Content (or any portion thereof) 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; (v) promotes illegal or harmful activities or substances; or (vi) violates Book your wellness’s Content Policy or any other Book your wellness policy. Book your wellness may, without prior notice, remove or disable access to any Member Content that Book your wellness finds to be in violation of these Terms or Book your wellness’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Book your wellness, its Members, third parties, or property.
5.9 Book your wellness respects copyright law and expects its Members to do the same. If you believe that any content on the Book your wellness Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6.1 Book your wellness may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Book your wellness 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 Host or Guest prior to publishing or booking a Listing. Book your wellness reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Book your wellness. The applicable Service Fees are due and payable and collected by Book your wellness Payments pursuant to the Payments Terms. Except as otherwise provided on the Book your wellness Platform, Service Fees are non-refundable.
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Book your wellness Platform you must (i) provide complete and accurate information about your 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 Book your wellness. 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) for your Listing and packages (“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 cancellation policy you have selected for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. Book your wellness reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Book your wellness Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.1.6 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 Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.
7.1.7 Book your wellness recommends that Hosts obtain appropriate insurance for their 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 Host Service.
7.2 Listing Accommodations
7.2.1 You may only list 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"). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the Book your wellness Platform. Book your wellness will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Book your wellness is not responsible for administering or accepting any claims by Hosts related to Security Deposits.
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 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 the individuals the Guest invites to the Accommodation, if applicable).
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host, you can book a Listing available on the Book your wellness 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 Book your wellness Account.
8.1.2 Upon receipt of a booking confirmation from Book your wellness, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Book your wellness Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the 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 Host Service if accompanied by an adult who is responsible for them.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the 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 Host.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the 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 Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the 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 Host as a result of such Overstay. Book your wellness Payments will collect Overstay Fees from you pursuant to the Payments Terms. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Book your wellness Platform or direct Book your wellness customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and Book your wellness Payments will provide any refund to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Host under the applicable cancellation policy will be remitted to the Host by Book your wellness Payments pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and Book your wellness may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Book your wellness 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 Host has a valid reason for cancelling the booking pursuant to Book your wellness’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 In certain circumstances, Book your wellness may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Book your wellness 's Extenuating Circumstances Policy or (i) where Book your wellness believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Book your wellness, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.5 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, Book your wellness may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.6 Members may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Book your wellness Account, and Book your wellness Payments will handle all such payments pursuant to the Payments Terms.
10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Book your wellness. Ratings and Reviews are not verified by Book your wellness for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Book your wellness’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 write a positive or negative Review about another Member.
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 Host (and the individuals the Host invites to the Accommodation, if applicable).
11.2 If a 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 Host can seek payment from you through the Book your wellness team.
11.3 Members agree to cooperate with and assist Book your wellness in good faith, and to provide Book your wellness with such information and take such actions as may be reasonably requested by Book your wellness, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Book your wellness Host Guarantee), Experiences, or Co-Host agreements. A Member shall, upon Book your wellness'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 Book your wellness or a third party selected by Book your wellness or its insurer, with respect to losses for which a Member is requesting payment from Book your wellness (including but not limited to payments under the Book your wellness Host Guarantee).
11.4 If you are a Guest or a Co-Host, you understand and agree that Book your wellness 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 an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by Book your wellness under the Book your wellness Host Guarantee). You agree to cooperate with and assist Book your wellness in good faith, and to provide Book your wellness with such information as may be reasonably requested by Book your wellness, 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 Book your wellness may reasonably request to assist Book your wellness in accomplishing the foregoing.
12.1 Book your wellness may, in its sole discretion, round up or round down amounts that are payable from or to Guests or 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, Book your wellness will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, Book your wellness may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, Book your wellness may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000.
12.2 The Book your wellness Platform facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Book your wellness Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.
13.1 As a 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 Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, 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 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 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, Book your wellness may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance these Terms ("Collection and Remittance") if such jurisdiction asserts Book your wellness or 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 Book your wellness (via Book your wellness Payments) to collect Occupancy Taxes from Guests on the Host's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Book your wellness will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Book your wellness is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by Book your wellness relating to their Accommodations in that jurisdiction.
13.5 You agree that any claim or cause of action relating to Book your wellness 's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Book your wellness in connection with facilitation of Collection and Remittance, if any. Guests and 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 Book your wellness from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 Book your wellness reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point 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 Book your wellness Platform. In connection with your use of the Book your wellness Platform, you will not and will not assist or enable others to:
14.2 You acknowledge that Book your wellness has no obligation to monitor the access to or use of the Book your wellness 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 Book your wellness 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 Book your wellness in good faith, and to provide Book your wellness with such information and take such actions as may be reasonably requested by Book your wellness with respect to any investigation undertaken by Book your wellness or a representative of Book your wellness regarding the use or abuse of the Book your wellness 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 Book your wellness by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
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 Book your wellness terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the Book your wellness Platform or by sending us an email. If you cancel your Book your wellness Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Book your wellness 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, Book your wellness 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 Book your wellness may immediately, without notice terminate this Agreement 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) Book your wellness believes in good faith that such action is reasonably necessary to protect the personal safety or property of Book your wellness, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Book your wellness 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 Book your wellness Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Book your wellness 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) Book your wellness believes in good faith that such action is reasonably necessary to protect the personal safety or property of Book your wellness, 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 Book your wellness and an opportunity to resolve the issue to Book your wellness'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 Book your wellness Account or any of your Member Content. If your access to or use of the Book your wellness Platform has been limited or your Book your wellness Account has been suspended or this Agreement has been terminated by us, you may not register a new Book your wellness Account or access and use the Book your wellness Platform through an Book your wellness Account of another Member.
15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Book your wellness Platform or Collective Content, you do so voluntarily and at your sole risk. The Book your wellness 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 Book your wellness Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Book your wellness 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 or other Host Services may carry inherent risk, and by participating in those Host Services, you choose to assume those risks voluntarily. For example, some 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. You assume full responsibility for the choices you make before, during and after your participation in a Host 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 Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Book your wellness from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your 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.
17.1 Unless you reside in the EU, 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 Book your wellness Platform and Collective Content, your publishing or booking of any Listing via the Book your wellness Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service or any other interaction you have with other Members whether in person or online remains with you. Neither Book your wellness nor any other party involved in creating, producing, or delivering the Book your wellness 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 Book your wellness 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 Book your wellness Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Book your wellness 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 Hosts pursuant to these Terms or an approved payment request under the Book your wellness Host Guarantee, in no event will Book your wellness’s aggregate liability arising out of or in connection with these Terms and your use of the Book your wellness Platform including, but not limited to, from your publishing or booking of any Listings via the Book your wellness Platform, or from the use of or inability to use the Book your wellness Platform or Collective Content and in connection with any Accommodation, Experiences, Event or other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Book your wellness Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Book your wellness 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 Book your wellness 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 Book your wellness’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.
17.2 If you reside in the EU, Book your wellness is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Book your wellness is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Book your wellness in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Book your wellness is excluded.
You agree to release, defend (at Book your wellness’s option), indemnify, and hold Book your wellness and its affiliates and subsidiaries, 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 Book your wellness Platform or any Book your wellness Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host 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) Book your wellness’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 you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Book your wellness in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. Book your wellness 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 Book your wellness’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). Specifically, the process provides:
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Book your wellness 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 Book your wellness’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 Book your wellness mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Book your wellness Platform, the Host Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Book your wellness agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and Book your wellness 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 (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, Book your wellness 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 Book your wellness 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 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, Book your wellness 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 Book your wellness 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 Book your wellness acknowledge and agree that 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 Book your wellness 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 this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
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 Book your wellness 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 Book your wellness’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Book your wellness in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
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 Book your wellness Platform or terminate your Book your wellness Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Book your wellness Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Book your wellness 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 you reside in 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 you reside in 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 Book your wellness 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 and/or in Dutch. The arbitral award rendered is final and binding upon both parties.
21.3 If you reside outside of the United States and China, these Terms will be interpreted in accordance with Dutch 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 Irish 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 Book your wellness 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 Irish 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 Book your wellness and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Book your wellness and you in relation to the access to and use of the Book your wellness Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Book your wellness as a result of this Agreement or your use of the Book your wellness 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 Book your wellness’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 Book your wellness's prior written consent. Book your wellness 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 in writing and given by Book your wellness via email, Book your wellness Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Book your wellness transmits the notice.
22.8 If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Book your wellness Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
23 bookyourwellness.com is accessed using the HTTPS protocol which encrypts the data transmitted between a visitor's web browser and bookyourwellness.com. This is accomplished by an SSL certificate. The reason for the increased security is to protect the privacy of a visitor's/customer's transmission of personal, confidential, financial, or billing (credit card) information when making a transaction on a bookyourwellness.com.
If you have any questions about these Terms please email us.
Last Updated: May 19, 2018
Please see Section 10 for contact details of the Data Controllers and Payment Data Controllers listed above.
There are three general categories of information we collect.
1.1 Information You Give to Us.
1.1.1 Information that is necessary for the use of the bookyourwellness.com Platform.
We ask for and collect the following personal information about you when you use the bookyourwellness.com Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
1.1.2 Information you choose to give us.
You may choose to provide us with additional personal information in order to obtain a better user experience when using bookyourwellness.com Platform. This additional information will be processed based on your consent.
1.1.3 Information that is necessary for transferring payments.
Our payment providers need to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
1.2 Information We Automatically Collect from Your Use of the bookyourwellness.com Platform.
When you use the bookyourwellness.com Platform, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the bookyourwellness.com Platform and Payment Services.
1.3 Information We Collect from Third Parties.
bookyourwellness.com may collect information, including personal information, that others provide about you when they use the bookyourwellness.com Platform, or obtain information from other sources and combine that with information we collect through the bookyourwellness.com Platform. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the bookyourwellness.com Platform, create and maintain a trusted and safer environment and comply with our legal obligations.
2.1 Provide, Improve, and Develop the bookyourwellness.com Platform.
We process this information given our legitimate interest in improving the bookyourwellness.com Platform and our users experience with it, and where it is necessary for the adequate performance of the contract with you.
2.2 Create and Maintain a Trusted and Safer Environment.
We process this information given our legitimate interest in protecting the bookyourwellness.com Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your bookyourwellness.com Account.
3.1 With Your Consent.
Where you have provided consent, we might share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your bookyourwellness.com Account or when you participate in promotional activities conducted by bookyourwellness.com partners or third parties.
3.2 Sharing between users.
To help facilitate bookings or other interactions between Users, we may need to share certain information, including personal information, with other users, as it is necessary for the adequate performance of the contract between you and us, as follows:
We don’t share your billing and payout information with other users.
3.3 Profiles, Listings, and other Public Information.
The bookyourwellness.com Platform lets you publish information, including personal information, that is visible to the general public. For example:
Based on our legitimate interest to promote the bookyourwellness.com Platform we may display parts of the bookyourwellness.com Platform (e.g., your Listing page) on sites operated by bookyourwellness.com’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.
Information you share publicly on the bookyourwellness.com Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
3.4 Additional Services by Hosts.
Hosts may need to use third party services available through the bookyourwellness.com Platform to assist with managing their Accommodation or providing additional services requested by you, such as cleaning services or lock providers. Hosts may use features on the bookyourwellness.com Platform to share information about the Guest (like check-in and check-out dates, Guest name, Guest phone number) with such third-party service providers for the purposes of coordinating the stay, managing the Accommodation, or providing other services.
3.5 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.
bookyourwellness.com may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against bookyourwellness.com, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with users, or (v) to protect the rights, property or personal safety of bookyourwellness.com, its employees, its Users, or users of the public.
Where appropriate, we may notify users about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon bookyourwellness.com’s property, its Users and the bookyourwellness.com Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
3.6 Service Providers.
bookyourwellness.com uses a variety of third party service providers to help us provide services related to the bookyourwellness.com Platform. Service providers may be located inside or outside of the European Economic Area.
bookyourwellness.com and the bookyourwellness.com Payments will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
3.7 Sharing information with other partners within the business group
In the future we may share information, as mentioned above with new partners within the business group.
3.8 Social Media Platforms.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the bookyourwellness.com Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
The social media platforms with which we may share your personal data are not controlled or supervised by bookyourwellness.com. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.
Please note that you may, at any time ask bookyourwellness.com to cease processing your data for these direct marketing purposes by sending an e-mail to email@example.com.
3.9 Collection and Remittance of Occupancy Taxes.
In jurisdictions where bookyourwellness.com facilitates the Collection and Remittance of Occupancy Taxes Hosts and Guests, where legally permissible according to applicable law, expressly grant us permission, without further notice, to disclose Hosts’ and Guests’ data and other information relating to them or to their transactions, bookings, Accommodations and Occupancy Taxes to the relevant tax authority, including, but not limited to, the Host’s or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Hosts from Guests, and contact information.
3.10 Government Registration.
In jurisdictions where bookyourwellness.com facilitates or requires a registration, notification, permit, or license application of a Host with a local governmental authority through the bookyourwellness.com Platform in accordance with local law, we may share information of participating Hosts with the relevant authority, both during the application process and, if applicable, periodically thereafter, such as the Host’s full name and contact details, Accommodation address, tax identification number, Listing details, and number of nights booked.
additional relevant information it believes is necessary to safely and quickly address the situation.
3.11 Business Transfers.
3.12 Aggregated Data.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
4.1 Analyzing your Communications.
We may review, scan, or analyse your communications on the bookyourwellness.com Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyse messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyse messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyse your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on bookyourwellness.com's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
4.2 Linking Third Party Accounts.
You may link your bookyourwellness.com Account with your account at a third party social networking service. Your contacts on these third-party services are referred to as “Friends.” When you create this link:
We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
4.3 Google Maps/Earth.
The bookyourwellness.com Platform may contain links to third party websites or services, such as third-party integrations, co-branded services, or third party-branded services (“Third Party Partners”). bookyourwellness.com doesn’t own or control these Third-Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, bookyourwellness.com, or both. These Third-Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
You may exercise any of the rights described in this section before your applicable bookyourwellness.com Data Controller and Payments Data Controller by sending an email to firstname.lastname@example.org. Please note that we may ask you to verify your identity before taking further action on your request.
6.1 Managing Your Information.
You may access and update some of your information through your Account settings. If you have chosen to connect your bookyourwellness.com Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
6.2 Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your bookyourwellness.com Account).
6.3 Data Access and Portability.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
6.4 Data Retention and Erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the bookyourwellness.com Platform to you, you can request that we erase your personal information and close your bookyourwellness.com Account. Please note that if you request the erasure of your personal information:
6.5 Withdrawing Consent and Restriction of Processing.
Where you have provided your consent to the processing of your personal information by bookyourwellness.com you may withdraw your consent at any time by changing your Account settings or by sending a communication to bookyourwellness.com specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of bookyourwellness.com override your own.
6.6 Objection to Processing.
In some jurisdictions, applicable law may entitle you to require bookyourwellness.com and bookyourwellness.com Payments not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing bookyourwellness.com and/or bookyourwellness.com Payments will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask bookyourwellness.com to cease processing your data for these direct marketing purposes by sending an e-mail to email@example.com.
6.7 Lodging Complaints.
You have the right to lodge complaints about the data processing activities carried out by bookyourwellness.com and bookyourwellness.com Payments before the competent data protection authorities.
7.1 Other Means to Ensure an Adequate Level of Data Protection.
If bookyourwellness.com Ireland is the Data Controller and your information is shared with corporate affiliates or third-party service providers outside the EEA, we have - prior to sharing your information with such corporate affiliate or third party service provider – established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission). We will provide further information on the means to ensure an adequate level of data protection on request.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your bookyourwellness.com Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your bookyourwellness.com Account, please contact us following the instructions in the Contact Us section below.