Terms and Conditions - Guest

These terms and conditions are the contract between you and Philippine-rentals (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our hosts may also impose additional terms and conditions to which your contract with them will be subject.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to book your accommodation on your behalf.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the services immediately.

 

1.          Definitions

 

“Content”

means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

 

"Post"

means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

 

“Accommodation”

means all of the houses, apartments, villas, condominiums, rooms or similar properties offered for rent through Our Website by a Host.

 

“Host”

means the owner or authorised representative of owner who offers an accommodation for rent on Our Website.

 

“Our Website”

means any website of ours, and includes all web pages controlled by us.

 

“User”

means any person other than you who uses or visits the website for any purpose.

 

"you” “yours” etc,

means you, the party to this agreement.

 

2.          Our contract

2.1.        Philippine-rentals is neither a guest seeking for a rental accommodation nor owner of accommodation offered for rent. We are neither a principal nor agent in a rental             transaction.

2.2.        Philippine-rentals is a marketplace. We are agents of a Host only to the extent of use of Our Website as a platform for renting out accommodation and for collection and forwarding of your money.

2.3.        We welcome any comment or complaint about a Host, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of Philippine-rentals members.

2.4.        We are not responsible for supply of any rental accommodation you booked. Should you decide to cancel your bookings for any reason, our cancellation policy found elsewhere on this Website will be enforced.

2.5.        We are not responsible to you further than to take your money and pass it to the Host.

2.6.        These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.

2.7.        We provide a market place for the supply of rental accommodation. We are in no way responsible for:

2.7.1        your locating and booking a rental accommodation;

2.7.2        your choice of a rental accommodation;

2.7.3        any aspect of the provision of rental accommodation;

2.7.4        refund payment for any booking other than those mentioned in the cancellation policy of our Website;

2.7.5        any complaint about any rental accommodation.

2.8.        In any dispute with a Host, you should deal only with the Host. We have neither legal obligation nor detailed information about the rental agreement between you and the Host.

2.9.        We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.

 

3.          Your account and personal information

3.1.        When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

3.2.        You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

3.3.        You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

 

4.          The Booking procedure

4.1.        Unless it is clear to the contrary, you may assume that every rental transaction is made by the Host in the course of his business.

4.2.        Prices listed on Our Website by Hosts are inclusive of any applicable sales tax.

4.3.        Accommodation may be offered for rent subject to any discount or promotion arranged between Philippine-rentals and the Host.

4.4.        Subject to discounts and promotions, accommodation is offered for rent at a fixed price. GST may be due and will be included in the price.

4.5.        Accommodation will be provided at the dates and places specified in the website or otherwise in terms and conditions of each Host.

4.6.        Once you have booked a rental accommodation made through Our Website, the price cannot be increased for 12 weeks.

4.7.        Neither we nor the Host can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or anything similar.

4.8.        You are required to pay in the currency in which the rental accommodation is listed for rent on Our Website.

4.9.        Every booking will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.

4.10.     For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.

4.11.     To make future use of Our Website easier and faster for you, we will retain the personal information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For details about disclosure of personal information please see our privacy notice.

 

5.          Security of your PayPal and Stripe

We take care to make Our Website safe for you to use.

5.1.        PayPal and Stripe payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your PayPal or Stripe details in a secure environment.

5.2.        We will not store your PayPal or Stripe details in readiness for your next booking.

 

6.          The Philippine-rentals guarantee

To give you the utmost confidence in the Philippine-rentals booking experience, we offer you an after sales guarantee:

6.1.        If the Host fails to supply the rental accommodation on the date of the check-in for which you have paid, we ourselves will refund the total booking value. If you cancel the booking, the cancellation policy set out on Our Website will be enforced.

6.2.        This guarantee is subject to the following conditions:

6.2.1        you must first follow the cancellation policy set out on Our Website;

6.2.2        the maximum payment is the total booking value. We will make the payment to you between 2 to 5 days from the date you cancelled the booking, as provided on Our Website;

6.2.3        the claim form must be completed truthfully and accurately;

6.2.4        you must provide a street address to us.

6.2.5        you must not have requested a charge back from PayPal, Stripe or your credit card company.

6.3.        The guarantee set out in this paragraph is non contractual. We shall operate it at our sole discretion.

 

7.          How we handle your Content

7.1.        Our privacy policy is strong and precise. It complies fully with current law.

7.2.        If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control who sees it or what anyone does with it.

7.3.        Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

7.4.        We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.

7.5.        We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

7.6.        You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.

7.7.        You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be negative or critical.

7.8.        Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

7.9.        You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;

7.10.     You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

7.11.     Please notify us of any security breach or unauthorised use of your account.

7.12.     We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 7.4 above.

 

8.          Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other Users of Our Website and to comply with the law. These provisions apply to all Users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

8.1.        be unlawful, or tend to incite another person to commit a crime;

8.2.        consist in commercial audio, video or music files;

8.3.        be obscene, offensive, threatening, violent, malicious or defamatory;

8.4.        be sexually explicit or pornographic;

8.5.        be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

8.6.        use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;

8.7.        request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;

8.8.        be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;

8.9.        include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

8.10.     facilitate the provision of unauthorised copies of another person's copyright work;

8.11.     link to any of the material specified in this paragraph;

8.12.     use distribution lists that include people who have not given specific permission to be included in such distribution process;

8.13.     send age-inappropriate communications or Content to anyone under the age of 18.

 

9.          Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

9.1.        hyperlinks, other than those specifically authorised by us;

9.2.        keywords or words repeated, which are irrelevant to the Content Posted.

9.3.        the name, logo or trademark of any organisation other than yours.

9.4.        inaccurate, false, or misleading information.

 

10.      Removal of offensive Content

10.1.     For the avoidance of doubt, this paragraph is addressed to any person who visits Our Website for any purpose.

10.2.     We are under no obligation to monitor or record the activity of any User of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

10.3.     If you are offended by any Content, the following procedure applies:

10.4.     Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by email.

10.4.1     we shall remove the offending Content as soon as we are reasonably able;

10.4.2     after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

10.4.3     we may re-instate the Content about which you have complained or we may not.

10.5.     In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

10.6.     You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

 

11.      Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

11.1.     modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

11.2.     link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a User who accessed the site by typing the URL into a standard browser;

11.3.     download any part of Our Website, without our express written consent;

11.4.     collect or use any property listings, descriptions, or prices;

11.5.     collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

11.6.     aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

11.7.     share with a third party any login credentials to Our Website;

11.8.     Despite the above terms, we now grant a licence to you to:

11.8.1     create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

11.8.2     you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

 

12.      Copyright and other intellectual property rights

12.1.     All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our Hosts. It is all protected by international copyright laws.

12.2.     You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

 

13.      Interruption to the Philippine-rentals service

13.1.     We give no warranty that our service will be satisfactory to you.

13.2.     We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other reason. We may do so without telling you first.

13.3.     You acknowledge that our service may also be interrupted for reasons beyond our control.

13.4.     You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Philippine-rentals service.


14.      Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

14.1.     your use of the Philippine-rentals service;

14.2.     the breach or violation of this agreement by you;

14.3.     the infringement by you of any intellectual property or other right of any person or entity;

14.4.     your failure to comply with any law;

14.5.     a contractual claim arising from your use of Our Website and booking of accommodation.


15.      Our disclaimers

15.1.     Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

15.2.     We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.

15.3.     The Philippine-rentas.com Website and Philippine-rentals services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:

15.3.1     of satisfactory quality;

15.3.2     fit for a particular purpose;

15.3.3     available or accessible, without interruption, or without error.

 

16.      Disclaimers about the Service

16.1.     All of the Content on Our Website relating to any Service has been provided by a Host. We do not accept responsibility for the accuracy of any claim or advertisement.

16.2.     We make no representation, warranty or other provision with regard to the Services and you acknowledge that you do not rely on any made by us, but solely on your contract with a Host.

16.3.     So far as concerns accommodation you book through Our Website, we are not liable for:

16.3.1     any booking complying with the requirement of any law or being available;

16.3.2     the Host performing his contract;

16.4.     We give no warranty, representation or undertaking whatever as to the continuing business of a Host or that any accommodation offered for rent by a Host will be useful or suitable for you;

16.5.     You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Host.

 

17.      Miscellaneous matters

17.1.     If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17.2.     For the purposes of the Privacy Act 1988 as amended you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.

17.3.     If you are in breach of any term of this agreement, we may:

17.3.1     publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

17.3.2     terminate your account and refuse access to Our Website;

17.3.3     remove or edit Content, or cancel any order at our discretion;

17.3.4     issue a claim in any court.

17.4.     Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

17.5.     No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

17.6.     When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

17.7.     Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 1 week of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.

17.8.     In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

17.9.     This agreement does not give any right to any third party.

17.10.  We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.

17.11.  In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

17.12.  The validity, construction and performance of this agreement shall be governed by the laws of the State of South Australia.