THE PLUM GUIDE TERMS OF SERVICE
The following terms apply if you live in the United States. If you live outside the United States please refer to the relevant terms of service linked here.
Please read these Terms of Service carefully as they contain important and binding information about your legal rights, remedies and obligations.
By accessing or using the Plum Guide platform whether via the website, mobile, tablet or other smart device applications, you agree to comply with and be bound by these Terms of Service.
Please note that these Terms of Service are in addition to our terms that apply to Plum Guide Members who reserve accommodation (“Accommodation”) through our website (“Guests”) and to Plum Guide Members who are Hosts of Accommodation (“Hosts”). The terms of the Guest/Host Agreement and the Host/Plum Agreement are incorporated into these Terms of Service together with the terms of the Cancellation Policies, the Plum Guide Arbitration Scheme, and other applicable policies. References to “Terms of Service” or “Terms” herein include the terms of all other agreements and policies referenced herein. These Terms of Service constitute a legally binding agreement between you and the Plum Guide (as defined below) and, as appropriate between Guests and Hosts and you should read them carefully.
Except for certain kinds of disputes described in Section 14, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND THE PLUM GUIDE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 14.)
1.1 We, Plu&m USA Inc., (“we,” “us,” or the “Plum Guide”), are the operator of the website www.plumguide.com (“website”) and the platform available to Plum Guide Members through the website (“platform”) (together, the website, platform, and all content contained therein are the “Service”). You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
1.2 The Plum Guide website and smart device applications showcase, and (via the website) allow Hosts to offer and Guests to book for holiday and short-term occupation, a collection of the world's most professional, creative and inspiring spaces.
1.3 These Terms of Service apply to and bind Plum Guide Members, as well as anyone who accesses the Service. These Terms of Service apply to short-term Bookings of Accommodation. For longer bookings different terms may apply and you should speak to the Plum Guide.
1.4 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 the Guest/Host Agreement , and we are not an owner or operator of any of the Accommodation listed on our website and nor are we an organiser or retailer of travel packages. We are not responsible for any of the actions or inactions of Guests or Hosts.
1.5 We may change these Terms of Service on a going-forward basis at any time, and we will post any new versions of our Terms of Service on our website. By continuing to use the Service, you are expressly agreeing to the Terms of Service in operation at that time. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the platform. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. For the avoidance of doubt the applicable terms of the Guest/Host Agreement for Bookings will be those that are in force at the time of the relevant Booking.
1.6 We do not own, manage or have any rights in the Accommodation that Hosts list on our website (“Listings”) and we are not responsible for, and make no warranties or representations in relation to, any inaccuracy of Listings or the lack of suitability or safety of the Accommodation for the Guest’s proposed use. It is the Host’s responsibility to ensure the representations made in the Listing are accurate as they will be relied on by the Guest and the Plum Guide. The Host agrees and warrants that they will at all times ensure that their Listings are up to date and accurate and the Guest agrees that, before booking, they have carried out all necessary investigations to ensure that the proposed Accommodation meets their needs.
1.7 We do not carry out due diligence, money laundering or identity checks on Guests (other than we may at our discretion run ID checks on Guests). It is the responsibility of the Host to exercise due diligence and care before accepting a Booking Request.
1.8 The Host is responsible for the decision on whether to accept or reject the Booking Request, the Plum Guide provides an introduction service and makes no warranties about the suitability of the Guest.
1.9 The Plum Guide is unable to guarantee that access to the Plum Guide website, platform and other Plum Guide applications will always be available, or that any content on it will be free of interruption, errors or omissions. However, we will use reasonable skill and care to avoid any such interruptions, unavailability, errors or omissions by having appropriate performance, security and quality controls in place. 2. BECOMING A PLUM GUIDE MEMBER
2.1 In order to become a Plum Guide Member (and therefore be able to list or book Accommodation through our website as a Host or a Guest), you will need to create an account with us.
2.2 You will be asked to provide us with certain registration information – this information must be true and accurate. We will send you an email confirmation once your account has been opened.
2.3 You must be at least 18 years of age to create an account and become a Plum Guide Member. You are not permitted to make more than one account on the Service.
2.4 When 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. If you believe your account has been compromised, you must contact us immediately at firstname.lastname@example.org .
2.6 We take discrimination very seriously and as a Plum Guide Member you must not discriminate against anyone for any reason or be abusive, offensive or defamatory. You must not post any communications which are discriminatory, offensive or defamatory on the website and/or our platform or other media and must not act in a discriminatory way either in writing or in person. We have the right to block your access to and use of the website, platform, media and Plum Guide services and to remove you as a Plum Guide Member if you do. We may also remove any Listings that you have on the website and deny access to Accommodation if you are a Guest (in which case, on our notification to you, your Booking will be deemed to be cancelled by the Guest and the Host’s Applicable Cancellation Policy will apply). If a Host is discriminatory, offensive, abusive or defamatory to a Guest then the Booking will be deemed to be cancelled by the Host and the terms of the Guest Refund Policy in Clause 6 “Cancellation and Refunds” will apply. The Plum Guide’s decision on the application of the provisions of this clause is final and binding on all parties. 3. AGENTS/MANAGERS
3.1 If you are a Plum Guide Member acting in the capacity of an agent for a Guest or a Manager (as defined below) for a Host you hereby confirm and warrant to us and the other party that you have the irrevocable authority to enter into and bind the Guest or Host (as applicable) under these Terms of Service, Guest/Host Agreement and Host/Plum Agreement including the right to offer and make Bookings. You further warrant that the Guest or Host (as applicable) has read and understood these Terms of Service, Guest/Host Agreement and Host/Plum Agreement and, as applicable, the Host’s Applicable Cancellation Policy, and understands that by authorising you to act as their agent/Manager they are bound by these Terms.
3.2 If the Guest uses an agent to make a Booking on the Guest’s behalf the Guest warrants and represents to the Plum Guide and the Host that the agent has irrevocable authority from the Guest to make the Booking on the Guest’s behalf and bind the Guest to the terms of the Guest/Host Agreement .
3.4 It is the responsibility of the Host to agree with their Manager the extent of the Manager’s authority and the Plum Guide shall not be liable for any actions taken by the Manager outside their authority. As Host you warrant and represent to us and we are entitled to assume that, where a Host has appointed a Manager, we may deal with and take instructions from the Manager on all aspects of Listings and Bookings unless otherwise notified in writing by the Host. For the avoidance of doubt this includes (but is not limited to) approving Listings, accepting Bookings, setting the Host’s Applicable Cancellation Policy and House Rules, Accommodation Charges, calendar availability and performing any other Host services and obligations.
3.6 Hosts should exercise due diligence and care when deciding who to appoint as their Manager. As Host you acknowledge that reviews from Guests may be affected by a Manager’s conduct and performance.
3.7 If the Host no longer wishes to use their Manager the Host must notify us in writing and we will change the Host contact details on our system. The Host will be bound by any Bookings, decisions, acts or omissions made by the Manager before we received notice that the Manager has been disinstructed by the Host. We have one named Host on our system to whom all communication will be sent and instructions will be taken and therefore if the Host has appointed a Manager it will be the Manager’s details that are named and with whom we will communicate.
4. BOOKING ACCOMMODATION
4.1 Guests may use the website to review Listings, check availability, and make a booking request for Accommodation (“Booking Request”).
4.2 The Guest is then taken to a page where they review the Booking Request which will set out details of the Booking. If you wish to proceed then the Guest confirms the Booking Request by entering payment details, accepting the Terms of Service and the Host’s Applicable Cancellation Policy and where appropriate the House Rules. By doing this the Guest confirms the Booking Request.
4.3 By confirming the Booking Request and providing their payment card details, the Guest is offering to enter into a licence to occupy the Host’s Accommodation for the stated period at the stated price, in accordance with the terms of the Guest/Host Agreement . The Guest is also offering to pay for any additional services set out in the Booking Request. By submitting a Booking Request the Guest is agreeing to be bound by these Terms of Service, the Guest/Host Agreement , the Host’s Applicable Cancellation Policy and the House Rules. They are also confirming that they have reviewed the Accommodation Listing and that the Accommodation is suitable for any specific needs that they may have.
4.4 The Guest may be asked to verify their identity.
4.5 The Accommodation Listing will indicate if the Host has selected the “instant book” service or “request to book” service. If “instant book” has been selected, the Guest will receive a Booking Confirmation within minutes. If “request to book” has been selected, then within 24 hours of the Booking Request the Host is obliged to send to the Guest either a Booking Confirmation or a notification that the Booking has been rejected. A booking (“Booking”) is confirmed at the date and time when a Booking Confirmation is sent to the Guest and this is the Booking Time for the purposes of applying and interpreting the Host’s Applicable Cancellation Policy.
4.6 At the same time as sending the Booking Confirmation, we will collect payment of the amount set out in the Booking Request. We act as the Host’s and Guest’s intermediary web platform for concluding the agreement for the occupation of the Accommodation. The Guest will be responsible for all taxes arising as a result of its rental of the Accommodation – including for example any hotel or tourist tax (or equivalent) - and these will be included in the figure in the Booking Confirmation. Guests agree that if the hotel or tourist tax (or equivalent) collected by us on making a Booking is not enough to fully discharge the Guest’s tax liability for a Booking, they will pay either to the Plum Guide or to the appropriate tax authority any additional amounts due to the appropriate tax authority. Guests also acknowledge that we may, if required, stop collecting taxes due from the Guest on Booking and in this case we will let you know and it will then be the Guest’s responsibility to pay any taxes due for the Booking to the relevant tax authority.
4.7 As Guest, once your Booking has been confirmed, the reservation is personal, exclusive and non-transferable without prior consent of the Host. If you decide that you would like to order further additional services from your Host or remove any additional services, you must contact the Plum Guide to make the request (although note that some additional services will need to be booked/cannot be cancelled without giving notice at least 48 hours prior to your arrival (or longer where the additional service provider requires more than 48 hours to cancel in accordance with their own terms and conditions)).
4.8 If the Guest does not receive a Booking Confirmation or notification that the Booking has been rejected within the timescales referred to above, please let us know immediately by emailing us at email@example.com .
4.10 The Guest and the Host agree with each other and with the Plum Guide that they will at all times comply with the terms of the Guest/Host Agreement entered into in relation to the Booking. If the Guest and the Host mutually agree any terms or arrangements which are outside the scope of the Guest/Host Agreement then any such terms or arrangements are at the risk of the Guest and Host and do not form part of any agreement facilitated by the Plum Guide and the Plum Guide shall exclude all liability relating to any such terms or arrangements. Any such terms must not conflict with these Terms of Service and these Terms of Service take precedence.
4.11 Guests understand that a confirmed Booking of Accommodation is a limited licence granted by the Host to the Guest to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with the terms of the Guest/Host Agreement .
4.12 Guests agree with the Host and the Plum Guide:
4.12.1 to leave the Accommodation no later than the check-out time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host;
4.12.2 that if they stay past the agreed check-out time without the Host's consent, they no longer have a licence to stay in the Accommodation and the Host is entitled to make the Guest leave in a manner consistent with applicable law;
4.12.3 to pay to the Host (through the Plum Guide as the Host’s collection agent) on demand an overstay fee (as defined below) for the period from and including the check-out time until the Guest checks out of the Accommodation; and
4.12.4 that the Host may instruct the Plum Guide (acting as the Host’s collection agent) to deduct such overstay fee from the Guest’s payment card.
4.13 The “overstay fee” is calculated at a daily rate for each 24 hour period starting at the check-out time and is the total sum of the following:
4.13.1 an amount equivalent to two times the average nightly Accommodation Charges for the Booking; plus
4.13.2 an amount equivalent to the linked Plum Service Fee; plus
4.13.3 any reasonable ancillary costs for example payment charges that are incurred by the Host and/or the Plum Guide in taking payment; plus
4.13.4 legal expenses incurred as a result of the Guest overstaying.
4.14 If the Guest requires the Host to arrange for a third party to provide goods or services, the Guest acknowledges and agrees that the supply of those goods or services will be subject to the relevant third party’s terms and conditions, and neither we nor the Host will be responsible for any failure in performance by that third party.
5. CHARGES, FEES AND PAYMENTS
5.1 Certain fees are payable in relation to our services as follows: The “Accommodation Charges”: these are the charges that we collect from Guests on behalf of Hosts for the occupation of the Host’s Accommodation and any additional services that have been ordered. The “Security Deposit” : this is the amount specified in the Accommodation Listing which is a deposit against any damage caused to the Accommodation during each Guest's stay. The amount will be applied as set out in this clause 5. The “Plum Service Fee” : this is the fee that we charge to Guests and Hosts for the provision of our service. The Plum Service Fees are up to 20% of the total Accommodation Charges plus applicable sales taxes. Guests and Hosts acknowledge and agree that once the Booking Confirmation has been sent, the Plum Service Fee is non-refundable, other than in the limited circumstances set out in the Guest Refund Policy and/or the Host’s Applicable Cancellation Policy. The Host “On-boarding Fee”: we charge a one-time On-boarding Fee to Hosts help cover the cost of testing the home, creating the Listing, and the Plum Award assets. This is detailed in the Host/Plum terms.
Plum Guide may charge Guests and Hosts for other products and services from time to time. These will be agreed with the Host or Guest at the relevant time.
5.2 Where additional payments have been agreed between Guests and Hosts after the Booking has been made (including but not limited to payments for additional services not included in the Booking and/or payments for loss or damage to the Accommodation during the stay) we reserve the right to charge Guests and Hosts (as applicable) up to 3% of the value of the payment plus applicable sales taxes to cover our out of pocket expenses in facilitating the payments between Guests and Hosts. For the avoidance of doubt this includes payments after the end of the Guest’s stay where deductions are made from the Security Deposit due to damage caused by the Guest.
5.3 When, as a Guest, you are required to provide us with payment card details, you must be the holder of that card or expressly and legally authorised by the holder to use the card for the intended purpose. If you, as a Guest, expressly authorise a third party to use your card, you are warranting and representing to the Plum Guide that such authorisation is legal and permitted by the credit card company. 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.
5.4 The Host appoints and expressly authorises the Plum Guide to act as a collection agent solely for the limited purpose of taking payments from and, where applicable providing refunds to, the Guest on behalf of the Host in relation to Bookings. You, as Guest, acknowledge and agree that if we take any payments from you, we are doing so as a collection agent acting on behalf of the Host for the limited purpose of accepting payments from you and passing the Accommodation Charges and if applicable the Security Deposit and other payments due to the Host in accordance with the terms of these Terms of Service, the Guest/Host Agreement and the Plum/ Host Agreement and, as collection agent, we will be the merchant on record for taking payments.
5.5 We may round up or round down amounts that are payable from or to Guests or Hosts, as reasonably necessary.
5.6 If you are a Guest and are due a refund under the Host’s Applicable Cancellation Policy, then, provided that the Booking was fully paid for and that the Guest has not made (and has confirmed to us that they will not make) any chargeback request, we will pay the refund amount due 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. If we do not hold the relevant monies then the Host agrees that they will pay the refund within 14 days after notification of cancellation. Note that the Plum Service Fee is non-refundable except in limited circumstances which will be set out in the Host’s Applicable Cancellation Policy. 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.
5.7 Guests shall be responsible for paying any hotel or tourist tax (or equivalent) that may be payable in relation to the occupation of the relevant Accommodation under applicable law. Please see clause 4.6, which sets out how we currently deal with hotel or tourist tax (or equivalent).
5.8 The Guest is not permitted to make and the Host is not permitted to take any payments to the Host outside of the Plum Guide service (including paying in cash for additional services). The Plum Guide shall not be liable to the Guest (or to the Host) in relation to any payments that the Guest makes outside of the Plum Guide service or for the delivery/non-delivery of services in relation to those payments.
5. 9The Host is not permitted to charge the Guest an end-of-stay cleaning fee as an additional cost. However, if the Accommodation is heavily soiled and in the Host’s reasonable opinion industrial cleaning is required after the stay, the Guest expressly authorises us (on behalf of the Host) to deduct from the Guest’s payment card an amount from the Security Deposit to cover the reasonable costs of such cleaning up to a maximum amount equivalent to the Security Deposit. If the amount required (together with any other amount due to the Host from the Security Deposit) exceeds the Security Deposit then the balance shall be paid by the Guest to the Host on demand.
5.10 The Guest expressly authorises the Plum Guide (on behalf of the Host) to deduct from their payment card the cost of any damage to the Accommodation and its contents, (other than reasonable wear and tear), which occurred during their stay up to the value of the available Security Deposit (after taking into account any other claims on the Security Deposit) . If the cost of the damage to the Accommodation is greater than the value of available balance on the Security Deposit, the Guest will still be liable to the Host for the full cost of the damage and the balance shall be paid by the Guest to the Host on demand. Any complaints the Guest may have in relation to deductions made from the Security Deposit should be addressed in accordance with Clause 7 “Complaints and Dispute Resolution” below.
5.11 If the Host requires the Plum Guide to make any deductions from the Security Deposit we will notify the Guest of the deduction within 48 hours of making the deduction together with the Host’s reasons for the deduction. CHARGEBACKS
5.12 The Guest’s right to initiate a chargeback on the payment card is subject to the provisions of Clause 7.12.
5.13 If you do not comply with Clause 7.12 before making a chargeback request or if you make a payment for a Booking and later dispute this legitimate charge by raising an unmerited chargeback (as determined by us in our sole discretion), whether fraudulently or otherwise then we may take such steps as we deem fit (including using any lawful means) to recover all monies from you resulting from such unmerited chargeback together with our costs and expenses in doing so. We will not tolerate chargeback fraud.
5.14 An unmerited chargeback includes, but is not limited to, disputing a charge made pursuant to the Host’s Applicable Cancellation Policy; disputing charges made by the Host or us when you have not used reasonable efforts to resolve the dispute with the Host in accordance with Clause 7 “Complaints and Dispute Resolution”; requesting a chargeback without legitimate reason and/or evidence and supporting information in respect of the chargeback.
5.15 Currency Payment Terms Key Definitions
1. "Adjusted Exchange Rate" means the Base Exchange Rate plus a fee of between 0 and 5% plus any applicable sales taxes charged by the Plum Guide for certain cross-border transactions.
2. "Base Exchange Rate" means an exchange rate which is applicable at the time of the Booking and is established by the Plum Guide using data from one or more third parties such as Open Exchange (https://openexchangerates.org/). It is updated regularly, but may not be identical to the real-time market rate. It does not include any fee or mark-up by the Plum Guide.
3. "Booking Currency" means the currency in which a Guest pays for his or her Booking. The Guest will be able to see their Booking Currency when checking out. The Booking Currency for a Booking may be different from the relevant Listing Country Currency.
4. "Listing Country Currency" means the default currency associated with the country in which the Listing is located. For example, the Listing Country Currency for a Listing located in London would be British Pounds, and the Listing Country Currency for a Listing located in Paris would be Euros.
5. "Payment Method" means the financial instrument you have selected at check-out, such as a credit card, debit card or PayPal account.
5.16 The Plum Guide may, in its sole discretion, round up or round down amounts that are payable from or to Plum Guide Members to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, the Plum Guide may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
5.17 For currencies denominated in large numbers, the Plum Guide may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for the Plum Guide to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
5.18 The Plum Guide will process each transaction in the currency you select as your Booking Currency. The currencies available to pay in for any given transaction may be limited by regulatory or operational reasons. If a Guest submits a Booking Request for a Listing using a Booking Currency that is different from the Listing Country Currency, the Plum Guide will calculate the Accommodation Charges and Plum Service Fee in the Booking Currency by applying the Base Exchange Rate or the Adjusted Exchange Rate to the Accommodation Charges and Plum Service Fee to the Listing Country Currency at the time of the Booking Request. The Base Exchange Rate will be applied if the Plum Guide is unable to process your transaction in the default currency of your Payment Method; in all other cases the Adjusted Exchange Rate will apply.
5.19 You can view Listings in many currencies. To change your currency view, or the currency you wish to pay in, scroll to the bottom of any page on plumguide.com and click on the currency field to select the currency you want to view or pay in. This will be your Booking Currency.
5.20 If the Booking Currency selected is not supported by the Plum Guide the payment currency will automatically reset to the Listing Country Currency.
5.21 When a confirmed Booking is modified or cancelled, and a currency conversion has been applied, the Guest's payment or refund will be processed in the same currency as the currency used in the Booking, calculated as above using the appropriate rate of currency conversion at the time of the change.
6. CANCELLATION AND REFUNDS
CANCELLATION BY GUEST
6.1 Guests can cancel a Booking at any time subject to the terms of the cancellation policy selected by the Host to apply to the Booking (“Host’s Applicable Cancellation Policy”) which is set out in the Listing for the Accommodation.
6.2 The terms of the Host’s Applicable Cancellation Policy are incorporated into these Terms of Service and are binding on all parties. Links to the terms of the cancellation policies are: Firm Cancellation Policy; Reasonable Cancellation Policy; Relaxed Cancellation Policy; Super Firm Cancellation Policy; Super Firm 30 day Cancellation Policy and Super Firm 60 day Cancellation Policy. It is very important that before making a Booking , Guests check on the Listing which Host’s Applicable Cancellation Policy applies to their Booking and that Guests read and understand the terms of the Host’s Applicable Cancellation Policy. If Guests do not understand any of the terms of the Host’s Applicable Cancellation Policy they should contact the Plum Guide who will explain. By making a Booking, Guests confirm that they understand and are bound by the terms of the Host’s Applicable Cancellation Policy which will be strictly interpreted.
6.3 The Guest acknowledges and agrees that refunds are only available in accordance with Host’s Applicable Cancellation Policy (unless the Guest Refund Policy set out below applies).
6.4 To cancel the Guest must send an email to firstname.lastname@example.org which must clearly state that the Guest is cancelling their Booking. The time that our server receives their email will be the time that the Guest has notified us of the cancellation and will be the time taken to be the cancellation date and time (the “Cancellation Time”) for the purposes of applying the terms of the Host’s Applicable Cancellation Policy.
6.5 We will notify the Host of the cancellation notification within 1 working day of receiving the email from the Guest.
6.6 The Plum Service Fee is non-refundable except if the Booking qualifies for free 24 hour cancellation in accordance with the Host’s Applicable Cancellation Policy or if the Guest is entitled to a refund under the Guest Refund Policy. If the Plum Service Fee is refundable we will refund it to the payment card used for the Booking. The Host will refund any part of the Accommodation Charges due to the Guest in accordance with the Host’s Applicable Cancellation Policy to the payment card used for the Booking within 14 days of a valid cancellation.
6.7 If the Guest arrives for check-in with a greater number of guests or animals than as booked or is clearly going to be in breach of the House Rules set out in the relevant Listing then the Host is entitled to refuse access to the Accommodation and this will be a deemed cancellation on the day of check-in by the Guest and the Host’s Applicable Cancellation Policy will apply. The Host must notify us within 1 hour of this event.
6.8 If the Guest fails to turn up for the check-in within 24 hours of the check-in time set out in the Listing then it is deemed a cancellation by the Guest (unless otherwise agreed by the Host) and the Host’s Applicable Cancellation Policy shall apply. If the Guest is going to be late for check-in then they should notify the Host through the Plum Guide platform or by phoning us in advance of the check-in time in order to rearrange a new check-in time with the Host. If the Guest is going to be late then the Host and the Guest will cooperate with each other to arrange a new reasonably acceptable check-in time.
6.9 Guest Refund Policy
6.9.1 Hosts agree not to cancel a Booking except in exceptional circumstances.
6.9.2 Nonetheless if the Host:
126.96.36.199 cancels a Booking; or
188.8.131.52 is deemed to have cancelled a Booking (“deemed cancellation”) because either they did not give access to the Accommodation at the check-in time or any rearranged mutually agreed reasonable time (e.g. did not provide access to keys or any necessary security codes) or because the Host’s action(s) have led to a deemed cancellation under Clause 2.6);
then clause 6.9.3 shall apply.
6.9.3 If any of the events in clause 184.108.40.206 or 220.127.116.11 arise then if, as Guest, you have satisfied the following conditions:
1. you have not directly or indirectly caused the circumstances set out above (through your action, omission or negligence); and
2. you are the Guest that made the Booking; and
3. you have used reasonable endeavours to cooperate with the Host if they needed to arrange an alternative reasonable check-in time; and
4. you notified the Host if you were going to be unavailable at the check-in time and made reasonable alternative check-in arrangements
then you may notify us of your refund claim. You must do this within 24 hours of the Host’s cancellation or deemed cancellation.
6.9.4 We will then notify the Host and if we, at our sole discretion, agree that one of the circumstances in 18.104.22.168 or 22.214.171.124 above arose and we agree that the Guest satisfied all of the conditions in 6.9.3 then, provided that the Guest has not made (and has confirmed to us that they will not make) a chargeback request, we will, in cooperation with the Guest, either:
126.96.36.199 transfer the Booking/payment to another reasonably equivalent Plum Guide property of the Guest’s choice (subject to availability and suitability). If the charges for the new property are:
1. less than 20% higher than the charges for the Accommodation originally booked then the Plum Guide will pay the additional amount;
2. more than 20% higher then the charges over the 20% figure will be payable by the Guest;
3. lower than the charges for the Accommodation originally booked we and the Host agree to refund any excess to the Guest.; or
188.8.131.52 refund to the Guest the Accommodation Charges, Plum Service Fee and any fees or payments that the Guest paid for additional services when they made the Booking.
6.9.5 If the Host disputes the Guest’s claim for a refund then, having considered the evidence from both parties, we will determine whether a refund is due to the Guest and our determination shall be final and binding on all parties.
6.9.6 Both the Guest and the Host agree that they will act in good faith and cooperate with us and each other in the event of a refund claim being made.
6.10 Please note that neither we, nor any Host, will be responsible for any additional fees, costs or expenses that the Guest has incurred in relation to a cancelled Booking (including travel costs, event tickets, moving fees etc.). The Guest is therefore strongly advised to take out adequate travel insurance to cover any Booking made via the Plum Guide.
6.11 This Guest Refund Policy takes precedence over the Host’s Applicable Cancellation Policy.
7. COMPLAINTS AND DISPUTE RESOLUTION
7.1 The following provisions apply to disputes that arise between Guests and Hosts in relation to Bookings.
DISPUTES ON CHECK-IN
7.2 If the Host has provided an inventory and the Guest finds that there are items missing from the inventory or that the appliances in the Accommodation are materially not as described in the Listing or not in working order then the Guest must notify the Host within 24 hours of check-in.
7.3 If the Guest reports any of the issues set out in Clause 7.2. above to the Host then the Host must use all reasonable endeavours to remedy the situation to the Guest’s reasonable satisfaction within 24 hours of notification. If it is not possible to remedy within 24 hours then the Host must communicate with the Guest and arrange for remedy as soon as reasonably practicable. DISPUTES ARISING DURING THE GUEST’S STAY
7.4 If during the Guest’s stay any problems arise with the Accommodation and/or the appliances in the Accommodation then the Guest must notify the problems to the Host as soon as reasonably possible and in any event within 24 hours of discovery of the problem, the Host must use all reasonable endeavours to remedy the situation to the Guest’s reasonable satisfaction within 24 hours of being notified of it. If it is not possible to remedy within 24 hours then the Host must communicate with the Guest and arrange for remedy as soon as reasonably practicable.
7.5 Any complaint from a Host in relation to damage to the Accommodation or any other issue with the stay must be communicated to the Guest and to us within 48 hours after the Guest’s departure.
7.6 Any complaint or dispute from a Guest in relation to deductions from the Security Deposit must be communicated to the Host and us within 48 hours of the Guest being notified of the deduction.
REPORTING TO PLUM GUIDE MEDIATION AND ARBITRATION
7.7 The Guest and the Host agree to act in good faith and co-operate with each other to resolve any dispute. However, if the Host and the Guest have not resolved any dispute referred to in Clause 7.2-7.6 within 48 hours of one party notifying the other of the dispute then either party may notify Plum Guide.
7.8 The Host must notify the Plum Guide within 48 hours after the Guest’s departure if damage has been caused to the Accommodation. We will also ask the Host to provide evidence of any such damage. If the Host does not make a notification within 48 hours, we will presume that any damage is not the fault of the Guest, unless evidence suggests otherwise.
7.9 Where a complaint has been escalated to us (including a complaint in relation to damage to the Accommodation and/or deductions from the Security Deposit), we will investigate the issue and respond to the Guest and/or the Host as soon as is reasonably practicable. We will use the contact information provided in the Booking Confirmation to communicate with each party unless otherwise advised. Each party will need to provide us with all information and evidence we reasonably require to investigate the complaint. We will use our reasonable endeavours to mediate and resolve any dispute within 7 days after it is first notified to us, but we give no warranty or undertaking that we will successfully mediate any dispute during this 7-day time period, or at all.
7.10 If after 7 days from the date of notification to the Plum Guide of any dispute (or earlier if the Plum Guide decides in its absolute discretion that it will not be able to facilitate a resolution of the dispute within that time), the dispute has not been resolved, then the Guest and the Host may agree to professional mediation. Please note that the Plum Guide is not obliged to use an alternative dispute resolution entity to resolve disputes between its users, but we do choose to offer such a service via Hunt ADR Limited for our users’ convenience. If the parties can’t agree on mediation then the Guest may submit the dispute to Hunt ADR to be settled by final and binding arbitration in accordance with the Rules of Plum Guide Arbitration Scheme . If the Guest submits the dispute for Arbitration in accordance with this clause then the Host must take part in the Arbitration proceedings until judgment is issued or the dispute is settled. Both the Guest and the Host agree that they will comply with all of the terms and conditions contained in the Plum Guide Arbitration Scheme and by agreeing to these Terms of Service the Guest and the Host are confirming that they have read and understood the Plum Guide Arbitration Scheme . The reasonable cost of resolving a dispute using Hunt ADR Limited may be borne by the Plum Guide where appropriate, as determined by the Plum Guide in its sole discretion. THE PLUM GUIDE ARBITRATION SCHEME IS SOLELY FOR RESOLUTION OF DISPUTES BETWEEN GUESTS AND HOSTS. DISPUTES BETWEEN THE PLUM GUIDE AND ITS USERS WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES SET FORTH IN SECTION 14 BELOW.
7.11 Both parties agree to cooperate with and assist the Plum Guide in good faith, and to provide the Plum Guide with such information and take such actions as may be reasonably requested by the Plum Guide, in connection with any damage claims or other complaints or claims made by the other party relating to the stay at the Accommodation or any personal or other property located at an Accommodation.
7.12 The Guest agrees not to issue proceedings against the Host or initiate a chargeback on the payment card until the expiry of any mediation and/or Arbitration proceedings carried out in accordance with this Clause 7.
8. IDENTITY OF GUEST(S) AND CONDUCT
8.1 The individual making the reservation must be a guest staying at the Accommodation – unless the Guest has clearly notified the Host otherwise (e.g. booking the Booking is being made by an agent) in which case Clauses 3.1 and 3.2 above shall apply.
8.2 The maximum number of people permitted to stay at the Accommodation is stipulated in the Listing. If there are more people than this in occupation then Clause 6.7 applies.
8.3 We monitor all messages on the platform between Guests, users and Hosts. If we deem necessary, we will help the Guest or the Host with answering any questions that may arise. We also have complete authority to review and hide messages that breach our Terms of Service.
8.4 Unless otherwise agreed with the Host you must be over the age of 25 to reserve Accommodation through our site. Under 25’s are entitled to be included as additional Guests subject to the applicable House Rules for the Accommodation.
9. CANCELLING YOUR PLUM GUIDE MEMBERSHIP – TERMS APPLICABLE TO GUESTS
9.1 You may cancel your registration with us (and therefore your Plum Guide Membership) at any time by sending an email to email@example.com .
9.2 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 Service (or we reasonably suspect you have done so).
9.3 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.
9.4 For the avoidance of doubt, this Clause 9 does not apply to members who are Hosts.
10. CONTENT-RELATED PROVISIONS
10.1 We, or our licensors, own all rights in our website and all content that is made available through the Service, including all text and images, photographs and Plum Award assets in relation to your Accommodation (digital content). This includes all intellectual property rights.
10.2 In consideration of you agreeing to abide by these Terms of Service, we grant you as Host a non-transferable, non-exclusive, non-commercial licence to use our Service during the period of your Plum Guide Membership for the purposes of managing your accommodation and downloading and using your Plum Award assets (if applicable). Anything outside these uses are prohibited including use of our photographs. We reserve all other rights.
10.4 To the extent that the Service 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.
11. ACCESS TO AND USE OF OUR WEBSITE
11.2 If we make available functionality which allows you to provide a rating and review for use on our website, you agree that: (a) the review represents your honestly-held belief following your stay at the Accommodation, which is fair, truthful and factual; (b) your rating and/or review shall not be offensive, defamatory or discriminatory (c) we have the right to use that review on our website or other media platforms, and modify its content, at our discretion; (d) we have the right to attribute that review to your username; and (e) 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.
11.3 Although we review the Accommodation as detailed on our website, we do not perform extensive background checks on Host’s identities. 12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
12.1 THE SERVICE AND ALL CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE PLUM GUIDE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE PLUM GUIDE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THE PLUM GUIDE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THE PLUM GUIDE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PLUM GUIDE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Plum Guide does not disclaim any warranty or other right that the Plum Guide is prohibited from disclaiming under applicable law.
12.2 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PLUM GUIDE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PLUM GUIDE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
12.3 EXCEPT AS PROVIDED IN SECTION 14.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PLUM GUIDE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO THE PLUM GUIDE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
12.4 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.5 Notwithstanding the foregoing, nothing in these Terms of Service shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) our fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.
12.6 To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify the Plum Guide and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Plum Guide Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
12.7 Our liability to Plum Guide Members in their capacity as Hosts shall be as set out in the Host/Plum Agreement
12.8 Hosts are independent contractors and not agents of the Plum Guide. The Plum Guide is not liable for the acts, errors, or omissions, representations, breaches or negligence of Hosts.
12.9 Parties shall not be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of their obligations in these Terms of Service if such delay or failure results from a terrorist attack or damage to the Accommodation caused by fire, flood or explosion.
12.10 The Guest expressly agrees that, (except as otherwise set forth in this Section 12) neither the Plum Guide nor our employees or agents are responsible or liable in any way for any damage or injury which the Guest or any member of its party may suffer in connection with the Accommodation.
12.11 The Guest agrees to pay the Host in full for the reasonable costs, claims, liabilities or expenses suffered by the Host as a result of their breach of the Terms of Service (or the breach by any person in the Accommodation during their stay).
13. THE PLUM GUIDE BEST PRICE GUARANTEE
13.1 We check the prices of all our Homes 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 GBP / 50 EUR / 70 USD off.
13.2 If you find a better price for a like for like booking elsewhere:
13.2.1 Contact us with details of the cheaper offer before you make the Booking.
13.2.2 Include a link to the listing, your trip dates and number of guests and the date of the cheaper offer.
13.2.3 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 (“Lower Price”)
13.2.4 Our Sales team will look into your claim and get back to you that same day with details on how to proceed.
13.2.5 Claims can only be accepted by email, accompanied by sufficient evidence of the Lower Price (in the form of a screen shot).
13.3 Best Price Guarantee does not apply where:
13.3.1 The Lower 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
13.3.2 the Lower 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
13.3.3 the Lower Price has been discounted by an online retailer by use of coupons, redemption of loyalty rewards or similar, and other offers or incentives to reduce the total cost; or
13.3.4 the difference in cost between the home on plumguide.com and the Lower Price is the result of an error by the retailer of the Lower Price; or
13.3.5 the Plum Guide is unable to verify, using reasonable means, that the Lower Price is available. This may be at any time within 2 business days of receiving your claim at the discretion of the Plum Guide;
13.3.6 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; or
13.3.7 the Lower Price becomes available after the date of your Booking.
13.4 If your Best Price Guarantee claim is successful, we will amend the Plum Guide price to match the Lower Price before making your Booking and give you 50 GBP / 50 EUR / 70 USD off. 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.
14. DISPUTE RESOLUTION AND ARBITRATION
14.1 Generally. In the interest of resolving disputes between you and the Plum Guide in the most expedient and cost effective manner, and except as described in Section 14.2 and 14.3, you and the Plum Guide agree that every dispute between you and the Plum Guide arising in connection with these Terms of Service will be resolved by binding arbitration. Disputes between Guests and Hosts will be resolved in accordance with Section 7. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE PLUM GUIDE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14.2 Exceptions. Despite the provisions of Section 14.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
14.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 14 within 30 days after the date that you agree to these Terms by sending a letter to Plu&m USA Inc., Attention: Legal Department – Arbitration Opt-Out, Corporation Trust Centre, 1209 Orange Street, Wilmington, New Castle County, Delaware 19801that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“ Opt-Out Notice ”). Once the Plum Guide receives your Opt-Out Notice, this Section 14 will be void and any action arising out of these Terms will be resolved as set forth in Section 15.5. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
14.4 Arbitrator. Any arbitration between you and the Plum Guide will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Plum Guide. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
14.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). the Plum Guide’s address for Notice is: Corporation Trust Centre, 1209 Orange Street, Wilmington, New Castle County, Delaware 19801. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or the Plum Guide may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or the Plum Guide must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by the Plum Guide in settlement of the dispute prior to the award, the Plum Guide will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $1,000.
14.6 Fees. If you commence arbitration in accordance with these Terms, the Plum Guide will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Plum Guide for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
14.7 No Class Actions. YOU AND THE PLUM GUIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Plum Guide agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
14.8 Modifications to this Arbitration Provision. If the Plum Guide makes any future change to this arbitration provision, other than a change to the Plum Guide’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to the Plum Guide’s address for Notice of Arbitration, in which case your account with the Plum Guide will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
14.9 Enforceability. If Section 14.7 or the entirety of this Section 14 is found to be unenforceable, or if the Plum Guide receives an Opt-Out Notice from you, then the entirety of this Section 14 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 15.5 will govern any action arising out of or related to these Terms.
15.1 In the event of any dispute between a Host and a Guest, please follow the complaints procedure set out in Clause 7 of these Terms of Service.
15.3 We may, but are not obliged to, manually monitor, review, respond to or hide all communications on our website for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support services. We may also monitor, review, respond to or hide communications to debug, improve and expand our product offerings.
15.5 These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and the Plum Guide submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York for resolution of any lawsuit or court proceeding permitted under these Terms.
15.6 In the event that a document needs to have a formal signature from a party then we, the Guest and the Host agree that it may be signed by electronic signature (whatever form the electronic signature takes) and that this method of signature is as conclusive of the party’s intention to be bound by the document as if signed by that party’s manuscript signature. For the avoidance of doubt the Host/Plum Agreement and the Guest/Host Agreement do not need a formal signature as their terms are binding in accordance with the provisions contained in these Terms of Service.
15.7 If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
Last updated: 7 December 2020