Welcome to the DominicaHousing.com website (the “Website”). This Website is provided solely to assist hosts and travelers in gathering information about each other for the purpose of providing and securing accommodations in a particular locale, and for no other purposes. The terms “we,” “us,” “our,” and “Dominica Housing” refer to Dominica Housing. The term “you” refers to the customer utilizing, visiting, or acessing the Website, and/or listing or accessing a listing on this Website or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth herein (collectively, the “Agreement” or “Terms of Service”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept these terms of service, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. When using particular services on the Website, you are subject to any posted policies or rules applicable to such services, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
As a condition of your use of this Website, you warrant that:
We provide users with a marketplace for travel accommodation (the "Service"). The Service is provided on an AS-IS basis and without warranties or representations of any kind to the fullest extent permissible pursuant to applicable laws. We assume no responsibility for information posted on this Website by others, including, but not limited to users and advertisers. We also assume no responsibility for the actions of users through the Service or the Website or as a result of their use of the Service or the Website.
You are responsible for any and all costs associated with using the Website or the Service.
WE DO NOT SCREEN POSTINGS OR LISTINGS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION PROVIDED BY A USER OR POSTED ON THIS SITE. USERS SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE SUCH ACTIONS MIGHT BE USED TO HARM, HARASS OR BE USED AGAINST THEM.
WE ARE NOT A PARTY TO THE GUEST/HOST TRANSACTION, ALTHOUGH WE PROVIDE TOOLS, SUCH AS DIRECT CONTACT, THAT ENABLE A USER TO ENTER INTO A TRANSACTION BETWEEN THE GUEST AND THE HOST. AS A RESULT WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF HOSTS TO OFFER THE PROPERTIES LISTED, THE ABILITY OF THE GUESTS TO PAY FOR THE TRANSACTION, DAMAGE TO REAL PROPERTY, DAMAGE OR LOSS OF PERSONAL PROPERTY OR PERSONAL INJURY AS A RESULT OF A STAY. WE CANNOT ENSURE THAT A HOST AND GUEST WILL ACTUALLY COMPLETE A TRANSACTION AND WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE QUALITY, LOCATION, AVAILABILITY, SUITABILITY, OR PRICING OF ANY SPECIFIC PROPERTY.
IN PARTICIPATING IN A TRANSACTION THROUGH THE SERVICE, USERS AGREE TO COMPLY WITH ALL APPLICABLE LAWS.
You are responsible for all activities that occur under your account with us. You agree to protect and safeguard your password and account information against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session. You agree that you will be solely responsible for any loss or damage arising from your failure to comply with this Agreement.
You understand that we do not provide the information on the Website and that all publicly posted or privately transmitted information and/or data, including but not limited to, text, photographs, graphics, messages, images, sounds, emails, comments, feedback, suggestions, ideas or other materials ("Content") are the sole responsibility of the person from which such Content originated. You agree and represent that you are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise use or make available via the Service and this Website. Since we do not control the Content posted on the Website or sent to you from another user of the Website, advertiser, or other third-party, we cannot and do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website and/or the Service, you may be exposed to offensive, indecent or objectionable Content. You agree that we are not liable for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website and/or the Service or actions taken in response or reaction thereto.
You agree not to use the Website and/or the Service for any illegal or inappropriate purpose, and affirmatively represent and warrant:
You acknowledge that we do not pre-screen Content, but Dominica Housing, and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any Content on the site for any reason we deem reasonable, in our sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including any you find on the Website.
We may preserve Content in our sole discretion and we may also disclose such information to third parties to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety or the rights, property and personal safety of our users and the public. We do not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason. You understand that your Content may be transmitted over a number of different networks and people other than those on this Website could gain access to it.
You understand and agree that sending unsolicited email advertisements to other users through the Website’s messaging system is expressly prohibited by this Agreement, and may subject you to civil and criminal penalties.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, as well as all laws relating to accommodations and the use thereof.
You understand that all Content posted on, transmitted through, or linked from the Website is the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Website. You understand that Dominica Housing does not control, and is not responsible for Content made available through the Website, and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on Content created by Dominica Housing or submitted to Dominica Housing or posted on the Website. You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of Dominica Housing, and Dominica Housing does not support or endorse Content (including any contribution, whether or not edited by Dominica Housing or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other Content) posted or submitted by you or any User. Furthermore, the Dominica Housing Website and Content available through the Website may contain links to other websites, which are completely independent of Dominica Housing. Dominica Housing makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and you agree that under no circumstances will Dominica Housing be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website. You acknowledge that Dominica Housing does not pre-screen or approve Content, but that Dominica Housing shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service or on the Website, which violates the letter or spirit of this Agreement or for any other reason. Any or all Content on the Website may be purged periodically in Dominica Housing's sole discretion.
We do not own any of the Content submitted by users of the Website. However, with respect to Content you submit, in any fashion, by any means, and for any purpose, or make available for inclusion on publicly accessible areas of the Website, you grant us the following world-wide, royalty free and non-exclusive, perpetual, transferable, irrevocable license(s), as applicable:
With respect to Content you submit or make available to us, you grant us the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content and the irrevocable right to sub-license the Content with the sub-licensee having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. You grant Dominica Housing and its affiliates and sub-licensees the unconditional right to use your user name and/or other identifying information you submit in connection with the Website and/or promotion of the Website, including but not limited to, attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion.
The Website, Service, and Content available through the Website may contain features and functionalities that may link you or provide you with access to third-party content which is completely independent of the Website, including third-party websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge that we have no control over such sites and resources, and you agree that we are not responsible for the content, functionality, availability, advertising, products, or other materials or services of such sites or any additional links contained therein. The existence of a link on the Website does not constitute or imply an endorsement in any manner whatsoever of such third-party site, service, product, material, or content thereon. You assume full liability, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with your access to, use of, or reliance on any element of such link or third-party site or resource.
Your interactions with organizations and/or individuals found on or through the Website and/or the Service, including users, Guests, and/or Hosts, and including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any user, Guest, and/or Host, or any other party or third-party. We do not control such parties, third-parties, or any other website and are not responsible for their actions, content or the privacy or other practices of any other website.
You agree to pay Dominica Housing for the Total Fees for any booking requested in connection with your Dominica Housing Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Dominica Housing, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once Dominica Housing receives confirmation of your booking from the applicable Host, Dominica Housing will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Dominica Housing cannot control any fees that may be charged to a Guest by his or her bank related to Dominica Housing’s collection of the Total Fees, and Dominica Housing disclaims all liability in this regard. Dominica Housing charges a Facilitation Fee for each transaction. The Facilitation Fee is due and will be charged at time of confirmation and payment. The Facilitation Fee is not refundable under any circumstances whatsoever. In the event the Guest cancels a reservation, for any reason whatsoever, the Facilitation Fee will be deducted from any refund due the Guest. In the event the Host cancels a reservation, for any reason whatsoever, the Host will be liable to Dominica Housing for the Facilitation Fee.
We use Paypal as a third-party payment system. We do not retain any payment card information. Any and all payments or fees charged by third-party service providers such as Paypal shall be borne by the users themselves unless otherwise stated.
Generally, upon confirmation of a transaction, the Guest will pay Dominica Housing and receive a payment code from Dominica Housing. Upon check-in, the Guest will present the payment code it received from Dominica Housing to the Host. The Host will then present the payment code to Dominica Housing, and upon confirmation of the authorized payment code, Dominica Housing will release payment to the Host.
CAUTION – Dominica Housing is not responsible for cancellation policy disputes or any other disputes between Host and Guests. All Hosts are encouraged to conspicuously post in their listing, in clear and unambiguous language, their cancellation policy, if any. In the case that Dominica Housing advises Hosts that a booking cannot be verified, Dominica Housing is not responsible for payment unless the host can send the required verification documents that have been requested by Dominica Housing.
A Host may achieve the status of “Certified Host” upon completing three (3) bookings with positive feedback from Guests. A Host who has completed three (3) bookings and has received positive feedback from Guests may request “Certified Host” status. The status of “Certified Host” is determined by number of bookings that have been completed and positive feedback from Guest users. A Host may also be granted the status of “Certified Host” if short-term rentals are its primary business and they have been in the short-term rental business in excess of one (1) year. The designation of “Certified Host” may be discontinued by Dominica Housing in general or with respect to a particular Host for any reason or for no reason at the sole discretion of Dominica Housing. Generally, if a “Certified Host” has received negative feedback on more than one occasion, the status designation will be removed.
Certified Hosts must conspicuously include a Cancellation Policy in each of their listings. Dominica Housing will abide by a Certified Host’s conspicuously-posted, reasonable Cancellation Policy.
In the event payment is made directly from Guest to Host, Host shall be liable to Dominica Housing for payment of the Facilitation Fee for each occurrence. Failure to promptly remit the Facilitation Fee to Dominica Housing upon the commencement of the subject stay may result in the immediate or subsequent removal of the offending Host’s listing(s) on the Website, at the sole discretion of Dominica Housing, and failure to take such action in one instance shall not act as a waiver of Dominica Housing’s right to take such action at any time.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders, attorneys, joint-ventures, employees, or other partners, harmless from any claim or demand, including attorney's fees, made by (i) any third party due to or arising out of Content you submit, post, transmit or make available to us and (ii) any Guest, Host, or third-party arising out of a transaction or stay arranged via the Website (including, without limitation, for damage to or loss of real or personal property, personal injury, the violation of any law, or the breach of any lease or agreement relating to real property).
You agree not to reproduce, duplicate, copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, sell, resell or exploit for any commercial purpose, or any other purpose, any of the information or services obtained from the Website, including Content.
You acknowledge that we may establish general practices and limits concerning use of our site, including but not limited to matters pertaining to the number and size of emails, time Content and other information will remain on our site, limitations on what Content may be posted and when and how long we will retain it.
We may at any time destroy or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
You acknowledge that Dominica Housing may establish limits concerning use of the Website and/or the Service, including the maximum number of days that Content will be retained by the Service or available on the Website, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Dominica Housing has no responsibility or liability for the deletion or failure to store any Content, maintained or transmitted by the Website. You acknowledge that Dominica Housing reserves the right at any time to modify or discontinue the Website and/or the Service (or any part thereof) with or without notice, and that Dominica Housing shall not be liable to you or to any third party in any manner whatsoever for any modification, suspension or discontinuance of the Website and/or the Service.
You understand and agree that we may terminate your account at any time, if we believe it to be in our best interests or in the best interests of our users.
Your dealings with other users, Guest, Hosts, or advertisers found on or through the Website and/or the Service are solely between you and such other party. You agree that Dominica Housing shall not be responsible or liable for any loss or damage whatsoever incurred as the result of any such dealings. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any user, Guest, Host, advertiser, or any other party or third-party. We do not control such parties, and are not responsible for their actions or inactions in any manner whatsoever.
You acknowledge and agree that the Content and software used by us, as well as the photos, graphics, text and other material appearing on our site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on anything found on our site.
YOU EXPRESSLY UNDERSTAND THAT (EXCEPT WHERE PROHIBITED BY LAW): a) YOUR USE OF THE WEBSITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) WE MAKE NO WARRANTY THAT: (i) THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Dominica Housing, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS ("WE"), SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Dominica Housing'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST Dominica Housing WITH RESPECT TO THE TERMS OF THE WEBSITE OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE Dominica Housing AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE OR THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." IF YOU ARE A RESIDENT OF A STATE WITH ANY SIMILAR LIMITATION ON RELEASES AND WAIVERS OF THIRD PARTIES, YOU HEREBY WAIVE ANY STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT IN THAT STATE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Notices to you may be made via either email or regular mail. We may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Website.
DominicaHousing.com, the DominicaHousing.com logo, trademarks and service marks, and other DominicaHousing.com logos and product and service names are trademarks of Dominica Housing (the "Marks"). You agree not to display or use the Marks in any manner without the prior written permission of Dominica Housing, in each instance.
(a) This Agreement constitutes the entire agreement between you and Dominica Housing and governs your use of the Website and the Service, superseding any prior agreements between you and Dominica Housing. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement and the relationship between you and Dominica Housing shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Dominica Housing agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, First or Second Departments. You acknowledge that Dominica Housing shall have the right to take legal action against you if your actions violate this Agreement to the detriment of Dominica Housing or any of its affiliates. The failure of Dominica Housing to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement to our Customer Service or email [email protected]using.com