Terms and Conditions

By accessing or using the Villanium platform through the website, mobile phone, tablet, or other smartphone applications, you agree to comply with and be bound by these terms of use. We invite you to familiarize yourself with the present Terms of Use, which supplement the applicable conditions for Villanium users reserving accommodation ("Guests") through our website and for Villanium members hosting Guests ("Hosts"). These terms of use incorporate the Guest/Host Agreement, the Host/Villanium Agreement, the provisions of the cancellation policies, the Villanium arbitration scheme, and other applicable policies. They constitute a legally binding agreement between you and Villanium (as defined below), and, as the case may be, between the Guest and the Host. We strongly advise you to read them carefully.

1. Preamble

1.1. Villanium Limited, a company registered in Ireland under number 745853 and with its registered office at Pod 2, The Old Station House, 15a main street, Blackrock, Co Dublin, A94 T8P8, Ireland ("Villanium"), is the operator of the website www.villanium.com ("the Website") and the platform provided to Villanium members via the Website ("the Platform").

1.2. The Villanium website and digital platforms offer a variety of luxury accommodations and provide Hosts with the opportunity (via the platform) to offer short stays for Guests to book.

1.3. Villanium members are required to comply with these terms of use. They also apply to anyone accessing our website. These terms of use apply to short-term accommodation bookings.

1.4. The Villanium platform provides a web-based tool that allows members to publish, offer, search, and book services. Members who publish and offer services are referred to as "Hosts," and those who seek, book, and use services are referred to as "Guests." Hosts provide accommodations and host services through a "Listing." Villanium is not a party to contracts directly formed between Hosts and Guests, nor is it a real estate, travel, insurance, organizer, or retailer of package travel within the meaning of Directive (EU) 2015/2302. Furthermore, Villanium does not act as an agent for any member except as may be provided in the payment service terms ("Payment Terms").

1.5. We reserve the right to modify these Terms of Use at any time, and we will post them on our website. By continuing to use our site, you accept these terms as they are in effect. To avoid any confusion, the Guest/Host Agreement terms that apply to a booking are those in effect at the time of booking.

1.6. We have no influence over the Accommodations that Hosts publish on our website ("Listings"). Furthermore, we disclaim any responsibility, do not offer any warranties, and make no representations regarding the accuracy of Listings or the suitability or safety of accommodations offered to Guests. Hosts are responsible for ensuring the accuracy of their Listing description and that Guests and Villanium can trust them. Additionally, the Host agrees to ensure that their Listings are up-to-date and accurate. On the other hand, the Guest agrees to obtain any necessary information before booking to ensure that the Accommodation meets their needs.

1.7. We do not conduct due diligence, money laundering checks, or identity verification on Guests. It is the Host's responsibility to take all necessary precautions and exercise caution before accepting a booking request.

1.8. It is up to the Host to decide whether to accept or decline a booking; Villanium provides a matching service but does not guarantee that the Guest will find what they are looking for.

1.9. Despite our efforts to maintain the availability and error-free operation of our website, platform, and other Villanium applications, we cannot guarantee constant availability. We take measures to ensure that interruptions, unavailability, errors, or omissions are minimized by implementing appropriate performance, security, and quality controls.

2. Becoming a Villanium Member

2.1. If you wish to benefit from Villanium services, including publishing and booking accommodation on our site with all features, either as a Host or Guest, you must create an account.

2.2. Once your account is created, you must provide accurate and truthful information. A confirmation message will be sent to you by email.

2.3. Villanium only accepts persons aged 18 and above to become members. To comply with this policy, please create only one account.

2.4. When registering, be sure to keep your credentials and password confidential, and never disclose this information to anyone.

2.5. In accordance with our Privacy Policy, we will collect and process your personal information. You must ensure that all provided data is accurate.

2.6. We place great importance on discrimination issues, and as a member of Villanium, you are obligated to not discriminate against anyone or make any offensive, insulting, or defamatory remarks. It is also prohibited to publish discriminatory, offensive, or defamatory communications on the website, our platform, or any other media, or engage in verbal or written discrimination. If this occurs, we have the right to block your access to the website, platform, and Villanium services, prevent you from using them, and revoke your member status. Additionally, we may remove any Listings you have published on the website or deny you access to an Accommodation. In such cases, we will inform you that your reservation is "canceled by the Guest," and the Host's cancellation policy will apply. If a Host behaves in a discriminatory, offensive, insulting, or defamatory manner towards a Guest, the Reservation will be canceled by the Host, and the Guest Refund Policy provisions in Section 6 regarding cancellation and refunds will apply. Villanium's decision to enforce the provisions of this clause is final and mandatory for all parties involved.

3. Agents and Managers

3.1. As a Villanium member acting as a representative or manager for a Guest or a Host (as defined below), you hereby confirm and guarantee to the other party that you have the irrevocable power to accept the Terms of Use, the Guest/Host Agreement, and the Host/Villanium Agreement on behalf of the Guest or the Host (as applicable). You also certify that the Guest or the Host has read and understood these Terms of Use, the Guest/Host Agreement, the Host/Villanium Agreement, and, if applicable, the Host's cancellation policy, and understands that by authorizing you to act as a representative or manager, they are bound to comply with these Terms of Use.

3.2. The Guest certifies and declares to Villanium and the Host that they have given an irrevocable power to a representative to book on their behalf and comply with the Guest/Host Agreement.

3.3. Hosts are permitted to designate representatives (referred to as "Managers") to handle their listings and fulfill their obligations as defined in the Terms of Use, the Guest/Host Agreement, and the Host/Villanium Agreement.

3.4. The Host is responsible for determining the extent of their manager's power, and Villanium is not liable for acts of the manager that exceed these limits. As a Host, you declare and warrant that, if you have appointed a manager, we may act on and follow their instructions regarding listings and bookings unless you notify us in writing. Additionally, this provision specifically covers the approval of listings, acceptance of bookings, the Host's cancellation policy, payment of accommodation fees, availability calendar of the Accommodation, and other services and obligations of the Host.

3.5. Under no circumstances may the agreement between the Host and their manager contradict the terms of use, the Guest/Host Agreement, the Host/Villanium Agreement, and other rules governing bookings.

3.6. Hosts must exercise due diligence when designating their manager. As a Host, you acknowledge that guest reviews may be influenced by the attitude and actions of a manager or representative.

3.7. When a Host intends to cease using the manager, they must notify us in writing so that we can update the information in our system. The Host is responsible for any bookings, decisions, actions, or omissions made by the manager before notifying us of the manager's withdrawal. Our system records a single designated Host to whom all communications are sent, and whose instructions are followed. Therefore, if a Host has designated a manager, the manager's contact information will be indicated, and we will communicate with them.

4. Booking Accommodation

4.1. Guests have the option to use the website to view listings and availability and submit a booking request for an accommodation.

4.2. Guests are then redirected to a booking review page, which contains all the details of the reservation. If desired, Guests confirm the booking request by entering their payment information, accepting the Host’s terms of use and cancellation policy, and, if applicable, the accommodation rules. By submitting this request, Guests acknowledge that they have read the terms of use, the Guest/Host Agreement, the Host's cancellation policy, and the accommodation rules. Additionally, they confirm that they have reviewed the listing and that the accommodation meets their specific requirements. 4.3. Guests may be asked to verify their identity.

4.3 By submitting the booking request and providing payment card details, the Guest expresses his/her intention to enter into a contract for the occupancy of the Host's Accommodation for the specified period and at the specified price, in accordance with the provisions set out in the Guest/Host Agreement. The Guest also offers to pay for the additional services listed in the booking request. By submitting this request, the Guest acknowledges having read the conditions of use, the Guest/Host Agreement, the Host's cancellation policy and the rules and regulations of the Accommodation. In addition, they confirm that they have checked the ad and that the Accommodation meets their requirements.

4.4. The Guest may be asked to verify their identity.

4.5. The accommodation listing will indicate whether the Host has selected the "Instant Booking" or "Reservation Request" option. If the Guest chooses the former, they will receive a booking confirmation within minutes. If the latter option is chosen, the Host must send either a booking confirmation or a reservation refusal within 24 hours of receiving the request. A reservation is considered confirmed at the date and time the booking confirmation is sent to the Guest. This is the definition of an effective reservation to apply and interpret the Host's cancellation policy.

4.6. Upon receipt of the confirmation email and the deposit, the company, on behalf of the owner, will send an acknowledgment to the customer. The reservation is not considered effective until the required payment is received. Once the reservation is confirmed, the appropriate amount is charged, and the Villanium website acts as an intermediary between the Host and the Guest. All taxes associated with the rental of the Accommodation are the responsibility of the Host, including hotel/tourist taxes. The Guest agrees to pay any additional amounts required by the tax authority. If Villanium is required to stop collecting taxes imposed on the Guest, a notification will be sent, and the Guest will then be responsible for paying all taxes due to the relevant tax authority.

4.7. As a Guest, your reservation is personal, private, and not transferable without the Host's agreement. If you wish to request or cancel additional services from your Host, you must contact Villanium. However, some additional services must be booked or canceled more than 48 hours before your arrival, or according to the cancellation deadline specified by the service provider if it is more than 48 hours.

4.8. If the time allowed to receive a booking confirmation or a refusal notice has expired, the Guest must immediately contact our company by phone at +33 4 65 84 68 78 or by email at [email protected].

4.9. A legally binding agreement is concluded between the Guest and the Host as soon as the booking confirmation is sent, which is by the terms of the Guest/Host Agreement. Villanium is not involved in the Guest/Host Agreement.

4.10. The Guest and the Host agree to abide by the terms of the Guest/Host Agreement entered into for the purpose of the booking. If any conditions other than those in the Guest/Host Agreement are agreed upon, they are done so at their own risk and are not part of an agreement managed by Villanium, which disclaims all liability. These conditions must not contradict the Villanium Terms of Use, which will prevail in any case.

4.11. The Guest accepts that the booking confirmation for an accommodation grants them a limited right offered by the Host, allowing the Host to enter, stay, and use the Accommodation for the duration of their stay. To the extent permitted by law, the Host reserves the right to re-enter the Accommodation under the conditions of the Guest/Host Agreement.

4.12. The Guest agrees with the Host and Villanium to the following conditions:

The Guest must leave the accommodation at the specified time in the Host's listing or any other mutually agreed upon time.

If the Guest's stay extends beyond the agreed-upon departure time without the Host's agreement, the Host no longer has the right to stay in the Accommodation, and the Host has the right to require the Guest to leave the Accommodation by applicable law.

On request, the Guest must indemnify the Host through Villanium (as an intermediary) for "overstay fees" (defined below) for the period that begins at the scheduled departure time and ends with the Guest's actual departure.

Villanium, as the Host's collection agent, may be required to collect the additional fees from the Guest's payment card on behalf of the Host.

4.13. The amount of additional fees is calculated based on a daily rate of 24 hours for each hour of overstay, and is the sum of the following elements:

The amount is twice the regular Accommodation Fees for one night of booking.

The amount of Villanium Service Fees.

Any incidental costs, such as fees incurred by the Host or Villanium for processing the payment.

Legal costs related to Guest overstay.

4.14. If a Guest requests that the Host arrange goods or services through a third party, they must accept that the provision of this service is subject to the third party's terms and conditions. Neither the Host nor Villanium are liable if the service is not executed by the third party.

5. Fees, Commissions, and Payments

5.1. Regarding the services we provide, fees are applicable as follows:

"Accommodation Fees," which represent the amounts collected from Guests for the occupation of Hosts' accommodations and any other requested additional services.

"Security Deposit," the amount specified in the accommodation listing, which serves as a deposit for any damage caused to the accommodation during the guest's stay. The amount will be applied as specified in Section 5, as well as for any other requested additional services.

"Villanium Service Fees," which we charge to Guests and Hosts for providing our service. These fees are included in the total accommodation fees, plus applicable sales taxes. Guests and hosts agree that Villanium service fees are non-refundable once a booking confirmation is sent, except in limited circumstances specified in the Guest Refund Policy and/or the applicable host cancellation policy. Additional costs may apply based on the accommodation and level of services provided. This information will be included in the booking confirmation before payment is made.

5.2. In the case of additional payments agreed upon between the Guest and the Host after the booking (including unpaid additional services and those related to losses and damages incurred during the stay), we reserve the right to charge the Guest and the Host (as applicable) up to 5% of the payment amount, plus applicable sales taxes, to cover our expenses for organizing these payments. To clarify, the amount of damages caused by the Guest will be deducted from the security deposit, and the payments will be made after the Guest has checked out.

5.3. As an Invité, when providing your payment card details, you must be the cardholder or legally authorized by the cardholder to use it. If you authorize a third party to handle your card, you certify to Villanium that this authorization is legal and approved by the card issuer. You agree to pay all charges incurred by you or another user at the prevailing rates. You are also responsible for paying applicable taxes on your declared bookings.

5.4. Villanium is explicitly authorized by the Host to act as a payment collection agent for the purpose of collecting payments from the Guest and remitting them to the Host in connection with the bookings. As a Guest, you acknowledge that if we collect payments on behalf of the Host, it will be as a payment collection agent to accept payments and redistribute accommodation fees, security deposit, and other payments due according to these terms of use and the Guest/Host Agreement. Therefore, when we collect payments, we will appear as a seller.

5.5. We may round up or down the amounts due by the Guest or the Host, or both, when warranted (based on the currency of the country, exchange rates, or for the purpose of simplified invoicing).

5.6. If you are a Guest and need to be refunded according to the Host's cancellation policy, and the reservation has been fully paid and you have not requested a refund (and we have confirmed that you will not), we will refund the amount due within 14 days of receiving the cancellation notice, provided that we have already retained the corresponding amount or can collect it from the Host. If we do not hold the necessary amount, the Host will be required to make the refund within 14 days of receiving the cancellation notice. Please note that Villanium service fees are non-refundable, except in specific cases specified in the Host's cancellation policy. Additionally, expenses, costs, or additional charges incurred in connection with a canceled reservation (including travel expenses and tickets to events) are not our responsibility or the responsibility of the Host. We recommend that you obtain appropriate travel insurance to cover bookings made through Villanium.

5.7. As a Guest, you are responsible for paying all applicable hotel or tourist taxes or similar taxes that may be due for the occupancy of the Accommodation under applicable laws. Please refer to Section 4.6 for further details on our handling of these taxes.

5.8. Guests are not permitted to pay the Host directly, and the Host is not authorized to collect payment directly from Guests outside of the Villanium service (including cash payments for additional services). Villanium disclaims any liability to the Guest (or the Host) with regard to payments made outside of the Villanium service or for the provision or non-provision of services related to such payments.

Security Deposit

5.9. Hosts are not allowed to charge Guests for cleaning services. However, if the accommodation is left in a very poor condition and requires professional cleaning, the Guest authorizes us (on behalf of the Host) to use the security deposit to cover the reasonable costs of such cleaning. If the required amount, as well as any other amounts owed to the Host, exceeds the security deposit, the Guest must pay the balance upon request.

5.10. The Host grants Villanium and its designated service providers in the Host/Villanium Agreement the right, on behalf of the Host, to charge the Guest's payment card for damages to the accommodation and its contents (excluding normal wear and tear) caused by the Guest during their stay, provided that it does not exceed the security deposit. If the cost of damages exceeds the balance of the security deposit, the Guest will be required to pay the full amount of damages to the Host upon request. Any claim by the Guest regarding deductions from the security deposit will be handled in accordance with the Disputes and Claims Resolution clause.

5.11. If the Host requests Villanium to deduct an amount from the security deposit, Villanium and its designated service providers in the Host/Villanium Agreement will inform the Guest within 48 hours of the deduction and explain the justifications given by the Host for the deduction.

Chargebacks

5.12. The Guest's right to initiate a chargeback on the payment card is subject to the provisions of the Disputes and Claims Resolution clause.

5.13. If the Guest fails to comply with clause 7.12 before requesting a chargeback, or if they pay for a reservation and subsequently dispute legitimate charges by initiating an unwarranted chargeback (in our opinion), whether fraudulently or otherwise, we will take whatever measures we deem necessary (including legal measures) to seek reimbursement of all amounts resulting from the unwarranted chargeback and the expenses and costs we incurred for this purpose. We do not tolerate fraudulent chargebacks.

5.14. Indeterminate chargeback includes disputes of fees incurred due to the Host's cancellation policy; disputes of fees incurred by the Host or ourselves when the Guest has failed to reasonably address the dispute with the Host in accordance with the Claims and Disputes Resolution clause; and requests for retroactive billing without any legitimate or associated justification.

5.15. Here are some key definitions related to currency payments:

5.16. The term "Adjusted Exchange Rate" includes the base rate plus 0 to 5% and applicable sales taxes charged by Villanium for certain sales.

5.18. The term "Base Exchange Rate" refers to the exchange rate that applies at the time of booking and is determined by Villanium, based on data from one or more third parties such as the Exchange rate (https://exchangeratesapi.io/). This rate is regularly updated but may not correspond to the actual market rate. This rate does not include Villanium's fees (commissions or markups).

5.19. When the Guest makes a payment, the "booking currency" is the currency in which the amount is settled. The Guest can identify it during the transaction. The booking currency for a given reservation may be different from the currency of the country where the accommodation is located.

5.20. "Accommodation country currency" refers to the default currency associated with the country where the accommodation is located. For example, for accommodation located in Paris, it will be Euro (€), and for accommodation located in Marrakech, it will be Moroccan Dirham (MAD).

5.21. The Guest can choose between two payment methods: a credit card or a PayPal account, both referred to as the "Payment Method".

Rounding

5.22. Villanium may, at its sole discretion, round the amounts payable by its members or to themselves to the nearest accepted currency unit (dollar, euro, or other). For example, an amount of €201.50 will be rounded to €202 while €202.49 will be rounded to €202.

5.23. Villanium will determine the base unit of currencies with several decimal places (10, 100, or 1,000). Examples of rounding that Villanium may apply are: 1,025 rounded to 1,030 and 1,042 rounded to 1,040; or 25,450 rounded to 25,500 and 15,449 rounded to 15,440; or 82,500 rounded to 82,000 and 83,499 rounded to 83,000.

Currency Conversion

5.24. For each transaction, Villanium will process payments in a currency that has been previously selected. Some currencies may not be available for regulatory or operational reasons. If a Guest makes a reservation request in a currency different from the accommodation country's default currency, Villanium will convert the accommodation fees and Villanium service fees to the booking currency at the base exchange rate or adjusted exchange rate in effect in the accommodation country at the time of the reservation request. The base exchange rate will be applied if Villanium cannot process the payment in the default currency of the payment method; in all other cases, the adjusted exchange rate will be applied.

5.25. The Guest can choose the currency in which they want to view listings and pay on villanium.com. They can scroll to the bottom of the screen and click on the currency icon to change the display and booking currency.

5.26. If the chosen currency for the reservation is not available in Villanium's options, the system will automatically change the payment currency to match the currency used in the accommodation country. 5.27. Once a confirmed reservation is modified or canceled and after currency conversion has been applied, the Guest's payment or refund will be processed in the reservation currency, and the amount will be calculated using the appropriate exchange rate in effect.

6. Cancellations and Refunds

Guest Cancellation

6.1. The Guest has the right to cancel their reservation at any time, subject to the conditions of the Host's cancellation policy as stated in the accommodation listing.

6.2. The terms of the Host's cancellation policy are incorporated into these terms of use, and all parties are required to adhere to them. The cancellation policies are as follows: a) "Flexible" cancellation policy, refund of up to 50% of the total amount confirmed on the reservation if canceled at least 30 days before the start of the stay. b) "Strict" cancellation policy, no refund for any cancellations made by the guest, with the deposits being retained by the Host. Reservations canceled at least 60 days prior to the start of the stay are exempt from payment of the remaining balance for their stay. Before making a reservation, the Guest must check the listing to understand the Host's cancellation policy that applies.

6.3. If the Guest wishes to cancel a confirmed reservation, they must do so through their Villanium account or by contacting Villanium directly. The cancellation will only be effective once Villanium has received the cancellation request.

6.4. If the Guest cancels a reservation, the amount refunded will depend on the cancellation policy chosen by the Host and stated in the accommodation listing. Villanium will process the refund within a reasonable timeframe after receiving the cancellation request, based on the applicable cancellation policy.

6.5. Any refunds made by Villanium will be made using the original payment method used by the Guest. The timing of the refund may vary depending on the payment provider and the Guest's bank or credit card issuer.

6.6. If the Host cancels a confirmed reservation, Villanium will make reasonable efforts to find alternative accommodations for the Guest. If alternative accommodations cannot be found or if the Guest does not accept the alternative accommodations, Villanium will refund the full amount of the reservation to the Guest.

6.7. The Guest acknowledges and agrees that any disputes over refunds or cancellations are between the Guest and the Host. Villanium's role is limited to facilitating the refund process and providing assistance as a mediator if necessary.

6.8. In the event of extenuating circumstances, such as natural disasters or health emergencies, that prevent the Guest from fulfilling their reservation, Villanium may override the Host's cancellation policy and provide a full or partial refund to the Guest at its discretion.

6.9. The Guest acknowledges and agrees that Villanium's liability for any refunds is limited to the fees charged by Villanium for facilitating the reservation. Villanium will not be responsible for any additional costs or liabilities incurred by the Guest.

6.10. If a reservation is canceled, the Guest and the Host are responsible for any fees or penalties imposed by their respective payment providers. Villanium will not be responsible for any such fees or penalties.

6.11. If the Guest has any questions or concerns regarding cancellations or refunds, they should contact Villanium for assistance.  

7. Disputes and Claims Resolution

7.1. Any disputes or claims between the Guest and the Host regarding an accommodation reservation or stay should be resolved directly between the Guest and the Host in accordance with the terms of the Host/Villanium Agreement and the Guest/Host Agreement. Villanium is not a party to these agreements and does not assume any responsibility for resolving disputes between Guests and Hosts.

Problem on arrival

7.2. If the Guest and the Host are unable to reach a resolution, they may seek assistance from Villanium as a neutral mediator to help facilitate communication and settlement. However, Villanium does not guarantee the success of any mediation process and encourages Guests and Hosts to seek legal advice if necessary.

7.3. Any disputes or claims arising from reservations or stays should be brought within the applicable statute of limitations and in accordance with the laws of the jurisdiction where the accommodation is located.

Problems during the guest's stay

7.4. The Guest agrees to cooperate with Villanium and provide any necessary information or documentation to support any claims or disputes. Failure to provide requested information or documentation may result in the resolution of the claim or dispute being delayed or denied.

7.5. Villanium reserves the right to charge a fee for any claims or disputes submitted to its resolution process. The fee, if applicable, will be communicated to the Guest prior to initiating the resolution process.

7.6. The resolution process of Villanium is final and binding on all parties involved. Any decisions made by Villanium regarding claims or disputes are final and cannot be appealed.

7.7. The Guest and the Host agree to act in good faith and cooperate with each other to resolve any disputes. However, if the Host and the Guest have not resolved a dispute under Clauses 7.2-7.6 within 48 hours of one party notifying the other party of the dispute, either party may notify Villanium.

7.8. If damage has been caused to the Accommodation, the Host must inform Villanium within 48 hours after the Guest's departure and provide evidence of the damage. Failure to notify the Host within 48 hours will be assumed that the damage was not caused by the Guest, unless there is evidence suggesting otherwise.

7.9. Once a claim (including damage to the Accommodation or deductions from the security deposit) is received by Villanium, we will do our best to process and respond to the relevant Guest or Host as soon as possible. The contact details provided in the reservation confirmation will be used to communicate with each party, unless otherwise instructed. Each party must provide us with all required information and evidence to investigate the claim.

7.10. After being notified by Villanium, if the dispute is not resolved within 14 days (or a shorter period if Villanium determines at its discretion that it cannot be resolved within that timeframe), the Guest and the Host may agree to follow an official mediation procedure. You are encouraged to check the online dispute resolution platform of the European Commission, accessible at the following link: https://ec.europa.eu/consumers/odr. Please note that Villanium is not obliged to use any other dispute resolution body for consumer disputes.

7.11. Both parties agree to cooperate with Villanium and provide assistance in good faith. They agree to provide Villanium with the necessary information and take the actions requested by Villanium about claims for damages or other issues related to a stay, personal property, or other items located in an Accommodation.

7.12. The Guest agrees not to bring legal action against the Host or initiate a chargeback on the payment card before the completion of the mediation or arbitration process under Clause 7 on claims and dispute resolution.

8. Guest Identity and Conduct

8.1. The individual making the reservation must be a Guest staying in the Accommodation, unless the Guest has clearly notified the Host otherwise (e.g., a reservation made by a proxy), in which case Articles 3.1 and 3.2 of the Villanium Member Charter will apply.

8.2. The maximum number of people and animals that can be accommodated is defined in the listing. If this number is exceeded, then Clause 6.7 applies.

8.3. We monitor all messages exchanged on the platform between Guests, users, and Hosts. If deemed necessary, we may assist the Guest or the Host in responding to certain inquiries. We have full authority to review and hide messages that violate our terms of use.

8.4. Unless otherwise agreed by the Host, you must be over 25 years old to book accommodation through our website. Individuals under the age of 25 may be included as additional Guests, subject to the rules of the Accommodation.

9. Cancellation of your Villanium Membership - Guest Terms

9.1. You may cancel your Villanium membership (and thus your status as a Villanium member) at any time by sending an email to [email protected].

9.2. We reserve the right to suspend or terminate your Villanium membership if we believe the terms of use have not been complied with. Notification of such action will be sent to you by email.

9.3. Cancellation of your membership entitles you to no refund for any accommodation you may have booked and paid for prior to the date of cancellation or termination of your membership.

9.4. For the avoidance of doubt, Clause 9 does not apply to Host members of Villanium.

10. Content-related terms

10.1. We or our licensors own all rights to our website and the content made available through it and social media platforms. These rights include, but are not limited to, text, images, photographs, and other resources related to your accommodation (digital content). All intellectual property rights are included in these rights.

10.2. In consideration of your acceptance of these terms of use, we grant the Host a non-exclusive, non-transferable, and non-commercial license to use our website and digital content to manage their accommodation during their membership with Villanium. Any other use is prohibited, including the use of our photographs. We reserve all other rights.

10.3. You agree not to:

10.3.1. Copy any element of our website or digital content other than for use by the Host by these terms and the Host/Villanium Agreement;

10.3.2. Alter or modify any part of our website or digital content, or allow the combination or integration of any part of our website with other programs; 10.3.3. Use any part of our website or digital content unlawfully, for an unlawful purpose, or in contravention of these terms of use, or act fraudulently or maliciously, for example, by hacking or introducing malicious code, including viruses, harmful data, or by committing fraud by knowingly introducing Trojans, logic bombs, or other harmful or technologically damaging material;

10.3.4. Attempt to gain unauthorized access to our website, the servers hosting our website, or other servers, computers, or databases connected to our website;

10.3.5. Attack our website through a denial-of-service attack or a distributed denial-of-service attack on our website;

10.3.6. Publish defamatory, indecent, misleading, discriminatory, or offensive content on our website;

10.3.7. Disclose sensitive or personal information about others;

10.3.8. Impersonate someone else;

10.3.9. Use our website or digital content to find a Host or Guest and to book their Accommodation outside of our website to bypass the obligation to pay Villanium's service fees;

10.3.10. Directly promote to Villanium members without our permission;

10.3.11. Use data mining, data harvesting, or data extraction tools to collect usernames, email addresses, or other information from our website for any purpose; or

10.3.12. Infringe our intellectual property rights or those of any third party when using our website or digital content.

10.4. As a platform for external applications, websites, and services or links to other websites, you acknowledge and agree that we are not responsible for the features or content provided by a third party. We also do not have the responsibility to inform you of any changes made to our website.

11. Access to our website and use

11.1. While we strive to make our website available 24 hours a day, we are not responsible for any failure or delay in meeting our obligations under these terms of use due to an event or circumstance beyond our control, including a failure of public or private telecommunications networks. Additionally, we may make periodic changes to our website without notifying you.

11.2. By using the rating and review feature offered on our website, you agree that: (a) your feedback is fair and based on facts, expressing your honest opinion following your stay in an accommodation; (b) your comments are not offensive, defamatory, or discriminatory; (c) we have the right to use your review on our website or other platforms, modifying its content as we see fit; (d) we may link your review to your username; and (e) we have the right to remove your review from our website at any time and at our discretion. We are not responsible for the opinions and reviews posted on our website, pursuant to applicable law.

11.3. While we assess accommodations as described on our website, we do not conduct in-depth identity verification of Hosts.

12. Liability

12.1. We provide our website and its digital content "as is" and to the extent permitted by applicable law. We disclaim all conditions, warranties, and representations, whether express or implied, regarding our website and digital content. We specifically exclude any warranty regarding the reliability or accuracy of any digital information.

12.2. We cannot limit or exclude our liability for the following: (a) death or personal injury caused by our negligence; (b) any fraud on our part; or (c) any other liability that cannot be excluded or limited under Irish law.

12.3. However, to the extent permitted by law and subject to clause 12.4 below:

12.3.1. Our liability to the Guest (whether in contract, tort, negligence, or fraudulent misrepresentation or otherwise) and in connection with their use or inability to use or delay in using any element of our website or digital content is limited as follows: 12.3.1.1. The total amount paid by the Guest for the relevant Accommodation through our service, in the event that the Villanium member brings a claim against us in connection with the provision or non-provision of a specific Accommodation, notwithstanding the exclusions outlined in these terms of use or the Guest/Host Agreement; or

12.3.1.2. 1 EUR / 1 GBP / 1 USD, in relation to all other claims that may be brought against us by a Villanium member or any other visitor to our website; and

12.3.1.3. In relation to our liability to you, we disclaim all liability, whether contractual, tortious, negligence, or fraudulent, or any other liability arising in connection with:

12.3.1.3.1. Any indirect or consequential expense, loss, cost, or damage;

12.3.1.3.2. Any loss of profit (whether direct or indirect);

12.3.1.3.3. Any damage to reputation;

12.3.1.3.4. Any loss, damage, or corruption of data;

12.3.1.3.5. The conduct of any Guest or Host; or

12.3.1.3.6. Any losses caused by a Guest or Host under the Guest/Host Agreement, including any damage or harm suffered by a Host, Guest, or member of a Guest's group; In each case, whether or not such losses were reasonably foreseeable, or we have been informed of the risk of such losses.

12.4. Our liability to Villanium Host members is outlined in the Host/Villanium Agreement.

12.5. Hosts are independent contractors and are not agents of Villanium. Villanium is not responsible for the actions, errors, or omissions, statements, breaches, or negligence of Hosts.

12.6. Both parties are required to comply with the terms of these terms of use and shall have no liability if their non-compliance is due to a terrorist attack, travel restriction imposed by a governmental authority, or a natural disaster such as a fire, flood, or explosion.

12.7. The Guest expressly agrees (unless clause 12.2 applies) that Villanium and its employees or agents shall have no liability for any injury or bodily harm suffered by the Guest or a member of their group in connection with the Accommodation.

12.8. The Guest agrees to pay the Host the full costs, claims, liabilities, or expenses incurred by the Host as a result of the Guest's non-compliance with the terms of use (or by anyone else who was in the Accommodation during the Guest's stay).

13. General

13.1. In the event of a dispute between a Host and Guest, the claims procedures specified in Article 7 of these terms of use shall apply.

13.2. We process your information in accordance with our privacy policy. By browsing our website, you consent to this processing and certify that all data provided by you is accurate.

13.3. We do not guarantee that our website will be secure or free from bugs or viruses.

13.4. We may contact you using the email address you provided at the time of your membership.

13.5. We have the optional ability to manually monitor, verify, hide, or respond to any communications made on our website for the purposes of fraud prevention, risk assessment, compliance, investigation, and customer support. We may also monitor, verify, hide, or respond to communications to correct, improve, and develop our product offerings.

13.6. Each section of these terms of use exists separately. If any court or authority determines that any of them is invalid or unenforceable, the others shall remain in effect.

13.7. In the event of a conflict between these terms of use and:

13.7.1. national or local laws and regulations ("local laws") governing the listing, accommodation, or reservation; and/or

13.7.2. European laws, directives, and regulations ("European laws"), the local laws and the European laws shall prevail.

13.8. These terms of use and their content are governed by Irish law. However, this shall not affect the rights of consumers in their country of residence under consumer protection laws. If you are acting as a consumer, you may only bring legal proceedings relating to this contract in the courts of Ireland or the competent courts in your jurisdiction of residence. If an Host wishes to enforce any right against you as a consumer, they must do so in the courts of your jurisdiction of residence. If you are acting in a professional capacity, you agree to submit to the exclusive jurisdiction of the Irish courts.

13.9. To contact us, send an email to: [email protected]

13.10. We, the Guest, and the Host agree that if a document has to be formally signed by a party, it can be signed electronically in any form, and such electronic signature shall be equivalent to a handwritten signature. To avoid any ambiguity, neither the Host/Villanium Agreement nor the Guest/Host Agreement requires a formal signature, as their provisions apply mandatorily in accordance with these terms of use.

13.11. We may amend these terms at any time without prior notice. The amendments will be posted on www.villanium.com, the applications, or the services, and will take effect immediately. Your continued use of the Villanium website and services after the posting of any amendment signifies your consent to that amendment.

Last update: 20/03/2024