Last Updated Date: Jul 23, 2019
1.1. Dilzzz.com provides an online platform that connects hosts who have accommodations to rent with guests seeking to rent such accommodations as well as a travel review service (collectively, the "Services"), which Services are accessible at www.dilzzz.com (the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "App").
1.3. Failure to use the Site and App in accordance with these Terms may subject you to civil and criminal penalties.
1.4. The Terms constitute a legally binding agreement between you and Secret Deals Ltd. (Hong Kong), the owner of dilzzz.com ("Dilzzz.com", "we", "us" or "our").
1.5. “Content” means text, graphics, images, music, software (excluding the App), audio, video, information, and travel reviews or other materials.
1.6. “Guest” means a Member who requests from a Host a booking of a Listing via the Site, App or Services, or a Member who stays at Rental Property and is not the Host for the associated Listing.
1.7. “Guest Fees” means the fee that Dilzzz.com charges a Guest for the use of its Service, which is calculated as a percentage of the applicable Rental Property Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.
1.8. "Host" means a Member who is permitted by Dilzzz.com to create a Listing via the Site, App and Services.
1.9. “Host Fees” means the fee that Dilzzz.com charges a Host for the use of its Service, which is calculated as a percentage of the applicable Rental Property Fees.
1.10. "Listing" means a Rental Property that is listed by a Host as available for rental via the Site, Application, and Services.
1.11. "Member" means a person who completes Dilzzz.com's account registration process, including but not limited to Hosts and Guests.
1.12. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, App or Services (including Listing descriptions and travel reviews).
1.13. "Rental Property" or "Rental Properties” means residential and other properties.
1.14. “Rental Property Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in a Rental Property. The Host solely, and not Dilzzz.com, determines these amounts. The Host may choose to include in these amounts (i) a cleaning fee or any other fee permitted by Dilzzz.com, or (ii) Taxes that the Host determines that he or she has to collect.
1.15. “Booking request period” means the time period starting from the time when a booking request is submitted by a Guest (as determined by Dilzzz.com in its sole discretion), within which a Host may decide whether to accept or decline that booking request, as stated on the Site, App or Services.
1.16. “Dilzzz.com's Content” means all Content that Dilzzz.com makes available through the Site, App, or Services, including any Content licensed from a third party, but excluding Member Content.
1.17. “Service Fees” means collectively the Guest Fees and the Host Fees.
1.18. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, rental property or lodging taxes, fees (such as convention center fees) that rental property providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
1.19. “Total Fees” means collectively the Rental Property Fees and the Guest Fees (plus any Taxes in respect of Guest Fees, such as VAT in Europe).
2.1. The Site, App and Services can be used to facilitate the listing and booking of Rental Properties. Such Rental Properties are included in Listings on the Site, App and Services by Hosts. You may view Listings as an unregistered visitor to the Site, App and Services; however, if you wish to book a Rental Property or create a Listing, you must first register to create a Dilzzz.com Account (defined below).
2.2. Dilzzz.com provides an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Rental Properties directly with each other. Dilzzz.com is not an owner or operator of any Rental Properties, including, without limitation, hotel rooms, motel rooms, other lodgings, nor is it a provider of real properties. Dilzzz.com does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Rental Properties, including, without limitation, hotel rooms, motel rooms, other lodgings or transportation or travel services. Dilzzz.com solely: (i) facilitates the availability of the Site, App and Services and (ii) collects fees for each Host for the purpose of accepting payments from Guests on behalf of the Host.
2.3. Dilzzz.com is not a party to any rental or other agreement between Guests and Hosts. This is true even if the Site, App and/or Services allow you to book a Rental Property.
2.4. WHEN USING THE SITE, APP AND SERVICES FOR LISTING AND BOOKING RENTAL PROPERTIES, THEY ARE SOLELY TO BE USED TO ENABLE HOSTS AND GUESTS CONNECTING AND BOOKING RENTAL PROPERTIES DIRECTLY WITH EACH OTHER. DILZZZ.COM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY RENTAL PROPERTIES. DILZZZ.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RENTAL PROPERTIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
2.5. You also must register to create a Dilzzz.com Account to use the Site, App and/or Services to post reviews. AS A PROVIDER OF INTERACTIVE SERVICES, DILZZZ.COM DOES NOT CONTROL THE CONTENT, LEGALITY OR SUITABILITY OF ANY REVIEWS ON THE SITE, APP AND/OR THE SERVICES.
2.6. The Site, App and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, App or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, App or Services you represent and warrant that you are 18 or older.
3.1. Dilzzz.com reserves the right, at its sole discretion, to modify the Site, App or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the change on the Site (as defined below) or via the App or provide you with notice of the change. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, App or Services after we have posted a change on the Site or via the App or have provided you with notice of a change, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App and Services.
4.1. In order to access certain features of the Site and App, and to book a Rental Property or create a Listing or post a review, you must register to create an account (“Dilzzz.com Account”) and become a Member. You may register to join the Services directly via the Site or App or as described in this section.
4.2. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (for example, Facebook; and any such account is referred to as a “Third-Party Account”), via our Site or App. As part of the functionality of the Site, App and Services, you may link your Dilzzz.com Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Dilzzz.com through the Site, Services or App; or (ii) allowing Dilzzz.com to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Dilzzz.com and/or grant Dilzzz.com access to your Third-Party Account (including, without limitation, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Dilzzz.com to pay any fees or making Dilzzz.com subject to any usage limitations imposed by such third-party service providers. By granting Dilzzz.com access to any Third-Party Accounts, you understand that Dilzzz.com will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and App via your Dilzzz.com Account and Dilzzz.com Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Dilzzz.com Account on the Site, Services and App. Please note that if a Third-Party Account or associated service becomes unavailable or Dilzzz.com's access to such Third-Party Account is terminated by the third-party service provider, then the SNS Content will no longer be available on and through the Site, Services and/or App. You have the ability to disable the connection between your Dilzzz.com Account and your Third-Party Accounts, at any time, by contacting us via firstname.lastname@example.org. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Dilzzz.com is not responsible for any SNS Content.
4.3. We will create your Dilzzz.com Account and your Dilzzz.com Account profile page for your use of the Site and App based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Dilzzz.com Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. In some cases, in order to confirm your identity, Dilzzz.com may ask you to provide proof of your identity in the form of a driver’s license, passport or similar form of identification. As you are registering for your account online, Dilzzz.com may ask you to upload photos of your form(s) of identification, including a photos of you holding your form(s) of identification next to your face, or request a video conference session. Dilzzz.com reserves the right to suspend or terminate your Dilzzz.com Account and your access to the Site, App and Services if you create more than one (1) Dilzzz.com Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Dilzzz.com Account, whether or not you have authorized such activities or actions. You will immediately notify Dilzzz.com of any unauthorized use of your Dilzzz.com Account.
5.1. As a Member, you may apply to create Listings by contacting our Support Team via email@example.com or by filling Application form on the Site. To create a Listing, you will be asked a variety of questions about the Rental Property to be listed, including, without limitation, the location, capacity, size, features, and availability of the Rental Property and pricing and related rules and financial terms. In order to be featured in Listings via the Site, App and Services, all Rental Properties must have valid physical addresses. Listing will be made publicly available via the Site, App and Services provided it was approved by our Support Team. Dilzzz.com reserves the right to refuse you in creating Listing of your Rental Property without explanation in case it was not approved by our Support Team. Other Members will be able to book your Rental Property via the Site, App and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Rental Property, you may not request the Guest to pay a higher price than in the booking request.
5.2. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's stay at, a Rental Property in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Rental Property included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Dilzzz.com assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Dilzzz.com reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Dilzzz.com, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.
5.3. IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THE ABILITY OF A GUEST PAYING HOSTS FOR SHORT TIME PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED. LOCAL GOVERNMENTS VARY AS TO THEIR ENFORCEMENT OF THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE PLACING A LISTING ON THE SITE, SERVICES OR APP.
5.4. If you are a Host, you understand and agree that Dilzzz.com does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Rental Property and stays at your Rental Property, any agreement you enter into with such Guest is between you and the Guest, and Dilzzz.com is not a party thereto. However, Dilzzz.com serves as agent to the Host solely to collect fees for the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes).
5.5. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Rental Property, including, without limitation, requiring Members to have a profile picture or verified phone number, in order to book your Rental Property. Any Member wishing to book Rental Properties included in Listings with such requirements must meet these requirements. The Host must provide the characteristic features of the Rental Property as precisely as possible. The Rental Property must correspond to the faithful description the Host has made on the Listing.
5.6. If you are a Host, Dilzzz.com makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Rental Property. You acknowledge and agree that, 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 Rental Property at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Rental Property, if applicable). Please be aware that you must provide a safe Rental Property. Otherwise, you may be liable to the Guest for any unsafe Rental Property.
5.7. Dilzzz.com recommends that Hosts obtain appropriate insurance for their Rental Properties and certain countries or locations may require you to have insurance for your Rental Properties. Please review any insurance policy that you may have for your Rental Property carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, without limitation, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Rental Property, if applicable) while at your Rental Property.
6.1. Dilzzz.com does not endorse any Member, any Rental Property or any travel reviews. You understand that Verified Photos (as defined below) are intended only to indicate a photographic representation of the Rental Property at the time the photograph was taken. Verified Photos are therefore not an endorsement by Dilzzz.com of any Member or any Rental Property. Members are required by these Terms to provide accurate information, and although Dilzzz.com may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background. For example, we may, but are not required to, contact Hosts and Guests via telephone and/or email and we may ask the Host for proof of address (utility bill or phone) and/or a copy of their identity card or passport. For a Host to have a ”Verified Photo”, the Host must have one of Dilzzz.com's photographers photograph the Rental Property and/or provide us with a scanned copy of the utility bill (electricity or telephone bill) listing the Host’s name and address. If a Host chooses to have a Dilzzz.com photographer photograph the Rental Property, the photographs taken will be made available to you as the Host to include in your Listing and the photos may include a stamp or mark indicating that they are a “Verified Photo.” All images, materials and content created by these photographers provided by Dilzzz.com, including Verified Photos, constitute Dilzzz.com's Content owned by Dilzzz.com, regardless of whether you include them in your Listing. You acknowledge and agree that, as a Verified Photo is Dilzzz.com's Content, Dilzzz.com’s may use, reproduce and distribute Verified Photos in any manner and in any media now or hereinafter created, as determined by Dilzzz.com in its sole discretion, including, without limitation, inclusion and distribution in advertisements. Availability of Dilzzz.com’s photographers to photograph a Rental Property may be limited, may not be available in all locations and may not be offered to all Hosts. Dilzzz.com does not guarantee that a Dilzzz.com photographer will be available to photograph each location of a Rental Property at any given time or at any time.
6.2. We suggest that all Hosts obtain a “Verified Photo”. This is a security measure that allows us to ensure that the Rental Property actually exists.
6.3. Any references in the Site, App or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Dilzzz.com about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, App and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
7.1. If you are a Host and a booking is requested for your Rental Property via the Site, App and/or Services, you will be required to either accept or decline the booking request within the Rental Request Period, otherwise the booking request will be automatically accepted or declined according to your Auto-response setting.
7.2. When a booking is requested via the Site, App and Services, we will share with you (i) the first name of the Guest who has requested the booking, (ii) a link to the Guest’s Dilzzz.com Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to Dilzzz.com when the Guest became a Member matches the name that the Guest provided to the SNS to which the Guest has linked his or her Dilzzz.com Account, so that you can view such information before accepting or declining the booking request.
7.3. When you accept a booking requested by a Guest, Dilzzz.com will send you an email or message via the App confirming such booking, depending on the selections you make via the Site, App and Services.
7.4. Dilzzz.com will collect the Total Fees at the time of booking confirmation and will initiate payment of the Rental Property Fees (less Dilzzz.com’s Host Fees) to the Host within 5 business days of when the Guest arrives at the applicable Rental Property (except to the extent that a refund is due to the Guest or the Host has not provided Dilzzz.com a tax ID number, if applicable) unless another is agreed between Dilzzz.com and the Host. The time it takes for the Host to receive payouts may depend upon the method for receiving payouts chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
7.5. Before Dilzzz.com initiates payment to a Host, the Host may be asked to provide Dilzzz.com with such Host’s applicable tax ID number in the account registration section of the Site or App if the aggregate payments to the Host exceed $600 in any calendar year for Hosts in the United States or if otherwise required under applicable law. Accordingly, payment may be delayed until such time as the Host provides a tax ID number to Dilzzz.com, if applicable.
7.6. If you owe or agree to pay any amount via Dilzzz.com to Dilzzz.com (whether as a result of your bookings or actions as a Host or otherwise), then Dilzzz.com may (but is not obliged to) withhold the amount owing to Dilzzz.com from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to Dilzzz.com. If Dilzzz.com does so, then your obligation to pay Dilzzz.com will be extinguished to the extent of the amount withheld by Dilzzz.com, and Dilzzz.com will cease to owe to you any obligations (including, without limitation, any obligation to pay you) with respect to the amount withheld.
7.7. Each Host agrees that payment made by a Guest through Dilzzz.com, shall be considered the same as a payment made directly to the Host, and the Host will make the Rental Property available to the Guest in the agreed-upon manner as if the Host has received the Rental Property Fees. Each Host agrees that Dilzzz.com may, in accordance with the cancellation policy set by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund (via Dilzzz.com) to the Guest that portion of the Rental Property Fees specified in the applicable settings of cancellation policy. Each Host understands that as Dilzzz.com accepts payments from Guests and that Dilzzz.com’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Dilzzz.com does not guarantee payments to Hosts for amounts that have not been successfully received by Dilzzz.com from Guests. Dilzzz.com assumes no liability for any acts or omissions of the Host.
7.8. Please note that Dilzzz.com does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that Dilzzz.com reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Dilzzz.com will provide notice of any Listing fee collection via the Site, App and Services, prior to implementing such a Listing fee feature.
8.1. The Hosts, not Dilzzz.com, are solely responsible for honoring any confirmed bookings and making available any Rental Properties reserved through the Site, App and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a Rental Property, you agree and understand that you may be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Rental Property imposed by the Host. You acknowledge and agree that you, and not Dilzzz.com, will be responsible for performing the obligations of any such agreements, that Dilzzz.com is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Dilzzz.com disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Dilzzz.com is not a party to the agreement between you and the Host, Dilzzz.com solely collects fees for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to Dilzzz.com, your payment obligation to the Host for the Rental Property Fees is extinguished, and Dilzzz.com is responsible for remitting the Rental Property Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe, if applicable), in the manner described in these Terms. In the event that Dilzzz.com does not remit any such amounts as described in these Terms, such Host will have recourse only against Dilzzz.com.
8.2. The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either accept or decline the booking request within the Rental Request Period, otherwise the requested booking will be automatically accepted or declined according to Host’s Auto-response setting.
8.3. You as a Guest agree to pay Dilzzz.com for the Total Fees for any booking requested in connection with your Dilzzz.com Account if such requested bookings are confirmed either by the applicable Host or automatically. Once Dilzzz.com receives confirmation of your booking, Dilzzz.com will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Dilzzz.com cannot control any fees that may be charged to a Guest by his or her bank related to Dilzzz.com’s collection of the Total Fees, and Dilzzz.com disclaims all liability in this regard.
9.1. Hosts may elect to require security deposits for their Listings (“Security Deposits”). If applicable, a Listing will describe the required Security Deposit for the applicable Rental Property. If a Security Deposit is included in a Listing for a confirmed booking of a Rental Property, the Guest will be responsible for paying the applicable Security Deposit directly to the Host. Dilzzz.com will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Dilzzz.com is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
10.1. In consideration for the use of certain parts of the Services, App and/or Site, Dilzzz.com charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Host Fees and Guest Fees. Dilzzz.com deducts the Host Fees from the Rental Property Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees.
10.2. Payouts will be remitted by Dilzzz.com to Hosts via direct deposit or other payment methods described on the Site or via the App, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, App and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.
10.3. Please note that Dilzzz.com may impose or deduct foreign currency processing costs on or from any payments or payouts by Dilzzz.com in currencies other than U.S. dollars, Euro and GBP. More information on any such costs or deductions will be available via the Site and App. Except as otherwise expressly provided herein, Service Fees are non-refundable (for example, Total Fees are refundable to Guests when a Host cancels as set forth below in the “Host Cancellations” Section).
11.1. If, as a Guest, you revoke your requested booking before the requested booking is accepted by a Host, Dilzzz.com will cancel amounts that may have been charged to your payment method in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, App and Services, either prior to or after arriving at the Rental Property, the cancellation policy settings of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Rental Property Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host.
12.1. Hosts can set their own cancellation policy using settings in dedicated section of Host’s Dashboard.
12.2. Once the booking is confirmed, the cancellation policy settings cannot be modified by the Host or the Guest. Dilzzz.com will not refund any commissions or fees, regardless of the cancellation policy set by the Host. The first day of the confirmed arrival date will begin at 00h00 local time in the area where the Rental Property is situated.
12.3. If the stay is interrupted, by the decision of the Guest, the guest will not be entitled to a refund.
13.1. To process a cancellation, there are two options available. The first is to login to your Dilzzz.com account, select My Journeys, and then Upcoming Journeys. find the booking, and click Cancel Booking.
13.2. Alternatively, you can contact the Dilzzz.com support team by sending an email to firstname.lastname@example.org. Any cancellations need to be done in a timely manner so all parties involved will be informed, including Dilzzz.com, and that the best possible solutions are made available.
14.1. If a Guest suffers a valid “accommodation issue,” Dilzzz.com agrees, in its sole discretion, to either use reasonable efforts to find another Rental Property or provide the Guest with a refund, the amount of which will be determined by the nature of the accommodation issue. The amount of the refund shall be made in the sole discretion of Dilzzz.com. A valid accommodation issue includes:
14.2. Prior to submitting a request for a refund, a Guest must first use reasonable efforts to remedy the issue with the Host. In addition, the Guest cannot have caused, directly or indirectly, the accommodation issue.
14.3. In order to submit a claim for a refund, a Guest most notify Dilzzz.com Support Team within 24 hours of the start of the booking and cooperate with Dilzzz.com's request for information, including supplying photographs or other evidence to validate the accommodation issue.
15.1. If a Host cancels a confirmed booking made via the cancel link on the Site, Services, and App, (i) Dilzzz.com will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the notice of cancellation and (ii) Dilzzz.com’s Support Team will use reasonable efforts to propose alternative Listings to the Guest. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Dilzzz.com the Total Fees relating to the confirmed booking for the Rental Property in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Dilzzz.com, please contact Dilzzz.com at email@example.com.
15.2. If, as a Host, you cancel a confirmed booking, Dilzzz.com may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
15.3. In certain circumstances, Dilzzz.com may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, App and Services. You agree that Dilzzz.com and the relevant Guest or Host will not have any liability for such cancellations or refunds.
16.1. Dilzzz.com 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 (e.g. to the nearest supported currency, currently AUD, CHF, HKD, SGD, USD, EUR, THB, RUB, UAH and GBP); for example, Dilzzz.com will round up an amount of $104.50 to $105.00, and $105.49 to $105.00.
16.2. Some currencies are denominated in large numbers. In those cases, Dilzzz.com may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Dilzzz.com to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
16.3. We will use reasonable measures to try to correct any payment processing errors that we become aware of after you report an error in writing to us.
17.1. If a Host indicates that they will donate a portion of the funds they receive from confirmed bookings made via the Site or App, the Host is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising for a particular cause or charity. We are not responsible or liable for whether the Host does in fact make the donation he or she pledged to make.
18.1. Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold Taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Hosts, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US Hosts with at least one Listing in the US. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Host and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
18.2. You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant Tax Authority (as defined below) any Taxes included or received by you. Dilzzz.com cannot and does not offer Tax-related advice to any Members.
18.3. Where applicable, or based upon request from a Host, Dilzzz.com may issue a valid VAT invoice to such Host.
18.4. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Rental Property is located may require Taxes to be collected by Hosts from Guests on the amount paid for the right to use and/or occupancy of rental properties, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Rental Property Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, "Occupancy Taxes").
18.5. In certain jurisdictions, Dilzzz.com may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of and in-lieu of Hosts, if such tax jurisdiction asserts Dilzzz.com or Hosts have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate collection and remittance of Occupancy Taxes, whether you are a Guest or Host you hereby instruct and authorize Dilzzz.com to collect Occupancy Taxes from Guests on behalf of and in lieu of Hosts at the time Rental Property Fees are collected, and to remit such Occupancy Taxes to the relevant Tax Authority. When Dilzzz.com facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, Dilzzz.com will provide notice to existing Hosts with Listings for Rental Properties in such jurisdictions. The amount of Occupancy Taxes collected and remitted through facilitation by Dilzzz.com, if any, will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Guests and Hosts agree that in any jurisdiction where Dilzzz.com facilitates collection and remittance of Occupancy Taxes on behalf of and lieu of Hosts, such Hosts are not permitted to also collect and/or remit such taxes on any portion of the Rental Property Fees. Hosts and Guests acknowledge and agree that in some jurisdictions, Dilzzz.com may not be able to facilitate collection and remittance of Occupancy Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and remittance of Occupancy Taxes to the Tax Authority in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Rental Properties. For any jurisdiction in which we facilitate collection and remittance of Occupancy Taxes, Hosts and Guests expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions to the relevant Tax Authority.
18.6. Whether you are a Guest of Host, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by Dilzzz.com in connection with collection and remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected 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 Dilzzz.com from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
19.1. Any actual or potential agreement or transaction between Members, including a Guest and Host, including the quality, condition, safety or legality of the Rental Properties or travel reviews displayed, the truth or accuracy of the travel reviews or Listings (including the content thereof or any review relating to any Rental Property), the ability of Members to rent a property or the ability of Members to contract for properties are solely the responsibility of each Member. If you have a dispute with another Member, you must resolve the dispute directly with the Member. Dilzzz.com may, but is not required to, assist in resolving any disputes between Members.
19.2. As a Guest, you are responsible for leaving the Rental Property in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and you are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Rental Property.
19.3. In such situations where you have caused damages, you agree to immediately remit payment for any damage to the Rental Property to the applicable Host.
19.4. If you are a Guest, you understand and agree that Dilzzz.com reserves the right, in its sole discretion, to 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 or to a Rental Property or any personal or other property located at a Rental Property. You agree to cooperate with and assist Dilzzz.com in good faith, and to provide Dilzzz.com with such information as may be reasonably requested by Dilzzz.com, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, without limitation, executing documents and taking such further acts as Dilzzz.com may reasonably request to assist Dilzzz.com in accomplishing the foregoing.
20.1. Dilzzz.com’s online platform facilitates bookings between Guests and Hosts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Dilzzz.com platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location. Currently the Dilzzz.com platform supports pricing and payments in AUD, CHF, HKD, SGD, USD, EUR, THB, RUB, UAH and GBP.
20.2. Each foreign currency conversion is processed at a foreign currency conversion rate for the amount of one currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time.
21.1. “Display Currency” means the currency in which users view Listing prices on the Dilzzz.com platform. Guests may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies (currently AUD, CHF, HKD, SGD, USD, EUR, THB, RUB, UAH and GBP.).
21.2. “Booking Currency” means the currency in which a Guest has to pay for his or her booking. At the time the Guest submits a booking request, the Dilzzz.com platform will select the Booking Currency, based on the Guest’s country of origin and the payment methods available for that country. Dilzzz.com supports only a certain number of currencies as Booking Currencies (currently AUD, CHF, HKD, SGD, USD, EUR, THB, RUB, UAH and GBP.). The Booking Currency for a booking may be different from the relevant Listing Currency.
21.3. “Listing Currency” means the currency in which a Listing’s price is set. The Listing Currency is set by the Host.
21.4. “Payout Currency” means the currency in which a Host’s payout will be paid to the Host. The Payout Currency is determined by the Host’s location (only for supported currencies, currently, AUD, CHF, HKD, SGD, USD, EUR, THB, RUB, UAH and GBP.).
21.5. “Base Exchange Rate” means a system-wide rate used by Dilzzz.com for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Dilzzz.com. Dilzzz.com establishes the Base Exchange Rate using data from one or more third parties.
21.6. “Adjusted Exchange Rate” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Dilzzz.com for its holding costs and foreign currency risks.
21.7. Dilzzz.com will process a foreign currency conversion in certain situations as determined by Dilzzz.com.
21.8. When you as a Guest submit a booking request for a Listing, you may be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you may be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.
21.9. Dilzzz.com updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, Dilzzz.com does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
21.10. Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Dilzzz.com. As a Host, you acknowledge and agree that third-party payment processor and/or bank or wire transfer fees may be deducted from payouts to Hosts.
22.1. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or App. Dilzzz.com reserves the right to ban any such activity.
22.2. You may not probe, scan or test the vulnerability of the Site, App or any network connected to the Site or App, nor breach the security or authentication measures on the Site, App or any network connected to the Site or App. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or App, or any other customer of Dilzzz.com, or exploit the Site or App or any service or information made available or offered by or through the Site or App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site or App.
22.3. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Dilzzz.com on or through the Site or App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
22.4. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, App, Services and Materials. In connection with your use of the Site, App, Services and Materials, you may not and you agree that you will not:
22.5. Dilzzz.com has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
22.6. Dilzzz.com may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Dilzzz.com or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Dilzzz.com , its users, or members of the public. You acknowledge that Dilzzz.com has no obligation to monitor your access to or use of the Site, App, Services or Materials or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, App and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Dilzzz.com reserves the right, at any time and without prior notice, to remove or disable access to any Materials that Dilzzz.com, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.
24.1. The Site, App, Services, and Materials are protected by copyright, trademark, and other laws of the Hong Kong Special Administrative Region of the People's republic of China and foreign countries. You acknowledge and agree that the Site, App, Services and Materials, including all associated intellectual property rights, are the exclusive property of Dilzzz.com and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App, Services, or Materials. All trademarks, service marks, logos, trade names and any other proprietary designations of Dilzzz.com used herein are trademarks or registered trademarks of Dilzzz.com. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
25.1. Subject to your compliance with the terms and conditions of these Terms, Dilzzz.com grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Dilzzz.com Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
25.2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, App, Services, or Materials, except 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 Dilzzz.com or its licensors, except for the licenses and rights expressly granted in these Terms.
26.1. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content (such as travel reviews). By making available any Member Content on or through the Site, App and Services, you hereby grant to Dilzzz.com a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, App and Services. Dilzzz.com does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
26.2. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, App and Services or you have all rights, licenses, consents and releases that are necessary to grant to Dilzzz.com the rights in such Member Content, as contemplated under these Terms; (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Dilzzz.com’s use of the Member Content (or any portion thereof) on, through or by means of the Site, App and the Services 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; and (iii) your Member Content and your postings will not defame any person, business, location or property.
27.1. This Site, App and Services may be linked to other sites that are not Dilzzz.com sites. Dilzzz.com is providing these links to you only as a convenience, and Dilzzz.com is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. You will need to make your own independent judgment regarding your interaction with these sites.
28.1. Any feedback, suggestions or the like regarding the Services that you provide at this Site or through the App (“Feedback”) shall be deemed to be non-confidential. Dilzzz.com shall be free to use such Feedback on an unrestricted basis. You hereby irrevocably and perpetually grant to Dilzzz.com a royalty-free, fully-paid up license to use, reproduce, prepare derivative works of, modify, publicly perform, publicly display, make, have made, sell and offer to sell Feedback alone or as incorporated in any Dilzzz products or services.
29.1. Only the intellectual property rights owner or the owner's authorized agent is permitted to report potentially infringing materials through Dilzzz.com’s reporting system set forth below. If you are not the intellectual property rights owner or the owner's authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
Notification: Dilzzz.com respects the intellectual property rights of others, and we require you to do the same when interfacing with the Site and/or App.
29.2. Member Content and unauthorized use of any Materials or Third Party Content contained on the Site and/or App may violate applicable laws and regulations. You agree to indemnify and hold Dilzzz.com and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) that Dilzzz.com or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site and/or App or the use of the Site and/or App by any person using your user name and/or password (including without limitation, your Member Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
29.3. Dilzzz.com may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site and/or App for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site and/or App, please provide Dilzzz.com’s designated agent the following information:
R1602 16/F Everprofit Comm Bldgs 36 Ko Shing Street Sheung Wan, Hong Kong
By e-mail: firstname.lastname@example.org
29.4. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
30.1. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Dilzzz.com Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Dilzzz.com Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, App, Services, your Dilzzz.com Account, your Member Content, or receive assistance from Dilzzz.com Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Rental Properties with other Hosts that may be available on the Site, App and Services, and (f) you will not be entitled to any compensation for bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Dilzzz.com Account. We also may remove all of your Member Content, such as travel reviews. You may cancel your Dilzzz.com Account at any time by contacting our Support Team via email@example.com. Please note that if your Dilzzz.com Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, App and Services, including, without limitation, any reviews or Feedback.
31.1. YOU UNDERSTAND AND AGREE THAT DILZZZ.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS DILZZZ.COM A REAL ESTATE BROKER, AGENT OR INSURER OR BANK ESTABLISHMENT. DILZZZ.COM HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APP AND SERVICES OR ANY RENTAL PROPERTIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
31.2. IF YOU USE THE SITE, APP, SERVICES OR MATERIALS, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT DILZZZ.COM IS NOT OBLIGATED TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APP, SERVICES, MATERIALS AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DILZZZ.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DILZZZ.COM MAKES NO WARRANTY THAT THE SITE, APP, SERVICES, MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RENTAL PROPERTIES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DILZZZ.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RENTAL PROPERTIES, YOUR ACCRUAL OF DILZZZ.COM TRAVEL CREDITS, THE SERVICES OR MATERIALS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MATERIALS OBTAINED THROUGH THE SITE, APP, SERVICES OR REFERRAL PROGRAM.
31.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DILZZZ.COM OR THROUGH THE SITE, APP, SERVICES OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
31.4. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APP OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT DILZZZ.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APP OR SERVICES OR TO REVIEW OR VISIT ANY BUSINESSES OR PLACES REVIEWED IN A TRAVEL REVIEW OR ANY RENTAL PROPERTIES. DILZZZ.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APP OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APP OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APP OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY DILZZZ.COM. DILZZZ.COM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
31.5. By using the Site, App or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Dilzzz.com with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any travel reviews, bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Dilzzz.com regarding the remittance of payments received from a Guest by Dilzzz.com on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
32.1. 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 SITE, APP, SERVICES AND MATERIALS, TRAVEL REVIEWS, LISTINGS OR BOOKING OF ANY RENTAL PROPERTIES VIA THE SITE, APP AND SERVICES, OR VIEWING OF TRAVEL REVIEWS, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF DILZZZ.COM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER DILZZZ.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APP, SERVICES, MATERIALS OR THE REFERRAL PROGRAM 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APP, SERVICES OR MATERIALS, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APP, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY RENTAL PROPERTY VIA THE SITE, APP AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DILZZZ.COM 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.
32.2. IN NO EVENT WILL DILZZZ.COM'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APP AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM ANY TRAVEL REVIEWS, LISTINGS OR BOOKING OF ANY RENTAL PROPERTY VIA THE SITE, APP AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APP, SERVICES, OR MATERIALS AND IN CONNECTION WITH ANY RENTAL PROPERTY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APP AND SERVICES 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 DILZZZ.COM 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 DILZZZ.COM 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.
33.1. You agree to indemnify, defend and hold Dilzzz.com 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 (a) your access to or use of the Site, App, Services, or Materials or your violation of these Terms; (b) your Member Content or reliance on Member Content; (c) your (i) interaction with or disputes with any Member, (ii) booking of a Rental Property, or (iii) creation of a Listing; (d) the use, condition or rental of a Rental Property by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Rental Property.
34.1. If you stay with or host anyone who you feel 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 must immediately report such person to the appropriate authorities and then promptly (no later than twenty-four (24) hours after reporting to authorities) to Dilzzz.com by contacting us with your police station and report number at firstname.lastname@example.org; 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.
35.1. Definitions. As used in this Arbitration Provision, the terms “Dilzzz.com,” “we,” “us,” and “our” refer to Secret Deals Limited., including its subsidiaries and agents; the terms “you” and “your” refer to you as an individual and any legal entity you control, work for, or represent when you access or use the Products. The word “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Site, App and/or Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.
35.2. Governing Law. If you are contracting with Secret Deals Limited, these Terms are governed by the laws of Hong Kong Secial Administrative Region of the People's republic of China (without regard to its conflicts of law provisions).
35.3. Informal Efforts to Resolve Dispute. If a dispute arises between you and Dilzzz.com, you should first attempt to resolve it by contacting our Support Team at email@example.com or by sending the details of your complaint, including your contact information for a response, to the address or fax number listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.
35.4. Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein.
35.5. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and terms of this Agreement as a court would. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions and private attorney general actions are not permitted.
35.6. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY DILZZZ.COM IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING OR FAXING AN OPT-OUT REQUEST TO OUR SUPPORT CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH DILZZZ.COM, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SITE, APP AND/OR SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
36.1. The failure of Dilzzz.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
36.2. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Dilzzz.com. 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.
36.3. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
36.4.These Terms constitute the entire and exclusive understanding and agreement between Dilzzz.com and you regarding the Site, App, Services, Materials, and any travel reviews, bookings or Listings of Rental Properties made via the Site, App and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Dilzzz.com and you regarding bookings or listings of Rental Properties, the Site, App, Services, Materials and travel reviews.
36.5. You may not assign or transfer these Terms, by operation of law or otherwise, without Dilzzz.com’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Dilzzz.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
36.6. Any notices or other communications permitted or required hereunder, including those regarding changes to these Terms, will be in writing and given by Dilzzz.com (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.