These Terms contain an arbitration agreement and class action waiver that apply to all claims brought against Your World Hotel in the United States. Please read them carefully.
These Terms of Service (“Terms”) are a binding legal agreement between you and Your World Hotel, Inc. a Delaware corporation, that govern your use of the website, app, and other offerings from Your World Hotel (collectively, the “Your World Hotel Platform”).
The Your World Hotel Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book accommodation structures (“Structures”) and other travel experiences such as ticketed events, car rentals, and flights (“Travel Experiences”). Members who publish and offer Structures are “Accommodations” and Members who publish and offer Travel Experiences are “Service Providers”. Members who search for, book, and/or review Structures or Travel Experiences are “Customers.” Accommodations and Service Providers advertise on the Your World Hotel Platform by creating a “Listing”. You must register an account to access and use many features of the Your World Hotel Platform and must keep your account information accurate. As the provider of the Your World Hotel Platform, Your World Hotel does not own, control, offer or manage any Listings or Structures. Your World Hotel is not a party to the contracts concluded directly between Accommodations/Service Providers and Customers.
1.0 Our Mission.
Your World Hotel is a tech-enabled platform for online, operational and functional management of hotel and accommodation reservations. We connect great travelers with great travel experiences. And unlike our competitors, we do not take any commissions or pay-per-click fees. Accommodations and other Service Providers pay a flat yearly fee for our services.
2.0 Booking on Your World Hotel
2.1 Booking. When you book a Structure or Travel Experience (“Booking”), you are agreeing to pay all charges for your Booking including the Structure price, any applicable fees, and any other items identified during checkout (collectively, “Total Price”).
2.2 Bookings. When you receive the booking confirmation, a contract is formed directly between you and the Accommodation (or you and the Service Provider). The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract.
3.0 Cancellations and Refunds.
3.1 When making a Booking, you agree to the applicable conditions, displayed during the booking process. Cancellation and any other conditions (relating to age requirements, security or security deposits, supplements for group bookings, additional beds, breakfast, pets, accepted cards, etc. ) may be found on our Platform, during the booking procedure, and/or in the confirmation email or ticket (in applicable cases).
3.2 In the event of cancellation, refund, if any, will depend on the conditions of each individual Accommodation or Service Provider.
3.3 Some bookings cannot be canceled for free, while others can only be canceled for free before a deadline.
3.4 If you book a Travel Experience by paying in advance (including all price components and / or a security deposit, where applicable), the Service Provider may cancel the booking without notice if it is unable to collect the balance at the specified date. In this case, any non-refundable payments you have made will only be refunded at its discretion. It is your responsibility to ensure that the payment is made on time (that your bank, debit or credit card details are correct and that there are sufficient funds in your account).
3.5 If you are concerned about not arriving on time, contact the Service Provider and let them know when you plan to arrive so that your booking is not canceled. In case of delay, we will not be responsible for the consequences (for example of the cancellation of the Booking or any extra costs that the Service Provider may charge).
3.6 As the person making the Booking, you are responsible for the actions and behavior (in relation to the Travel Experience) of all members of the group. You are also responsible for obtaining their consent before providing us with their personal data.
3.7 Accommodation/Service Provider Cancellations. As an Accommodation or Service Provider, you agree not to cancel a Booking. If you are unable to complete the Booking under the conditions agreed with the Customer, you agree to find and arrange an alternative Structure or Travel Experience of the same or higher quality at your own expense.
4.0 Payment Processor
We use a third-party payment processor, currently Stripe, (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. We do not control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes.
5.0 Platform Rules.
Rules. You agree to follow these rules and not help or induce others to break or circumvent these rules.
6.0 Term and Termination
6.1 Term. The agreement between you and Your World Hotel reflected by these Terms is effective when you create a profile on the Your World Hotel Platform and remains in effect until either you or we terminate the agreement in accordance with these Terms.
6.2 Termination. You may terminate this agreement at any time by emailing info@yourworldhotel.com, from the email address you used to join, with the subject “Terminate.”
Your World Hotel may terminate this agreement immediately and without notice and stop providing access to the Your World Hotel Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Your World Hotel, its Members, or third parties.
7.0 Modification.
Your World Hotel may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Your World Hotel Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms by deleting your account. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Your World Hotel Platform will constitute acceptance of the revised Terms.
8.0 Disclaimer of Warranties.
We provide the Your World Hotel Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Listing or third party; and (ii) we do not warrant the performance or non-interruption of the Your World Hotel Platform. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
9.0 Limitations on Liability.
Neither Your World Hotel (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Your World Hotel Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Your World Hotel Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Your World Hotel Platform, or (iv) publishing or booking of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Your World Hotel has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Accommodations under these Terms, in no event will Your World Hotel’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Your World Hotel Platform, any Content, or any Accommodation Service, exceed: the amount paid by an Accommodation for the 12-month period that includes the event giving rise to the liability.
These limitations of liability and damages are fundamental elements of the agreement between you and Your World Hotel. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
10.0 Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Your World Hotel’s option), indemnify, and hold Your World Hotel (including other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms) (ii) your improper use of the Your World Hotel Platform, (iii) your interaction with any Member, stay at an Accommodation, and/or participation in a Travel Experience, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
11.0 United States Governing Law and Venue.
These Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration clause of this agreement must be brought in state or federal court in Delaware, unless we both agree to some other location.
12.0 United States Dispute Resolution and Arbitration Agreement.
12.1 Application. This Arbitration Agreement only applies to you if your country of residence or Structure location is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Your World Hotel in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
12.2 Overview of Dispute Resolution Process. Your World Hotel is committed to participating in a consumer-friendly dispute resolution process. Either party may commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
12.3. Agreement to Arbitrate. You and Your World Hotel mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Your World Hotel Platform, Accommodation Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Your World Hotel agree that the arbitrator will decide that issue.
12.4 Exceptions to Arbitration Agreement. You and Your World Hotel each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Your World Hotel Platform or Accommodation Services. You and Your World Hotel agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
12.5 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
12.6 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Your World Hotel agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in the State of Delaware; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
12.7 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Your World Hotel will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
12.8 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
12.9 Jury Trial Waiver. You and Your World Hotel acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
12.10 No Class Actions or Representative Proceedings. You and Your World Hotel acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
12.11 Severability. Except as provided in Section 23.11, in the event that any portion of this Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Agreement will be given full force and effect.
1.0 Accommodation. As an Accommodation, Your World Hotel offers you the opportunity to advertise your Structure with our community of for a flat, annual fee.
1.1 Contracting with Customers. When you accept a booking request or receive a booking confirmation through the Your World Hotel Platform, you are entering into a contract directly with the Customer and are responsible for delivering your Structure under the terms specified in your Listing.
1.2 Independence of Accommodations. You are not an employee, agent, joint venturer, or partner of Your World Hotel. Your World Hotel does not direct, control or physically inspect your Structure.
2.0 Advertising on Our Platform
2.1 Information. The Your World Hotel Platform provides tools that make it easy for you to set up a Listing. Once your payment has been made, you will receive login credentials to create a Listing. The details of your Listing (the “Information”) must include:
The Information may, but does not have to contain, references or links to the Accommodation’s website, social media, and/or mobile apps. The Information must be supplied in a format that complies with our Platform. Failure to provide the required Information in a compliant format, shall be considered a material breach of this Agreement.
2.2 Warranties. You warrant that the Information provided:
You further warrant that you:
3.0 Your Responsibilities. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Structure. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to assist you.
4.0 Taxes and Fees. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Your World Hotel Platform. As an Accommodation, you are responsible for determining and fulfilling any obligations under applicable laws to report, collect, remit, or include in your price any applicable taxes.
5.0 Payments for Bookings. Payments for Bookings will be made by the Customer directly to the Accommodation on our Platform via a Stripe Payment Link.
6.0 Content. You expressly allow Your World Hotel, without any consideration, to use, reproduce, have reproduced, elaborate, distribute, sub-license, exhibit and use (including, without limitation, publicly exhibit, modify, adapt, communicate, reproduce, copy and make available to the public in any way) the Information provided in a Listing (“Content”).Content can be modified or corrected by Your World Hotel and translated into other languages. Any translations of Content will be the exclusive property of Your World Hotel. Your World Hotel will not be liable in any way for Content you provide.
7.0 Ranking Order. Your World Hotel reserves the right to decide, in its sole discretion, the ranking to be attributed to each Structure on the Platform, while guaranteeing visibility to each Structure.
8.0 Nonrefundable Fee for Services. For the use of the service offered by Your World Hotel and the Platform owned by the same, a nonrefundable annual fee equal to € 3,600.00. must be paid to start services and by January 10th each subsequent year.
For clarity, even if all Listings are removed from the Platform, the fee is nonrefundable.
9.0 Material Breach. The following actions will constitute a material breach of this Agreement:
If you are a Business User, the following additional terms will apply to you:
1.0 Business Users. You are a “Business User” for the purposes of these Terms if (i) your place of residence or establishment is within the EEA or the United Kingdom, (ii) you fully meet the definition of a ‘business user’ outlined in Article 2 (1) of Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“Platform to Business Regulation”), and (iii) you have notified Your World Hotel that you are a Business User by adding your business details to your account. You are responsible for keeping your business details accurate and up to date.
2.0 Termination, Suspension and other Measures.
In case we take any measure to terminate your account, you will be given the opportunity to clarify the facts and circumstances leading to such a measure as part of our complaint-handling process.
3.0 Access to Data.
Business Users have access to personal and other data in their Your World Hotel account which is provided by the Business User or generated through the use of the Your World Hotel Platform and which is necessary for the performance of their services as well as aggregated information about searches, bookings and the performance of their listings. Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.
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