Terms of Use

A. Background

1. We, The Plum Guide of 39a Underwood Street, Islington, London N1 7LG, are the operator of the website www.plumguide.com.

2. The website is a platform which showcases, and allows Plum Guide Members to book, a collection of the world's most professional, creative and inspiring spaces.

3. These terms apply to Plum Guide Members, as well as anyone who accesses our website.

4. Please note that these terms are in addition to our terms that apply to Plum Guide Members who reserve accommodation through our website (guests) and to Plum Guide Members who are hosts of accommodation (hosts). There may also be further documents that guests and hosts are required to enter into.

5. The most important thing for you to remember is that the website is a platform aiming to connect guests with hosts. We are not a party to any rental contract between a guest and a host, and we are not an owner or operator of any of the accommodation listed on our website. Whilst we will try to ensure that all guests are fine up-standing citizens and all hosts provide the accommodation in the magnificent state that you see before you, ultimately we are not responsible for any of their actions or inactions.

6. Although everyone always skips reading them, these terms of use are important and so should be read thoroughly.

7. We may change these terms of use at any time, and you will be notified by our posting new terms on our website. By continuing to use our website, you are expressly agreeing to the terms of use in operation at that time.

B. Becoming a Plum Guide Member

1. In order to become a Plum Guide Member (and therefore be able to list or rent accommodation through our website), you will need to create an account with us.

2. You will be asked to provide us with certain registration information – please make sure it is true and accurate – and we will send you an email confirmation once your account has been opened.

3. Only people over the age of 18 can create and account and become a Plum Guide Member. Also, please do not create more than one account with us - it's not big and it's not clever and we will terminate all your associated accounts.

4. If you choose a username and/or password during the account sign-up process, please keep it confidential and do not disclose it to anyone else.

C. Charges, fees and payments

1. Currently, there is no fee payable for becoming a Plum Guide Member (wahey!), but certain fees are payable in relation to our service (we have to feed our families somehow):

a. The Accommodation Charges: these are the charges that we collect from guests on behalf of hosts for the renting of the hosts' accommodation and any additional services that have been ordered. The amount will be set out in the relevant Booking Confirmation. These are set out in paragraphs B and J of the Guest/Host and Host/Plum Agreements respectively.

b. The Security Deposit: this is the amount that is deducted from guests' payment cards as a deposit against any damage caused to the relevant accommodation during each guest's stay. The amount will be set out in the relevant Booking Confirmation and is applied as set out in paragraphs C3 and C4 of the Guest/Host Agreement. We do only deduct the security deposit on a successful claim by the host.

c. The Plum Service Fee: this is the fee that we charge to guests for the provision of our service. This is a percentage of the Accommodation Charges, will be set out in the Order Confirmation and is described further in paragraph B5 of the Guest/Host Agreement.

d. The Host Service Fee: this is the fee that we charge to hosts for the provision of our payment collection and distribution services. It is described further in paragraph J2 of the Host/Plum Agreement.

2. When, as a guest, you are required to provide us with payment card details, you must be the holder of that card or expressly authorised by the holder to use the card for the intended purpose. You agree to pay all charges incurred by you or any users of your account at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your bookings and notified to you.

3. You acknowledge and agree that if we take any payments from you, we are doing so as an agent acting on behalf of the host and as the merchant on record for taking payments.

4. If you notify us that you have found accommodation you booked through The Plum Guide for a cheaper per-night accommodation fee on another website or platform, we will seek to recover from the host and seek to pay to you the monetary difference between the per-night accommodation fee you paid via The Plum Guide and the cheaper price, plus £50 compensation (each of which we shall pay to you).

5. We may round up or round down amounts that are payable from or to guests or hosts, as reasonably necessary.

6. If you are a guest and are due a refund under the host's chosen cancellation policy (as set out in the Order Confirmation), we will pay that refund to you within 14 days after we receive notice of cancellation, provided that we have retained or are able to collect the relevant monies from the host. Please note that neither we, nor any host, will be responsible for any additional fees, costs or expenses that you have incurred in relation to a cancelled booking (including travel costs or event tickets). You are therefore strongly advised to take out adequate travel insurance to cover any booking you make via The Plum Guide.

7. Guests shall be responsible for paying any hotel or tourist tax (or equivalent) that may be payable in relation to the rental of the relevant accommodation under applicable law.

D. Cancelling your Plum Guide Membership

1. You may cancel your registration with us (and therefore your Plum Guide Membership) at any time by sending an email to info@plumguide.com.

2. We may suspend or terminate your registration (and therefore your Plum Guide Membership), by sending you an email, if you have breached these terms of use (or we suspect you have done so).

3. Please note that cancelling your membership will not entitle you to any refund in relation to accommodation that you have booked and paid for prior to the date of any cancellation or termination.

4. Once you cancel your registration with us, we have no obligation to return any information that you provided to us (including any profile you may have on our website).

5. For the avoidance of doubt, this section D does not apply to members who are hosts.

E. Content-related provisions

1. We, or our licensors, own all rights in our website and all content that is made available through our website, including all text and images in relation to the featured accommodation (digital content). This includes all intellectual property rights.

2. In consideration of you agreeing to abide by the terms of these terms of use, we grant you a non-transferable, non-exclusive licence to use our website and the digital content for your non-commercial use. We reserve all other rights.

3. You agree not to: (i) copy any element of our website or digital content; (ii) make alterations to, or modifications of, the whole or any part of our website or the digital content, or permit our website or any part of it to be combined with, or become incorporated in, any other programs; (iii) use any element of our website or the digital content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms of use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, in our website; (iv) publish any defamatory, indecent, misleading, discriminatory or offensive content on our website; (v) disclose any sensitive or personal information about another person; (vi) impersonate any person; (vii) use our website or digital contact to find a host and then complete a booking of their accommodation independent of our website, in order to circumvent the obligation to pay the Plum Service Fee; (viii) directly advertise to other Plum Guide Members without our consent (although you acknowledge that we may serve personalised advertisements when you visit our website); (ix) use any data mining, data gathering or data extraction tools to collect user names, e-mail addresses or any other data from our website for any purpose; or (x) infringe our intellectual property rights or those of any third party in relation to your use of our website or the digital content.

4. To the extent that our website provides a platform for third party applications, websites and services or links to third party websites, you acknowledge and agree that we are not responsible for the features or content contained within, or made available to you by, any third party application, service or link.

F. Access to and use of our website

1. Whilst we endeavour to make our website available 24 hours a day, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. We may also modify our website from time to time without notice to you.

2. You are not entitled to use any data mining, data gathering or data extraction tools to collect user names, e-mail addresses or any other data from our website for any purpose.

3. If we make available functionality which allows you to provide a review for use on our website, you agree that: (i) the review represents your honestly-held belief; (ii) we have the right to use that review on our website or other media platforms, and modify its content, at our discretion; (iii) we have the right to attribute that review to your username; and (iv) we may remove the review from our website at any time and in our sole discretion. We disclaim any and all liability, to the extent permitted by applicable law, in relation to any reviews on our website.

4. We want nice people to be Plum Guide hosts. However, we do not check their identities or backgrounds (including, for example, whether they have a criminal record) so, if you are a guest, please do your own due diligence.

G. Liability

1. Our website and the digital content are provided "as is" and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or our digital content, whether express or implied. In particular (but without limitation) we exclude any warranty as to the reliability or accuracy of any of the digital content.

2. Nothing in these terms of use shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) our fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by English law. However, to the extent permitted by law and subject to paragraph 3 below: (a) our maximum liability to you (whether in contract, tort, negligence, misrepresentation or under any other legal head of liability) in relation to your use or inability in use or delay in use of any element of our website and any digital content shall be limited to: (AA) the total monies paid by the Plum Guide Member in respect of the relevant accommodation via our service (where the Plum Guide Member is, notwithstanding the exclusions set out in these Terms of Use or the Guest/Host Agreement, bringing a claim against us in relation to the provision or non-provision of specific accommodation); or (BB) £1 (in relation to all other claims which may be made against us by a Plum Guide Member or any other visitor to our website); and (b) we shall not have any liability to you (whether in contract, tort, negligence, misrepresentation or under any other legal head of liability) for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of profits (whether direct or indirect); (iii) loss of reputation; (iv) loss of, damage to or corruption of, data; (v) the conduct or misconduct of any guest or host; or (vi) any losses caused to a guest or host under the Guest/Host Agreement, including any damage or injury suffered by a host, guest or any member of a guest's party; in each case whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses.

3. Our liability to Plum Guide Members in their capacity as hosts shall be as set out in the Host/Plum Agreement.

H. General

1. In the event of any dispute between a host and a guest, please follow the complaints procedure set out in section I of the Guest/Host Agreement.

2. We process information about you in accordance with our privacy policy. By using our website, you consent to such processing and warrant that all data provided by you is accurate.

3. We do not guarantee that our website will be secure or free from bugs or viruses. You must not: (i) misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; (ii) attempt to gain unauthorised access to our website, the server(s) on which our website is stored or any server, computer or database connected to our website; or (iii) attack our website via a denial-of-service attack or a distributed denial-of service attack. In short, don't be naughty.

4. We may notify you by using the email address that you provided to us in the account registration stage.

5. We may monitor, review, respond or delete any message that has been communicated on our messaging platform, whether they be from a guest to a host, or a host to a guest.

6. Each paragraph (and sub-paragraph) of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining paragraphs (or sub-paragraphs) will remain in full force and effect.

7. These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

8. To contact us, please email: info@plumguide.com

I. The Plum Guide Referral Program Terms & Conditions

1. The Plum Guide Host Referral Program allows onboarded Plum Guide hosts (a "Plum Host") to earn £50 every time they refer a friend who makes a confirmed booking on The Plum Guide. The friend must be a first-time Plum Guide guest. To participate, Plum Hosts must agree to these terms, which become part of The Plum Guide Terms of Service. Capitalized terms that are not defined here will have the same meaning given to them in The Plum Guide Terms of Service.

2. How to Earn Referral Cash

Plum Hosts can earn cashback if: (i) a referred friend, who has not previously made a confirmed booking on Plum, uses their unique promo code to create a valid Plum account that complies with our Terms of Service; and (ii) the referred friend makes a confirmed, Qualifying Booking as a guest; and (iii) the referred friend checks in to their booking.

The referring Plum Host will be notified of a code activation within 7 days, and credited with £50 for each referral within 7 days of the guest checking in to the booked property. Hosts may earn an unlimited amount of cashback per account.

3. Qualifying Booking

A Qualifying Booking must have a total value of at least £200. It must be booked and paid for via The Plum Guide platform, and the referred friend must actually check in to the home on the booked date before the Plum Host can receive cashback.

4. Sharing Promo Codes

The codes are uniquely for sharing with friends and contacts who are new to The Plum Guide. Promo codes should not be shared with existing Plum Guide members, or in correspondence on The Plum Guide platform with potential guests who have already signed up to Plum. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal contacts (such as coupon websites, Reddit, or Wikipedia).

5. Referred Friends

Referred friends that have signed up and had a booking confirmed using a valid promo code will receive £50 off their first confirmed booking.

6. Multiple Referrals

A referred friend may only use one referral code. If the initial booking request(s) is/are declined, they may still use the code until they have a booking confirmed. If a referred friend receives referral links from multiple Plum Hosts, only the Plum Host whose unique code is used by the referred friend will receive the cashback.

7. Multiple promotions

The code cannot be used in conjunction with other promotions.

Forgotten codes

If a new Plum member makes a booking and forgets to use their promo code, The Plum Guide cannot reimburse the difference at a later stage on the request of the guest.

8. Severability

If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

9. Termination and Change

The Plum Guide may suspend or terminate the Referral Program or a host's ability to participate in the Referral Program at any time for any reason. We reserve the right to suspend accounts or remove discounts and cashbacks if we notice any activity that we believe is abusive or fraudulent. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals as deemed fair and appropriate.

10. Updates to the Terms

We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the plumguide.com website, applications, or services, which are effective upon posting. Continued participation in the Referral Program after any modification shall constitute consent to such modification.

J. The Plum Guide Best Price Guarantee

We check the prices of all our Homes every day to make sure you pay unbeatably low prices when you book with us. We are so confident that you won't find it cheaper that, if you do, we'll not only match it, but also give you £50 off.

1. If you find a better price elsewhere

a. Contact our Concierge team with details of the cheaper offer before you make the booking.

b. Include a link to the listing, your trip dates and number of guests.

c. The lower price you find needs to be like for like - the same home, dates, length of stay, currency, including all taxes, fees and charges

d. Our Concierge team will look into your claim and get back to you that same day with details on how to proceed.

e. Claims can only be accepted by email, accompanied by sufficient evidence of the Lower Price (in the form of a screen shot).

2. Best Price Guarantee does not apply where

a. The Lower Online Price is made as a part of a package or any promotion with a third party (including, but not limited to, promotions with newspapers, exhibitions or other special events); or

b. the Lower Online Price is not published and is not available to the general public. These include, but are not limited to: corporate rates, staff rates, consolidator rates, wholesaler rates, student rates, closed user group rates and rates where the carrier details are not known until after the purchase; or

c. the Lower Online Price has been discounted by the online retailer by use of coupons, redemption of loyalty rewards or similar, and other offers or incentives to reduce the total cost; or

d. the difference in cost between the home on plumguide.com and the Lower Online Price is the result of an error by the retailer of the Lower Online Price; or

e. The Plum Guide is unable to verify, using reasonable means, that the Lower Online Price is available. This may be at any time within 2 business days of receiving your claim at the discretion of The Plum Guide; or

f. you have exercised your right to a refund or have cancelled your booking before you apply for Best Price Guarantee. The Plum Guide's usual terms for cancellation and refunds apply.

3. If your Best Price Guarantee claim is successful, we will amend the Plum Guide price to match the Lower Online Price before making your booking. The price matching is the sole and exclusive compensation that will be made to qualified claimants who show that The Plum Guide failed to meet the Best Price Guarantee.

Last updated on: 14/03/2017