Last updated: January 15, 2024
Section 22 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Parker Villas in the United States. Please read them carefully.
These Terms of Service ("Terms") are a binding legal agreement between you and Parker Villas that govern the right to use the websites, applications, and other offerings from Parker Villas (collectively, the "Parker Villas Platform"). When used in these Terms, "Parker Villas", "we", "us", or "our" refers to the Parker Villas entity.
The Parker Villas Platform enables users ("Members") to publish, offer, search for, and book services. Members who publish and offer services are "Hosts" and Members who search for, book, or use services are "Guests." Hosts offer accommodations ("Accommodations"), activities, excursions, and events ("Experiences"), and a variety of travel and other services (collectively, "Host Services," and each Host Service offering, a "Listing"). As the provider of the Parker Villas Platform, Parker Villas (or its affiliates) does not own, control, offer or manage any Listings or Host Services. Parker Villas is not a party to the contracts entered into directly between Hosts and Guests, nor is Parker Villas a real estate broker, travel agency, or insurer. Parker Villas is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service ("Payment Terms"). To learn more about Parker Villas's role see Section 15.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Parker Villas payment entities (collectively "Parker Villas Payments").
You can search for Host Services by using criteria like the type of Host Service, type of listing, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more.
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Parker Villas's service fee, offline fees, taxes, and any other items identified during checkout (collectively, "Total Price"). You are also agreeing that Parker Villas Payments may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Host Services (sometimes called a reservation in these Terms) is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host.
An Accommodation reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
An Experience reservation entitles you to participate in, attend, or join the Experience. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or join the Experience. Except where expressly authorized, you may not allow any person to join an Experience unless they are included as an additional guest during the booking process.
In general, if as a Guest you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a Travel Issue (as defined in our Guest Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under our Guest Refund Policy. Different policies apply to different categories and types of Listings; for example Experiences reservations are governed by the Experiences Guest Refund Policy. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation.
Hosts and Guests are responsible for any booking modifications they agree to make via the Parker Villas Platform or direct Parker Villas customer service to make ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation or Experience. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Parker Villas Platform and any Content (as defined below), including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.
As a Host, Parker Villas offers you the opportunity to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It's easy to create a Listing and you control your price, availability, and rules for each Host Service.
When you accept a booking request, or receive a booking confirmation through the Parker Villas Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Parker Villas's service fee (and applicable taxes) for each booking. Parker Villas Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
Your relationship with Parker Villas is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Parker Villas, except that Parker Villas Payments acts as a payment collection agent as described in the Payments Terms. Parker Villas does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
The Parker Villas Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, security deposits, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. Any offer of an Experience is subject to our Additional Terms for Experience Hosts.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and sharing spaces. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees, charges, and taxes in your Listing description and may not collect any additional fees or charges outside the Parker Villas Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Parker Villas Platform, in violation of our Off-Platform Policy.
If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Parker Villas to transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue (as defined in our Guest Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Parker Villas exceeds your payout, Parker Villas (via Parker Villas Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Parker Villas's Guest Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for Guest refunds. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that reservation until a refund decision is made.
Hosts and Guests are responsible for any Booking Modifications they agree to make via the Parker Villas Platform or direct Parker Villas customer service to make, and agree to pay any additional amounts, fees, or taxes associated with a Booking Modification.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Parker Villas for accuracy and may be incorrect or misleading.
Parts of the Parker Villas Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, "Content"). By providing Content, in whatever form and through whatever means, you grant Parker Villas a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to use, reproduce, modify, adapt, translate, create derivative works from, publish, publicly perform, publicly display, distribute and otherwise exploit such Content on the Parker Villas Platform, in all media now known or later developed. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any Content, including Feedback, and your right to object to derogatory treatment of such Content.
Parker Villas may charge fees (and applicable Taxes) to Hosts and Guests for use of the Parker Villas Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Parker Villas Platform, service fees are non-refundable. Parker Villas reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
You must follow these rules and must not help or induce others to break or circumvent these rules.
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Parker Villas. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Parker Villas. If you reported an issue to local authorities, Parker Villas may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
The agreement between you and Parker Villas reflected by these Terms is effective when you access the Parker Villas Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
You may terminate this agreement at any time by sending us an email or by deleting your account. Parker Villas may terminate this agreement and your account for any reason by giving you 30 days' notice via email or using any other contact information you have provided for your account. Parker Villas may also terminate this agreement immediately and without notice and stop providing access to the Parker Villas Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Parker Villas, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Parker Villas believes it is reasonably necessary to protect Parker Villas, its Members, or third parties; Parker Villas may, with or without prior notice:
For minor violations or where otherwise appropriate as Parker Villas determines in its sole discretion, you will be given notice of any intended measure by Parker Villas and an opportunity to resolve the issue, although we are not obligated to do so. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.
Parker Villas may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 11.3.
If you are a Host and terminate your Parker Villas account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the reservation's cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Parker Villas Platform has been limited, or your Parker Villas account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Parker Villas Platform through an account of another Member.
Parker Villas may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Parker Villas Platform and update the "Last Updated" date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Parker Villas Platform will constitute acceptance of the revised Terms.
If a Member provides evidence that another Member damaged their real or personal property ("Damage Claim"), the complaining Member can seek compensation through the Resolution Center. If the complaining Member escalates a Damage Claim to Parker Villas, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or Parker Villas determines in its sole discretion that they are responsible for the Damage Claim, Parker Villas via Parker Villas Payments can collect the amount of the Damage Claim from the responding Member and/or against any security deposit. You agree that Parker Villas may seek payment from you through any means available under these Terms or applicable law. Members agree to cooperate with and assist Parker Villas in good faith, and to provide Parker Villas with such information as may be reasonably requested by Parker Villas, in order to resolve any Damage Claims.
We offer a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Parker Villas, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Parker Villas has the right, but does not have any obligation, to monitor the use of the Parker Villas Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Parker Villas Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don't meet quality and eligibility criteria. Members acknowledge and agree that Parker Villas administers its Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Parker Villas in good faith, and to provide Parker Villas with such information and take such actions as may be reasonably requested by Parker Villas with respect to any investigation undertaken by Parker Villas regarding the use or abuse of the Parker Villas Platform. Parker Villas is not acting as an agent for any Member except for where Parker Villas Payments acts as a collection agent as provided in the Payments Terms.
You must register an account to access and use many features of the Parker Villas Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Parker Villas Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Parker Villas if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We provide the Parker Villas Platform and all Content "as is" without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Parker Villas Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Parker Villas has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Neither Parker Villas (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Parker Villas Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Parker Villas Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Parker Villas Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Parker Villas has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request under the Parker Villas Host Guarantee or Japan Host Insurance, in no event will Parker Villas's aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Parker Villas Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).
These limitations of liability and damages are fundamental elements of the agreement between you and Parker Villas. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Parker Villas's option), indemnify, and hold Parker Villas (including Parker Villas Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Parker Villas Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
This Dispute Resolution and Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Parker Villas in the United States, this Dispute Resolution and Arbitration Agreement will apply for determination of the threshold issue of whether this Section 19 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
Parker Villas and you agree that any and all disputes or claims that have arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Parker Villas Platform, or any Host Services or Listings, will be resolved exclusively through final and binding arbitration, rather than in court, except that you and Parker Villas can seek injunctive relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Dispute Resolution and Arbitration Agreement, "this Section 19," shall be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and, to the extent an issue is not addressed by federal arbitration law or federal law does not preempt state law, by the laws of the U.S. State where you reside (or, if you are a business, where your principal place of business is located).
Before initiating an arbitration, you and Parker Villas each agree to notify the other party in writing of any dispute and attempt in good faith to negotiate an informal resolution. Notice to Parker Villas must include your name, telephone number associated with your Parker Villas account (if any), the email address associated with your Parker Villas account, your mailing address, and a description of the dispute. Notice to you will be sent to the email address associated with your Parker Villas account. If the parties cannot resolve the dispute within 45 days of receipt of such notification, either party may initiate an arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the American Arbitration Association ("AAA") and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
You and Parker Villas mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Parker Villas Platform, Host Services, or the payment services (collectively, "Disputes") will be settled by binding individual arbitration (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Parker Villas agree that the arbitrator will decide that issue.
You and Parker Villas each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the "AAA Rules") then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of your residence (or if you are a business, your principal place of business) and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Parker Villas agree otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Parker Villas submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An arbitrator's decision shall be final and binding on all parties. An arbitrator's decision and judgment thereon shall have no precedential or collateral estoppel effect. The prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. If any party prevails on a statutory claim that affords the prevailing party attorneys' fees and costs, or if there is a written agreement providing for attorneys' fees and/or costs, the arbitrator shall award reasonable attorneys' fees and/or costs to the prevailing party, applying the same standards a court would apply under the law applicable to the claim(s).
If your claim against Parker Villas is for less than $10,000, Parker Villas will pay all arbitration fees and costs. If your claim against Parker Villas is for $10,000 or more, you are responsible for paying your own portion of the fees and costs and Parker Villas will pay all remaining arbitration fees and costs. Each party is responsible for its own attorneys' fees, unless the arbitrator awards them to a party consistent with applicable law.
Notwithstanding the provisions in Section 12 ("Modification"), if Parker Villas changes this Section 19 ("Dispute Resolution and Arbitration Agreement") after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Parker Villas's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Parker Villas in accordance with the provisions of this Section 19 ("Dispute Resolution and Arbitration Agreement") as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
Except as provided in Section 19.11 and subject to Section 11.5, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Parker Villas Platform or terminate your Parker Villas account.
We welcome your suggestions, comments and feedback on the Parker Villas Platform ("Feedback"). If you provide Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, reproduce, modify, adapt, translate, create derivative works from, publicly perform, publicly display, distribute, and otherwise exploit the Feedback for any purpose.
These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Parker Villas's place of business in Ireland. If Parker Villas wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are operating a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
Our Additional Legal Terms, Policies, Standards, and other supplemental policies and terms linked to in these Terms apply to your use of the Parker Villas Platform, are incorporated by reference, and form part of your agreement with Parker Villas.
Except as they may be supplemented by Additional Legal Terms, Policies, Standards, and other supplemental policies and terms, these Terms constitute the entire agreement between Parker Villas and you regarding your use of the Parker Villas Platform, and supersede any and all prior oral or written understandings or agreements between Parker Villas and you regarding your use of the Parker Villas Platform. No person or entity who is not a party to these Terms shall be a third-party beneficiary of these Terms. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Parker Villas. If any provision of these Terms is held to be invalid or unenforceable, it will be struck and will not affect the validity and enforceability of the remaining provisions. The titles of sections are for convenience only and have no legal or contractual significance. Any version of these Terms in a language other than English is provided for convenience. If there is any conflict with or discrepancy between the English language version and any other language version of these Terms, the English language version will apply and prevail.
No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Parker Villas's prior written consent. Parker Villas may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days' prior notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Parker Villas via email, Parker Villas Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means satisfy Parker Villas's obligations under Article 59 of the Japanese Housing Accommodation Business Act.
The Parker Villas Platform may contain links to third-party websites, applications, services or resources ("Third-Party Services") that are subject to different terms and privacy practices. Parker Villas is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
Some translations on the Parker Villas Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose, and non-infringement. Some areas of the Parker Villas Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
If you access or download our application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement.
Content made available through the Parker Villas Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Parker Villas and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Parker Villas Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Parker Villas grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Parker Villas Platform and accessible to you, solely for your personal and non-commercial use.
Parker Villas shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
You will receive administrative communications from us using the email address or other contact information you provide for your Parker Villas account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Parker Villas account. If we send you messages by SMS, you may opt out of receiving SMS messages (other than those related to verification or booking-related matters) by replying STOP to the number we sent the message from. In some cases we may also offer the option to text HELP for assistance, or text JOIN to restart messages.
If you have any questions about these Terms please email us at legal@parkervillas.com.
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