Les conditions du client

Les conditions de l'hôte

Lignes directrices de l'hébergement

Guest Terms and Conditions

1. Introduction

(1) The www.travelmob.com website, any subdomain thereof (including: homeaway.asia,

homeaway.com.vn, homeaway.com.sg, homeaway.com.my, homeaway.jp, homeaway.co.kr,
homeaway.co.id, homeaway.co.th, homeaway.com.ph, homeaway.com.cn, homeaway.hk, homeaway.tw,
homeaway.co.in, homeaway.com.co, homeaway.com.ar), and any mobile application for the website
(the “Site”) is operated by Homeaway Emerging Markets Pte Ltd (“HAEM”, “we”, “us” or “our”). HAEM
is a subsidiary of Expedia, Inc. in the United States and part of a group of subsidiaries owned by
Expedia, Inc. (the “HomeAway Group”). You can find out more about the HomeAway Group and how
we share data in the Site’s Privacy Policy.

(2) These terms and conditions (the “Guest Ts&Cs”) together with the Privacy Policy govern the
relationship between HAEM and any individual using or accessing the Site and any of the content or
services available through it as a Guest or potential Guest, and who is not using it in his/her/its
capacity as a property owner or property manager (each, a “Guest” or “you”). Guests include people
who use the Site to access information about and to rent vacation properties. If you wish to list your
property on the Site, you will be required to agree to separate listing terms and conditions.

(3) The Guest Ts&Cs constitute a legally binding agreement between HAEM and the Guest. By
using or accessing the site or HAEM’s platforms or systems, you agree to the Guest Ts&Cs. you
acknowledge that you agree to and are subject to the Guest Ts&Cs as well as our Privacy
Policy. If you do not fully agree to the Guest Ts&Cs, you are not authorised to access or
otherwise use the Site.

(4) HAEM does not authorise anyone to register with this site unless they are able to enter into legally
binding contracts.

(5) HAEM may revise these Guest Ts&Cs at any time by posting an updated version to this web page. You
should visit this page periodically to view the most current Guest Ts&Cs because they are binding on
you.
2. The Basics

(1) This Site is a venue where Guests can view advertising of, and obtain information about, vacation
properties offered for rent (“Accommodations”) by others, including property owners, lessees and
managers, (each, an “Host” and collectively with a Guest, the ‘users’). We may also offer online
booking or other tools or services to allow users to communicate with each other and to enter into
rental agreements or other transactions (collectively, the “Services”).

(2) The Site provides and facilitates a marketplace for Hosts and Guests to meet, arrange for and book
Accommodations and to enter into rental agreements or other transactions directly with each other.
As such, HAEM is not, and does not become, party to any contractual relationship between the Guest
and the Host. HAEM may assist in mediating disputes between Guests and Hosts, but is under no
obligation to do so. This is true even if the Site facilitates booking an Accommodation or the use of
other tools, services or products, as HAEM is not a party to any rental or other agreement between
Guests and Hosts.

(3) HAEM is not an owner or operator of Accommodations, hotels, motels, home-stays, lodgings or
accommodation of any kind. HAEM does not sell, resell, furnish, provide, rent, license, manage or
control Accommodations, hotels, motels, home-stays, lodgings or accommodation of any kind. HAEM
is also not an agent in any capacity for providers or users of Accommodations, hotels, motels, home-
stays, lodgings or any other accommodation of any kind.

3. Identity Verification and experience with other users

(1) We do not confirm any user's purported identity. You are responsible for determining the identity and
suitability of Hosts you may contact by means of the Services. We do not endorse any persons who
use or register for our Services, whether as Hosts or Guests. We do not investigate any user's
reputation, conduct, morality, criminal background or verify the information that any user submits to
the Site. We encourage you to communicate directly with potential Hosts through the tools available
on the Site and to review the profile pages for feedback from other users. If Guests suspect that the
Host has supplied false information, they are invited to notify HAEM through the contact form
(https://support.travelmob.com/customer/fr/portal/emails/new).

(2) You are solely responsible for your interactions with other users of our Services. We are not
responsible for any damage, harm or any other result from your interactions with other users of our
Services. We may but have no obligation to monitor interactions between you and other users of our
Services and to take any other action in good faith to restrict access to or the availability of any
material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent,
harassing or otherwise objectionable.

(3) By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions
or omissions of other users will be limited to a claim against the users who caused you harm. You
agree not to attempt to impose liability on, or seek any legal remedy from HAEM. You release HAEM
from any and all claims, demands, damages (actual, consequential, nominal, punitive or otherwise),
 equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature,
whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or
future, arising out of or in connection with your dealing with Services, your communication or
interaction with other users on the Site or your experience as a Guest or Host.

4. Accommodation Listings and communications with Hosts

(1) Hosts are entirely responsible for all of the information, including images, text and other content,
relating to the Accommodations they offer (“Listings”), for updating them and ensuring (where
relevant) that they are correctly translated. Thus, where a listing is linked to an automated translation
facility, such as Microsoft Translator or Gengo, it is the Host’s responsibility to ensure that the
resulting translation is accurate, and to correct any deficiencies in it.

(2) Messages sent using the HAEM system are available for review by the person to whom it was initially
addressed and to a limited number of HomeAway Group customer service employees, who may be
asked by Hosts or others for their past enquiry information. HAEM also monitor messages from time
to time which are sent using our platforms. HAEM may, from time to time, use third party e-mail
servers to send and track receipt of the enquiry emails, and analyse the pattern of enquiry usage
reported by these third party tracking systems. Our system does not hold messages indefinitely and
they may not be accessible after the message has been delivered to you.

Please print a copy of any message which is important to you – for example a payment receipt
or a booking confirmation.

(3) HAEM has no responsibility for, or involvement in, the communications between the Host and Guest.

5. Registration and establishing an Account

(1) Should Guests wish to use services available to them on the Site, they must register an account with
the Site (an “Account”) and become a Member. HAEM does not authorise anyone to register with Site
unless they are able to enter into legally binding contracts.

(2) To obtain an Account, a Guest must follow all of the instructions given by HAEM during the
registration process. A Guest can sign up for an account using a personal email address or
alternatively can sign up using Facebook login credentials by clicking on Facebook login button on
registration screen. We will create your Account and your profile page based upon the information
you provide to us or which we obtain from third party social networking sites.

(3) You shall not have more than one Account. You agree to provide accurate, current and complete
information during the registration process and to update the information to keep it accurate, current
and complete. HAEM may suspend or terminate your Account and your use of the Services if you
create more than one Account or if any information you provide are inaccurate or false.

(4) The Guest’s Account includes information which is made publicly available to other users of the Site
 and can also be seen by other internet users not registered on the Site, for example, it may show up in
Google search engines.

(5) Guests can deactivate their Account at any time and they can also unlink their Account and public
page from Facebook at any time. Guests can deactivate or unlink their accounts by going directly to
their profile’s settings page. You understand and accept that even if you deactivate your Account data
could be retained by HomeAway Group under the terms of the Site’s Privacy Policy, or Cookie Notice.
You understand and consent to the use of your data as outlined in the Privacy Policy and Cookie
Notice. You also understand and accept that data relating to your transactions with HomeAway Group
could have been transmitted to and remain on other sites, for example Google if Google search
engine technology has copied content from HomeAway Group’s sites or systems.

(6) HAEM also uses Google Analytics to gather statistics on site usage. There are more details in the
Privacy Policy and Cookie Notice and in Google’s own privacy policy. Google may aggregate data they
collect from their various services including Google Analytics, Google Maps and other Google services
including YouTube. You understand and accept that the HomeAway Group has no control over
Google’s data collection.

6. Binding Agreement

(1) If you submit a request to book an Accommodation on the Site, the Host must respond within 24
hours, failing which the booking is automatically cancelled. Once an Host has accepted an offer from a
you to book a Accommodation, HAEM will send you a confirmation of the booking, and a binding
agreement between Guest and Host arises only when HAEM sends the confirmation of booking. For
Hosts who offer the “Instant Booking” option for their Accommodation, any booking request made by
Guests will be immediately confirmed and booking confirmation emails will be sent to both Guests
and Hosts.

(2) The agreement between a Host and a Guest as described above requires the Host to grant a license to
the Guest for the agreed period of the booking. The agreement does not grant or create, and is not an
agreement to grant or create, any lease or similar interest over or in the Accommodation in favour of
the Guest. Accordingly, during the period of the Guest’s stay in the Accommodation, the Guest does
not have exclusive possession of the Accommodation and the Guests’ license to stay in the
Accommodation is subject to the Host’s rights of entry and inspection.

7. Rights and obligations of HAEM

(1) HAEM shall use commercially reasonable efforts to ensure that depictions on the site of the photos of
the Accommodations that Hosts have submitted to HAEM are as true and accurate a representation of
those photos as practicable. However, you acknowledge that deviations from original photos can
occur when scanning non-digital images, and due to individual screen settings.

(2) Further, you also acknowledge that Hosts – and not HAEM – are responsible for the accuracy with
 which the photos depict the relevant Accommodation.

(3) HAEM may occasionally undertake upgrades and maintenance of the site, its platforms and systems.
These works may result in restrictions on the usage. HAEM will, where possible, aim to ensure that
works that cause any such restriction are undertaken at a time when most Guests’ usage is least
affected.

(4) HAEM offers a messaging system which may be used by the Host and Guest for making contact with
one another. Completed enquiry contact forms will be forwarded to the email provided by the Host of
the relevant Accommodation. You acknowledge that unauthorised third parties may misuse the
system and unlawfully intercept or read messages. HAEM is not liable for any such misuse.

(5) You acknowledge that HAEM is not responsible for checking the identity, or for the behaviour, of
Hosts or for establishing the nature, condition or existence of an Accommodation.

(6) HAEM reserves the right to transfer these Guest Ts&Cs, and to assign or subcontract any or all of its
rights and obligations under these Guest Ts&Cs, to a third party but will not do so in such a way as to
reduce any guarantees you are given under these Guest Ts&Cs.

8. Intellectual Property and Related

(1) All content that appears on this site, and the site itself, is protected by copyright and database rights.
Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is
prohibited.

(2) Guests are permitted to download, display or print individual pages of the site to evidence their
agreement with HAEM. The relevant file or the relevant printout must clearly bear the text “©
Copyright 2012 – Present Homeaway Emerging Markets Pte Ltd - All Rights Reserved”.

(3) Where a Guest submits to or transmits through the site or HAEM’s platform or systems any content
of any type, including text or images, the Guest undertakes that he/she has the right to do so, and
has been granted the necessary consent by any persons featured (’model release’) or owners of
featured items (’property release’).

(4) To the extent that Guests’ reviews or other content may contain trademarks or other proprietary
names or marks, Guests undertake that they have the right to do so.

(5) By submitting reviews to the site, Guests authorise HAEM to use them both on the site and in
separately published form.

9. Guests’ Accounts, Communications and Reviews

(1) Guests must provide only accurate and truthful information concerning their identity in their
Accounts and profile pages, and any other communications on the Site, including reviews of
Accommodations.
(2) Guests are required to keep their Account login details secret and not to pass them on to third parties
or allow them to be used to provide shared access, for example over a network. Guests should use a
password which is unique to their use of the Site – they must not use the same password as is used
for another site. HAEM will never ask Guests to disclose these details. If you are contacted by
third parties and asked for Account login details, under no circumstances should you impart
any of those details, but must immediately notify HAEM of the occurrence through the
contact form. In addition, should you notice that your account is being used by an unauthorised
third party, you should immediately report the matter to HAEM through the contact form and change
their password.

(3) Messages sent via HAEM’s systems should only relate to genuine booking enquiries. We do not
tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to
misuse HAEM’s systems, such as by sending unsolicited commercial communications (spam) or
disclosing personal information of users to a third party, unless you have the express permission from
the user. E-mails and site recommendations transmitted via the “Recommend this site” function
should only be sent with the recipient’s consent. You agree that you will protect other users’ personal
information with the same degree of care that you protect your own confidential information (using
at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or
unauthorised transfer of such information.

(4) Guests may post their reviews of Hosts’ Accommodations (“Guest Reviews”) on the site. The Host is
given the opportunity to view Guest Reviews, and to respond to them (a “Host Response”). Guest
Reviews must comply with the following eligibility requirements:

➢ The Guest reviewing a property must be able to provide evidence of stay at that property, which
must be the property displayed on the listing being reviewed.

➢ The Guest must validate his or her identity or email as requested when submitting the review.

➢ A review may be written by any member of the rental party.

➢ Only one member of the rental party for any one stay at a property may write a review.

➢ A Guest may contact Customer Support if he/she wishes to update or remove their review.

➢ The reviewer must be at least 18 years of age.

➢ A Host may not review his/her own property.

(5) Please note that HAEM does not, and realistically does not have the ability to, verify the accuracy or
otherwise of Guest Reviews or Host Responses.

(6) HAEM nevertheless requires all Guest Reviews, Host Responses and other communications using
HAEM’s systems to conform to the Guest Ts&Cs, and may decline to post any of them that HAEM
finds do not comply.

(7) In the event that any Guest Review appears on the site but fails to conform to the Guest Ts&Cs, then
 without prejudice to any other available remedies, HAEM shall be entitled immediately to remove
from the site the relevant non-conforming Guest Review.

(8) HAEM complies with its Privacy Policy. Further details can be obtained from the Privacy Policy. The
Guest consents to the use of his data as outlined in the Privacy Policy. Hosts generally authorise
HAEM to forward the Host’s contact details, including telephone number, to Guests in connection
with an Accommodation booking. Guests may ask for these details to be supplied on production of
proof of the booking; alternatively, these details may be made available to Guests through their
Accounts.

10. Indemnification

You agree to indemnify and hold HAEM and its affiliates in other countries including HAEM Group
(“HAEM Affiliates”) harmless against any claims by third parties brought against HAEM or any HAEM
Affiliate arising out of or in connection with: (a) any material or content you provide to the Site; (b)
your use of any content on the Site; or (c) any breach by you of these Guest Ts&Cs. HAEM will provide
notice to you promptly of any such claims.

11. Prohibitions

The Guest shall not directly or indirectly:

a. With respect to the site, its content, and databases comprised in the site, in any form, whether
by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit,
translate, make publicly accessible or decompile any of the same;

b. Monitor content on the site or HAEM’s platform or systems by means of robots, spiders, or other
automatic instruments; provided, however, that a limited exception from the foregoing exclusion
is provided to general purpose internet search engines (not including any website or search
engine or other service that provides classified listings or property rental adverts, or any subset
of the same or which is in the business of providing vacation property rental services or other
services that compete with the site or HAEM) and non-commercial public archives that use tools
to gather information for the sole purpose of displaying hyperlinks to the Site, provided they
each do so from a stable IP address or range of IP addresses using an easily identifiable agent
and comply with HAEM’s robots.txt file;

c. Use the site or HAEM’s platform or systems for purposes other than those referred to in these
Guest Ts&Cs;

d. Use the site or the tools and services on the site for the purpose of booking or soliciting a rental
for a property other than an Accommodation under a valid Listing;

e. Reproduce any portion of the site on another website or otherwise, using any device including,
but not limited to, use of a frame or border environment around the site, or any other framing
 technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the
site;

f. Upload or send to the site or HAEM’s platform or systems any contents or programs, which on
account of their size or nature, might damage HAEM’s computers or networks;

g. Include content on the site or HAEM’s platform or systems that breaches any applicable criminal
or other laws, or encourages any such breach;

h. Use or access the Site or HAEM’s platform or systems in any way that might endanger any
computer system or network, including by making available any virus (for which purpose, “virus“
includes any program introduced into a system deliberately which carries out a useless and/or
destructive function, such as displaying an irritating message or systematically over-writing the
information on a user's hard disk);

i. Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any
act that may be considered “phishing” (whether primary, secondary or other) or that would give
rise to criminal or civil liability;

j. Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar,
indecent, inflammatory, sexually explicit, pornographic or profane material;

k. Post or transmit any content that:

o may disparage any ethnic, racial, sexual, religious or other group by stereotypical depiction
or otherwise;

o depicts or advocates the use of illegal drugs;

o characterizes violence as acceptable, glamorous or desirable; or

o provides a link to any other websites; or

l. Refer to HAEM or any HAEM Affiliate in any way that might lead someone to believe that the
Guest or any website is sponsored by, affiliated with, or endorsed by HAEM or any HAEM
Affiliate.

12. Right to delete content

Guests are responsible for ensuring that their communications, and content posted, through or in
connection with the site, including Guest Reviews and communications with Hosts, do not infringe
the law, the rights of any person or entity, or contain false information, personal insults, anything
slanderous or defamatory, anything that infringes copyright or data protection law. HAEM may
monitor any data on the Site or HAEM’s platform or systems and delete it or alter it when it is no
longer accurate or up-to-date. Without prejudice to any other available remedies, HAEM shall be
entitled immediately to remove from the site any communications or content that infringes these
 requirements, and to suspend or prevent the usage of any related Account.

13. Termination

(1) We may, in our discretion and without liability to you, with or without cause, with or without prior
notice and at any time: (a) terminate your access to and use of the Services, (b) deactivate or delete
any of your accounts and all related information and files in the accounts and (c) prohibit your access
to any of the files or Services.

14. Payment

(1) HAEM facilitates the payment of Accommodation price, Host fees and Guest service fees.

(2) We charge a service fee to Guests who make a booking through the Site. This service fee supports the
running of the Site and the services we provide to you. Any service fee will be displayed at the time
of booking. Service fees are non-refundable except in the case where an owner/manager cancels a
booking. Payment of a service fee does not guarantee availability of a property.

(3) HAEM provides a feature through which Members may view Accommodation prices and fees in
currencies other than Singapore dollars. Amounts listed in currencies other than Singapore dollars are
for information only and do not represent the exchange rates or amounts applicable to your
payments. All fees are payable in the currency selected by the user.

(4) Payments may be subject to foreign currency processing costs, which are not refundable.

(5) Payment. If you, as a Guest, find a Listing you wish to reserve, you will be asked to your credit card
information and billing address. We will obtain a pre-authorization for the total amount of the stay to
ensure that you have the necessary amount of funds available to cover the transaction, but will not
charge your card at that time. Alternatively we may charge $1 to verify that the card works. If the
Host who posted the Accommodation accepts your offer to rent, your card will be charged the full
balance at the time of acceptance. If the Host fails to respond or accept your offer, any charges will be
refunded and the pre-authorization will be released. The funds will be held by HAEM until you arrive,
and shortly after, will be released to the Host, after deduction of HAEM's service charges.

(6) Cancellation and Refunds. If you, as a Guest, cancel your reservation, HAEM will return the funds to
you in accordance with the applicable cancellation and refund policy. HAEM provides Hosts with a
selection of cancellation and refund policies, from which Hosts will select one for each of their
Listings.

(7) Taxes. You are solely responsible for determining your own taxes arising out of or in connection with
the Services, and you shall account to the relevant authorities for all applicable taxes on the payments
you receive. We cannot and do not offer tax advice to either Hosts or Guests.

(8) Damages. As a Guest, you are responsible for leaving the Accommodation in the condition that it was
 handed over to you. In the event that a Host claims otherwise and provides evidence of damage
and/or loss, including but not limited to photographs and/or signed acknowledgments, you agree to
pay the cost of replacing the damaged and/or lost items with equivalent items. After being notified
of the claim and given 48 hours to respond, the payment will be charged to the credit card on file. If
we are unable to charge the card on file, you will be required to remit payment. If you do not remit
payment, the Host will be entitled and may take such action against you directly as the Host may
deem appropriate.

15. No agency

HAEM is not an agent or representative of any User, whether an Host or a Guest. All agreements,
transactions and other dealings between Users, whether as Hosts, Guests or in any other capacity, are
solely decided by those persons and between those persons only. HAEM is not privy or a party to
these agreements, transactions or other dealings.

16. Third-Party Content

In using the Services, you may deal with content and information from other users or third parties
(Third-Party Content). Third-Party Content may be provided directly through the Services or through
links to third-party websites. We do not control, and have no responsibility for, Third-Party Content,
including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or
otherwise objectionable. You must evaluate the truth of, and bear all risks associated with Third-Party
Content, including the profiles of other Users.

17. Notifications

(1) Messages are to be sent using the contact form or by ordinary post to Homeaway Emerging Markets
Pte Ltd at Unit 17-05, 83 Clemenceau Avenue, Singapore 239920.

(2) Notifications of copyright infringement must contain:

• Your postal address, telephone number and e-mail address

• Precise details about the content in question (insertion of the text or image) including a link to
the website;

• A signed declaration in lieu of an oath, which evidences that you:

o Hold the exclusive rights to use the work;

o Have not authorised the use of the material in question in this form.

18. Liability of HAEM

 In no event will HAEM be liable for any lost profits or any indirect, consequential, special, incidental,
or punitive damages arising out of, based on, or resulting from the site or HAEM’s platform or
systems, any materials or content you submit to the Site, and your use of the Site and/or any
transaction between users, even if HAEM has been advised of the possibility of such damages. These
limitations and exclusions apply without regard to whether the damages arise from breach of
contract, negligence or any other cause of action. If you are dissatisfied with the site or HAEM’s
platform or systems, you do not agree with any part of these Guest Ts&Cs, then your sole and
exclusive remedy against HAEM is to discontinue using the site. Nothing in these Guest Ts&Cs shall
exclude or restrict HomeAway Group’s liability for death or personal injury resulting from its
negligence; nor for HomeAway Group’s fraud or fraudulent misrepresentation.

19. Reporting Misconduct

If you host anyone who you feel has acted inappropriately, violently or dishonestly, you must
immediately report the offending person to the appropriate authorities and then to us at
support@travelmob.com. Your report does not require us to take any action except as required by
applicable law.

20. Applicable law

These Terms are governed by Singapore law. You hereby irrevocably submit to the exclusive
jurisdiction of the Singapore courts.

21. Miscellaneous

(1) These Guest Ts&Cs, and the Privacy Policy contain the entire agreement between HAEM and Guest
relating to their subject matter.

(2) HAEM recommends that you save your own copy of these Guest Ts&Cs in a separate file on your
device or in print-out form.

(3) HAEM’s failure to act with respect to a breach of these Guest Ts&Cs by the Guest or others does not
waive HAEM’s right to act with respect to subsequent or similar breaches.

(4) The headings to the Clauses are for ease of reference only and do not affect the interpretation or
construction of these Guest Ts&Cs.

(5) The invalidity of one or more provisions of these Guest Ts&Cs shall not affect the validity of the other
provisions.

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