TERMS OF SERVICE
Terms of Service for European Users
Last Updated: 25 January 2024
Welcome to JMARTBookings!
Thank you for choosing JMARTBookings for your travel and accommodation needs. The following Terms of Service for European Users ("Terms") constitute a legal agreement between you (either as a Guest or Host) and JMARTBookings, defining your rights and responsibilities when using our services.
JMARTBookings Platform
The JMARTBookings platform provides an online venue that enables users ("Members") to publish, search for, and book a variety of travel and accommodation services. Members who publish and offer services are referred to as "Hosts", and those who search for or book services are "Guests". Hosts offer properties for accommodation and Guests can book these properties for their travel needs.
As the provider of the JMARTBookings Platform, we do not own or manage the properties listed by Hosts. JMARTBookings is not a party to the contracts entered into directly between Hosts and Guests, nor is it a real estate broker, travel agency, or insurer. Our role is limited to facilitating the availability of the platform and related services.
European Consumer Law
If you reside in the European Economic Area (EEA), you have the right to access the European Commission’s online dispute resolution platform available at https://ec.europa.eu/consumers/odr. JMARTBookings is not obliged to use alternative dispute resolution entities to resolve disputes with consumers.
Guest Terms
JMARTBookings provides a user-friendly platform where Guests can search for accommodations tailored to their needs using detailed filters. These filters include but are not limited to location, price range, type of property, amenities offered, and accessibility options. Each listing provides comprehensive information, including high-resolution photographs, detailed descriptions, availability dates, host profiles, and guest reviews.
Bookings are initiated by selecting a desired property and completing an online booking form. Upon submission, the platform processes transactions securely, and a confirmation email is sent immediately to confirm the booking details. This email will include the property address, booking dates, price breakdown, and a unique booking reference number. Guests are advised to review all property details thoroughly to ensure the accommodation meets their expectations and to understand the house rules and policies set by the Host.
Before finalizing a booking, Guests may communicate directly with Hosts through the JMARTBookings messaging system to clarify any concerns or special requirements. This direct line of communication ensures that both parties are clear about the expectations and any specific arrangements needed for the stay.
The cancellation policy on JMARTBookings is set by individual Hosts and is clearly stated in each listing under the terms and conditions of booking. These policies may vary, offering different levels of flexibility including flexible, moderate, and strict cancellation options. Guests are encouraged to review these policies carefully before making a booking to understand the implications of a potential cancellation or modification.
In the event that a Guest needs to cancel a booking, they must initiate the cancellation process through their JMARTBookings account, which will outline the steps to follow and any potential refunds based on the cancellation policy in effect. If a Guest encounters any reservation issues, such as an overbooking or a property not meeting the advertised standards, JMARTBookings provides a resolution centre. This centre facilitates mediation efforts between the Guest and the Host to resolve disputes amicably. The platform may intervene in extreme cases to ensure fair treatment and adherence to terms of service.
Guests can request modifications to their bookings, such as changing the dates or the number of guests. Such requests are subject to availability and must be approved by the Host. Adjustments to reservations may result in changes to the booking cost, and Guests will be informed of any additional charges that may apply. Refunds, when applicable, are processed back to the original mode of payment and may take several days to complete depending on the Guest’s financial institution.
As a Guest on JMARTBookings, you hold several responsibilities to ensure a smooth and enjoyable stay for both you and your Host. It is imperative that you conduct yourself in a responsible and respectful manner at all times. You are expected to adhere to the property rules set out by the Host, which may include restrictions on smoking, pets, parties, and noise levels.
Prior to booking, you must complete an identity verification process. This process enhances the trust and safety of the JMARTBookings community and must be completed to activate your booking capabilities. Additionally, ensure that all personal information provided during account setup is accurate and regularly updated. This includes contact information, payment details, and any other pertinent personal data that could affect your booking or stay.
During your stay, you are liable for any damages caused to the property. Should any damage occur, it is your responsibility to report it to the Host immediately and arrange for compensation or repair, as agreed with the Host. Failure to adhere to these responsibilities can result in penalties such as loss of booking privileges on JMARTBookings, financial reimbursement demands, or legal action in severe cases.
Host Terms
As a Host on JMARTBookings, you are responsible for providing an accurate and truthful presentation of your listing. This includes a comprehensive description covering all aspects of your property such as size, location, amenities available, and any unique features or restrictions (e.g., pet policies, accessibility features). High-resolution photographs should accurately reflect the rental space and amenities. It's imperative to set realistic expectations to avoid guest dissatisfaction.
Hosts are expected to maintain a high standard of hospitality. This encompasses the cleanliness of the property, timely communication with Guests, and reliability in terms of honoring reservations. Immediate responsiveness to guest inquiries and clear, polite communication are crucial for maintaining a positive reputation on the platform. Consistent delivery of service as advertised and proactive engagement with guests during their stay to address any needs or issues that arise are also key components of successful hosting.
As a Host, you have full autonomy over your listing details on JMARTBookings. This includes the ability to set and adjust the availability of your property, pricing, and specific house rules that Guests must agree to before booking. Regular updates to your listing's calendar are essential to prevent overbooking and to manage guest expectations effectively.
Accurate calendar management involves promptly blocking out dates when the property is not available and updating the listing should any changes in amenities or property conditions occur. Regularly reviewing and adjusting your pricing based on seasonal demand or special events in your area can also help maximize your occupancy rates. Detailed house rules should be provided to ensure that all potential guests are aware of what is expected during their stay and to prevent any misunderstandings.
Hosts must establish and uphold clear cancellation policies. These policies should be aligned with JMARTBookings' standards and clearly communicated to Guests at the time of booking. Whether your policy is strict, moderate, or flexible, it should be consistently applied to all guests to maintain fairness and transparency.
Effective management of reservations is crucial. Hosts are encouraged to confirm bookings promptly and to communicate any necessary details or changes to guests as soon as possible. In the event of a need to cancel a reservation, hosts must notify guests immediately, provide a valid reason for the cancellation, and assist guests in finding alternative accommodations if possible. Frequent cancellations can lead to penalties such as visibility reduction on the platform or removal from the platform in severe cases.
Hosts are responsible for understanding and complying with local tax laws, including, but not limited to, occupancy taxes, sales taxes, and income taxes. This responsibility includes collecting the correct amounts from guests, reporting income, and remitting taxes to the appropriate tax authorities. JMARTBookings provides general guidance and resources to assist hosts in navigating tax obligations, but it is the individual host’s duty to ensure compliance with all relevant tax regulations.
JMARTBookings does not assume liability for tax compliance on behalf of Hosts. It is highly recommended that hosts consult with tax professionals to ensure that they are fully compliant with local laws and regulations. Failure to comply with tax laws can result in fines, legal penalties, or other enforcement actions.
General Terms
Reviews on JMARTBookings play a critical role in maintaining transparency and building trust among users. Both Guests and Hosts are strongly encouraged to leave detailed, honest, and respectful feedback after each transaction. Reviews should accurately reflect the true experience of the stay, focusing on aspects such as the accuracy of the listing description, the cleanliness of the accommodation, the nature of the interaction with the host, and overall satisfaction with the stay. JMARTBookings uses these reviews to assess service quality and may intervene in cases where repeated negative feedback indicates a problem with a Host or a Guest. Constructive criticism is welcomed, but it must be expressed respectfully to ensure a constructive dialogue.
Content contributed by users, including text, images, and videos, must adhere to copyright laws and respect intellectual property rights. JMARTBookings' content policy strictly prohibits offensive, explicit, discriminatory material, or any content that infringes on privacy or promotes illegal activities. Content that fails to meet these standards will be subject to moderation, including editing or removal, to ensure that the platform remains a respectful and legal space for all users. Hosts and Guests are responsible for ensuring that they have the necessary rights and permissions to publish any content on the platform.
JMARTBookings charges a service fee for each booking made through the platform. The fee amount is disclosed at the time of the transaction and is calculated based on factors such as the total booking cost, the location of the property, and the type of service provided. These fees are used to support the operation of the platform, including technological development, customer service, and marketing. Fee structures are subject to change, and any changes will be communicated to users in advance through updates to the platform’s pricing policy.
Users of JMARTBookings are expected to adhere strictly to the platform rules which govern account conduct. These rules prohibit fraudulent activities, abuse, and other forms of illicit behavior. Engaging in such actions can result in various penalties, including the temporary suspension or permanent termination of user accounts. These measures are in place to protect the integrity of the platform and ensure a safe, trustworthy environment for all users.
JMARTBookings actively monitors the content published on the platform to ensure it complies with our content standards. The platform reserves the right to remove or modify content that violates our policies or poses a risk to user safety or satisfaction. This moderation is a part of our commitment to maintaining a respectful and lawful online environment.
JMARTBookings reserves the right to terminate or suspend any account that violates our terms of service or engages in behavior detrimental to other users or the platform itself. Actions that warrant such measures include, but are not limited to, repeated breaches of our user agreement, fraudulent activities, or behavior that results in multiple complaints from other users.
We have established a robust system for handling complaints and disputes to facilitate fair and timely resolution. This system allows both Guests and Hosts to submit complaints directly through the platform, where our dedicated support team reviews and mediates disputes. This system ensures that all users have access to a fair process for resolving issues that may arise during their interactions on JMARTBookings.
JMARTBookings reserves the right to modify these terms at any time. Such modifications will be effective immediately upon posting on the platform, unless otherwise specified. Users will be notified of significant changes through platform notifications or via email, and continued use of the platform after any changes will constitute acceptance of the modified terms.
In the event of disputes between Guests and Hosts related to damage claims or other complaints, JMARTBookings provides mediation services to facilitate amicable resolutions. Our goal is to help both parties reach a satisfactory resolution that minimizes inconvenience and fosters continued positive interactions on the platform.
JMARTBookings serves as an intermediary that facilitates bookings and payments for accommodations and experiences. We do not own, manage, or control any of the properties listed on our platform, nor do we act as a real estate broker or insurer. Our primary role is to provide a secure and efficient platform for users to list and book accommodations worldwide.
Users are wholly responsible for the security and confidentiality of their JMARTBookings account information. This responsibility includes, but is not limited to, safeguarding any passwords, usernames, or other credentials associated with their account. Users must ensure that their account information is not accessible to unauthorized parties. In the event of any unauthorized use of a user's account or security breach, users are required to report the incident to JMARTBookings immediately. Prompt reporting allows JMARTBookings to take necessary actions to protect the account and mitigate any potential damages or misuse that could arise from such unauthorized access.
JMARTBookings makes every effort to ensure the accuracy of the information presented in its listings. However, the platform cannot guarantee that all content provided by users or third parties is free of errors or omissions. Therefore, JMARTBookings disclaims all liability for any inaccuracies in the listings or non-compliance by users with the agreements made via the platform. Users are encouraged to exercise due diligence and independently verify any information before making any decisions based on content found on JMARTBookings.
The liability of JMARTBookings is strictly limited to the extent permitted by applicable law. JMARTBookings will not be liable for any indirect, incidental, consequential, special, or exemplary damages resulting from the use of the platform, regardless of whether these damages were foreseeable and whether JMARTBookings was advised of the possibility of such damages. This limitation of liability is a fundamental element of the basis of the bargain between JMARTBookings and its users.
Users agree to indemnify, defend, and hold harmless JMARTBookings, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms or any activity related to the user's account (including negligent or wrongful conduct) by the user or any other person accessing the service using the user's account.
The specific JMARTBookings entity with which a user contracts can vary depending on the user’s geographical location and the type of transaction involved. The details of these contracting entities, including their legal identities and the nature of their legal obligations, are fully outlined in our contractual terms. This section helps clarify the legal framework under which transactions are conducted on JMARTBookings, providing transparency and legal certainty to all parties involved.
These terms and any disputes arising out of or related to the services provided by JMARTBookings are governed by the laws of the United Kingdom, without regard to its conflict of law provisions. This means that the interpretation and enforcement of these terms will be based on UK law, and any legal proceedings must be conducted in the appropriate courts of the United Kingdom, unless otherwise agreed upon in a written agreement.
These terms and conditions represent the entire agreement between JMARTBookings and the user, superseding all prior agreements, communications, and proposals, both written and oral, regarding the use of JMARTBookings. No amendment, modification, or supplement of any provision of these terms will be valid or effective unless made in accordance with the express terms of these terms or authorized in writing by an authorized representative of JMARTBookings.
For users in the United States, any disputes arising out of or related to these terms or the services provided by JMARTBookings that cannot be resolved through informal negotiations will be finally settled in arbitration. The arbitration will be conducted in the United States in accordance with the rules of the American Arbitration Association. This arbitration agreement is intended to be broadly interpreted and includes any disputes or claims arising out of or relating to any aspect of the relationship between the user and JMARTBookings, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
Business Hosts on JMARTBookings are subject to additional requirements that go beyond the standard hosting expectations. These requirements are designed to ensure compliance with various commercial regulations and industry standards applicable to businesses operating in the hospitality sector. Business Hosts must:
Complaint Handling and Mediation
To support Business Hosts in maintaining high service standards, JMARTBookings offers specific procedures and support systems for handling complaints and disputes. These include:
Access to Data
Business Hosts have access to enhanced data analytics and booking information through JMARTBookings, enabling them to make informed decisions about their operations. This data must be handled responsibly and in compliance with applicable privacy laws. Key points include:
Additional Distribution Channels
Business Hosts may expand their reach by utilizing additional marketing and distribution channels provided by JMARTBookings, subject to specific terms and agreements. These opportunities allow Business Hosts to target broader audiences and increase bookings through:
TERMS OF SERVICE FOR USERS OUTSIDE THE EEA, UK, AND AUSTRALIA
Last Updated: 25 January 2024
Thank you for using JMARTBookings!
These Terms of Service (“Terms”) constitute a legally binding agreement between you and JMARTBookings, governing your access to and use of the websites, applications, and other offerings from JMARTBookings (collectively, the “JMARTBookings Platform”). When referenced in these Terms, “JMARTBookings,” “we,” “us,” or “our” refers to the JMARTBookings entity outlined in Schedule 1 with which you are contracting.
The JMARTBookings Platform enables users (“Members”) to publish, offer, search for, and book a range of services. Members who publish and offer services are referred to as “Hosts,” while those who search for, book, or use services are “Guests.” Hosts provide accommodations (“Accommodations”), as well as activities, excursions, and events (“Experiences”), among a variety of travel and other services (collectively referred to as “Host Services,” with each offering termed a “Listing”). As the provider of the JMARTBookings Platform, JMARTBookings (or its affiliates) does not own, control, offer, or manage any Listings or Host Services. JMARTBookings is not a party to any contracts made directly between Hosts and Guests, nor is JMARTBookings a real estate broker, travel agency, or insurer. JMARTBookings does not act as an agent in any capacity for any Member, except as specifically outlined in the Payments Terms of Service (“Payment Terms”).
We maintain additional terms and policies that supplement these Terms, such as our Privacy Policy, which details our collection and use of personal data, and our Payments Terms, which govern the payment services provided to Members by the JMARTBookings payment entities (collectively referred to as "JMARTBookings Payments").
Guest Terms
Advanced Search Functions: JMARTBookings offers a sophisticated search interface that allows guests to refine their search results according to various criteria such as location, accommodation type, price range, amenities, and available dates. This feature is designed to help guests efficiently find listings that cater to their specific preferences and requirements.
Booking Process: Once guests have selected their preferred accommodation, they can proceed to book directly through JMARTBookings’ secure online system. The booking process requires guests to enter necessary information such as check-in and check-out dates, the number of guests, and payment details. Our system ensures the security of all transactions with state-of-the-art encryption technology.
Instant Confirmation: Upon successful completion of the booking process, guests receive an instant confirmation via email or through the JMARTBookings mobile application. This confirmation includes a summary of the booking details, the total cost, and a unique booking reference number, along with contact information for the host and any special instructions or policies related to the stay.
Cancellation Policies: Each host on JMARTBookings sets their own cancellation policy, which can range from flexible to strict. These policies are clearly displayed on the listing page and are also summarized during the booking process. Guests are strongly encouraged to review these policies carefully before finalizing their bookings to understand the conditions under which a cancellation or modification is permitted and any associated penalties or fees.
Handling Reservation Issues: In the event of any issues arising with a reservation, such as overbooking or discrepancies in the listing description, JMARTBookings provides a dedicated support system to assist guests. Our customer service team is available to help resolve such issues promptly and to ensure that guests receive appropriate alternatives or compensation.
Refunds and Modifications: If a guest needs to cancel or modify a booking, this can be done through their JMARTBookings user account, subject to the specific cancellation policy of the listing. Refunds are processed in accordance with the terms of the cancellation policy at the time of booking and will be returned via the original method of payment. Modifications to bookings, such as changes in dates or guest numbers, are subject to availability and approval by the host and may result in additional charges.
Adherence to Booking Terms: Guests are required to comply with all terms of their booking, including any specific conditions or rules set by the host. This includes, but is not limited to, restrictions on pets, smoking, and the number of allowable guests.
Respect for Property Rules: It is essential that guests respect the property rules established by hosts. These rules are in place to ensure the safety, comfort, and well-being of both guests and hosts. Non-compliance with property rules may result in penalties such as forfeiture of security deposits, additional charges, or termination of the stay.
Assumption of Risk: By booking accommodation through JMARTBookings, guests acknowledge and accept the inherent risks associated with travel, including staying in unfamiliar environments and interacting with hosts and other third parties. While JMARTBookings endeavors to ensure the safety and quality of listings through its platform, guests are responsible for their own safety and must take reasonable precautions during their stay.
Host Terms
Accurate Property Descriptions: Hosts are obligated to provide thorough and accurate descriptions of their properties. This includes detailed information about the location, size, amenities, accessibility features, and any unique attributes of the accommodation. Photographs should be current and accurately reflect the condition and decor of the property.
Compliance with Regulations: All listings must comply with local, state, and national regulations. This includes zoning laws, health and safety standards, and any other legal requirements specific to the location of the property. Hosts are responsible for regularly reviewing and adhering to these regulations to ensure continued compliance.
Safety Standards: Ensuring the safety of guests is paramount. Hosts must equip their properties with essential safety features, including smoke detectors, carbon monoxide detectors, fire extinguishers, and first aid kits. Regular maintenance checks should be conducted to ensure all safety equipment is functional and accessible.
Control Over Listings: Hosts retain full control over their listings on JMARTBookings. This includes the ability to set and adjust pricing, update availability calendars, and modify the terms of accommodation as needed.
Regular Updates: To maintain the accuracy and reliability of listings, hosts are required to perform regular updates to their property information. This includes revising the availability calendar, updating pricing to reflect seasonal variations or special promotions, and modifying the property description as renovations or changes occur.
Guest Communication: Prompt and clear communication with potential and current guests is essential. Hosts should respond to guest inquiries, reservations, and any issues that arise during stays in a timely and professional manner.
Cancellation Policies: Hosts are required to establish clear cancellation policies for their listings. These policies must be communicated to guests at the time of booking and adhered to consistently. Policies should clearly outline the timeframe for cancellations, any penalties incurred, and the process for handling last-minute changes.
Handling Reservation Issues: Effective management of reservations is crucial. Hosts should ensure that double-bookings do not occur and that any potential issues that could disrupt a guest's stay are addressed proactively. In the event of unavoidable cancellations or changes from the host's side, guests should be notified immediately, and alternative arrangements or refunds should be offered.
Tax Obligations: Hosts are responsible for understanding and meeting their tax obligations. This includes registering for and collecting income, sales, and occupancy taxes in accordance with local laws. It is advisable for hosts to consult with a tax professional to ensure compliance with tax regulations relevant to short-term rentals.
Record Keeping: Maintaining detailed records of all bookings and financial transactions related to hosting activities is necessary. This documentation will assist in accurate tax filings and can provide protection in the event of audits or legal disputes.
General Terms
Importance of Reviews: Honest and respectful reviews from both guests and hosts are integral to maintaining the integrity and transparency of the JMARTBookings platform. Reviews help prospective guests make informed decisions based on previous experiences and provide hosts with valuable feedback for service improvement.
Guidelines for Reviews: All reviews should be based on actual experiences and must not contain offensive or defamatory language. JMARTBookings encourages users to provide constructive feedback that is both honest and respectful. Reviews found to violate these guidelines may be moderated or removed to protect the community.
Compliance with Copyright Laws: All content uploaded by users, including text, images, and videos, must comply with international copyright laws and respect intellectual property rights. Users are responsible for ensuring they have the right to upload or share content and must not infringe on the rights of others.
Content Moderation: JMARTBookings reserves the right to remove or edit content that violates our content policy or that is deemed inappropriate, offensive, or misleading. This ensures that all information presented on the platform is reliable and respectful.
Service Fees: JMARTBookings charges a service fee for each booking made through the platform. These fees are used to cover the operational costs of the platform and to provide support and services to users. The amount of the fee may vary based on factors such as the location of the property, the length of stay, and the total cost of the booking.
Transparency in Pricing: All service fees will be clearly displayed during the booking process, ensuring users are fully informed about the total cost before any payment is made.
Adherence to Rules: Users of JMARTBookings must comply with all platform rules, which include prohibitions on fraudulent behavior, abuse, and misuse of the service. These rules are in place to protect all users and to maintain the integrity of the platform.
Consequences of Violations: Violations of platform rules can result in penalties, including but not limited to the suspension or termination of user accounts. JMARTBookings takes these violations seriously and will take necessary actions to enforce platform rules and protect its community.
Right to Terminate: JMARTBookings reserves the right to terminate or suspend accounts that violate our policies, are involved in illegal activities, or otherwise harm the platform or its users. This includes actions that disrupt the service or create safety issues.
Process and Notification: Affected users will be notified of the reasons for the termination or suspension of their accounts. Users will have the opportunity to respond or rectify the issue, where appropriate, before a final decision is made.
Changes to Terms: JMARTBookings may modify these terms and policies at any time, with changes becoming effective immediately upon posting. Users are encouraged to review the terms regularly to stay informed of any updates.
Dispute Resolution System: JMARTBookings has established a system for resolving disputes between users, facilitating fair and timely resolutions. This system helps manage and mediate conflicts that arise from service delivery, property damage, or other issues related to bookings.
JMARTBookings serves as a facilitative platform, bridging the gap between hosts who offer accommodations and guests seeking to book them. The core functionality of JMARTBookings lies in providing a user-friendly interface where hosts can list their properties and potential guests can browse and book these listings. While JMARTBookings supplies the necessary technological infrastructure and user support, it does not assume ownership, management, or direct control over the properties listed. The accuracy of listings, the quality of the accommodations, and the conduct during stays are the responsibilities of the hosts and guests, respectively. JMARTBookings' primary role extends to ensuring that transactions are processed efficiently, providing robust customer support, and facilitating resolution of disputes that may arise between parties using advanced conflict resolution mechanisms and customer service protocols.
Responsibility for the security and confidentiality of member accounts on JMARTBookings rests solely with the users. This includes safeguarding any usernames, passwords, and other sensitive information associated with their accounts. Users must take proactive measures to prevent unauthorized access, and in the case of any suspected or actual unauthorized use or security breach, it is imperative that they contact JMARTBookings without delay. Timely reporting of such incidents is crucial as it allows JMARTBookings to take swift action to secure the account and prevent further unauthorized activity, thereby upholding the integrity and security of the platform.
JMARTBookings explicitly disclaims all warranties related to the platform, both express and implied. This includes but is not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Users acknowledge that their use of the platform is at their sole risk. JMARTBookings does not guarantee that the service will be uninterrupted or free from errors. The platform and all content, products, and services offered through it are provided on an "as is" and "as available" basis, without warranties of any kind.
In no event will JMARTBookings be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of its services. This includes, but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses, even if JMARTBookings has been advised of the possibility of such damages. The liability of JMARTBookings is limited to the maximum extent permitted under applicable law.
Users agree to indemnify, defend, and hold harmless JMARTBookings, including its directors, officers, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with their access to or use of the platform, their violation of these terms, or their violation of any rights of another.
The specific JMARTBookings entity that users contract with may vary based on geographical location and the nature of the transaction. This differentiation allows JMARTBookings to comply with local laws and regulations appropriately. Full details about these contracting entities and their respective obligations are available in the contractual terms at the point of engagement with the platform.
For users residing in the United States, these terms and any disputes arising from them are governed by and construed in accordance with the laws of the United States, excluding its conflict of law principles. Any legal proceedings must be conducted in the specified courts within the United States, which will have exclusive jurisdiction over such matters.
Disputes between JMARTBookings and users in the United States are subject to binding arbitration under the rules of the American Arbitration Association. This arbitration agreement requires that disputes be resolved on an individual basis, explicitly precluding any class or representative proceedings.
For users in China, the terms are governed by the laws of China. Any disputes arising from these terms will be resolved exclusively in the courts of China, which will hold jurisdiction to manage such cases.
Brazilian law governs the terms for users located in Brazil, with all disputes to be resolved in Brazilian courts, which will have exclusive jurisdiction over such matters.
For users situated outside the previously mentioned regions, local laws of the user’s location govern these terms. Disputes are resolved in accordance with local legal standards in specified local venues, ensuring compliance with regional legal requirements.
These terms represent the complete and exclusive statement of the agreement between JMARTBookings and the user, superseding all prior agreements, communications, and proposals, both oral and written, regarding the subject matter herein. Any modifications to these terms must be made in writing and signed by an authorized representative of JMARTBookings or posted by JMARTBookings on the platform.
TERMS OF SERVICE FOR AUSTRALIAN USERS
Last Updated: January 25, 2024
Thank you for using JMARTBookings!
These Terms of Service for Australian Users (“Terms”) are specifically tailored to comply with the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. The provisions of these Terms, especially Sections 1.3, 3, 5.3, 5.4, 5.5, 10, 17, 18, and 19, are intended to apply to the maximum extent permitted by these laws.
Section 23 of these Terms contains an arbitration agreement and class action waiver that applies to all claims brought against JMARTBookings in the United States. Please read these carefully.
The JMARTBookings Platform functions as an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are termed “Hosts,” while those who search for, book, or use services are referred to as “Guests.” Hosts provide a range of offerings including accommodations (“Accommodations”), activities, excursions, and events (“Experiences”), along with various travel and other services (collectively known as “Host Services,” with each offering described as a “Listing”).
As the provider of the JMARTBookings Platform, JMARTBookings does not own, control, offer, or manage any Listings or Host Services. JMARTBookings is not a party to the contracts made directly between Hosts and Guests, nor does it function as a real estate broker, travel agency, or insurer. JMARTBookings acts only as an intermediary, facilitating transactions between Members, except as explicitly specified in the Payments Terms of Service (“Payment Terms”).
Guest Terms for JMARTBookings
1. Searching and Booking on JMARTBookings
Advanced Search and Booking Features
JMARTBookings offers a sophisticated search interface that allows guests to refine their accommodation and experience options based on multiple criteria. This includes location, accommodation type (such as hotels, apartments, vacation homes, or unique stays like treehouses and igloos), price range, amenities (such as Wi-Fi availability, pet-friendly options, or accessibility features), and more. The platform's search engine is designed to provide users with the most relevant results tailored to their specific needs.
Booking Process
Once guests have selected their preferred accommodation or experience, they can proceed through a streamlined booking process. This process includes a detailed overview of the property or experience, including high-resolution images, comprehensive descriptions, guest reviews, and a clear outline of features and services. Guests are guided through a step-by-step process where they can select dates, specify guest numbers, and include any special requests. Before finalizing the booking, guests are prompted to review all details closely to ensure that the selection meets their expectations.
Confirmation and Communication
Upon completing the booking process, guests receive instant confirmation of their reservation via email or through the JMARTBookings mobile application. This confirmation includes all vital details such as booking ID, check-in and check-out dates, location specifics, and contact information for the host. Guests also receive instructions on how to communicate directly with their hosts to facilitate smooth check-in arrangements and discuss any preliminary inquiries.
2. Cancellations, Reservation Issues, Refunds, and Booking Modifications
Cancellation Policies
Hosts on JMARTBookings set their cancellation policies, which can range from very flexible to very strict. These policies are prominently displayed on each listing and include detailed explanations of the terms, including deadlines for free cancellations and any applicable penalties for late cancellations. Guests are strongly encouraged to review these policies thoroughly before booking to understand the implications of a potential cancellation.
Handling Reservation Issues
In the event of a reservation issue, such as a double booking or a last-minute host cancellation, JMARTBookings provides dedicated support to help resolve the situation. The platform offers alternatives or refunds, and our customer service team is equipped to handle disputes to ensure minimal inconvenience to guests.
Modifications and Refunds
If a guest needs to modify a booking due to changes in travel plans or unforeseen circumstances, they can do so through the platform, subject to availability and the host’s modification policy. Modifications may include changes in dates, duration of stay, or even property selection, depending on the situation. Refunds for cancellations or modifications are processed in accordance with the host's policy, and JMARTBookings ensures that refunds are returned promptly to the original payment method used during booking.
3. Your Responsibilities and Assumption of Risk
Guest Responsibilities
Guests are expected to adhere strictly to the terms of their bookings. This includes respecting the property rules set by hosts, such as no smoking, no pets, or specific check-in and check-out times. Guests should treat the property with care and report any damages or issues to the host immediately.
Assumption of Risk:
By choosing to book through JMARTBookings, guests acknowledge and accept the inherent risks associated with their travel. This includes but is not limited to variations in accommodation standards, unexpected disruptions, and local conditions at the destination. Guests are responsible for their own safety and must take reasonable precautions during their stay.
Liability
Guests agree that JMARTBookings is not liable for any personal injuries, property damages, or other losses that may occur during their stay at an accommodation booked through the platform, except as directly caused by JMARTBookings' negligence.
Host Terms
4. Hosting on JMARTBookings
Listing Qualifications and Standards
Hosts are welcomed to list a diverse range of properties and experiences on JMARTBookings, from traditional accommodations like hotels and B&Bs to unique setups such as cabins, yachts, and event spaces. All listings must meet JMARTBookings’ quality standards which include cleanliness, safety, and guest comfort. Hosts are required to ensure their offerings comply with local health and safety regulations to guarantee a safe environment for guests.
Accuracy and Integrity of Information
It is imperative for hosts to provide detailed, accurate, and honest descriptions of their listings. This includes clear photographs, comprehensive descriptions of space, amenities available, and any restrictions or unique aspects of the property or experience. Accurate depiction helps guests make informed decisions and sets the right expectations, thereby enhancing guest satisfaction and reducing the likelihood of complaints and disputes.
Local Compliance
Hosts must adhere to all local zoning laws, licensing requirements, and other applicable regulations. Failure to comply with such legal requirements can result in removal from the JMARTBookings platform, legal action from local authorities, or penalties imposed by JMARTBookings.
5. Managing Your Listing
Control Over Listings
Hosts are given autonomy over their listings on the platform. This control extends to setting competitive prices based on market trends, seasonality, and special events. Hosts can update availability calendars in real-time to reflect current booking status, thus avoiding double bookings and ensuring that potential guests receive up-to-date information.
House Rules and Guest Instructions
Hosts are responsible for establishing clear house rules and guest instructions. These should cover all necessary aspects of a stay, including check-in and check-out times, pet policies, smoking rules, and any specific dos and don’ts applicable to the property. Clear communication of these rules prior to booking can prevent misunderstandings and ensure a smooth interaction between hosts and guests.
Ongoing Updates and Communication
Regular updates to listing details are crucial. Hosts must promptly update their listings to reflect any significant changes in the accommodation or experience, such as renovations, changes in amenities, or temporary unavailability of certain features. Effective and proactive communication with booked guests regarding any updates or changes is essential for maintaining trust and satisfaction.
6. Cancellations, Reservation Issues, and Booking Modifications
Cancellation Policies:
Hosts are required to establish and clearly communicate their cancellation policies. These policies should be fair and reasonable, providing guests with adequate time frames for penalty-free cancellations while protecting the hosts’ interests in the event of last-minute cancellations. Policies must be prominently displayed on the listing page and included in the pre-booking information provided to guests.
Managing Reservations and Modifications
Effective reservation management is key to a successful hosting experience. Hosts should confirm bookings promptly and keep communication channels open with guests to address any pre-arrival queries or concerns. In cases where booking modifications are necessary, hosts should work cooperatively with guests to adjust reservations, subject to availability and the originally agreed-upon terms.
Handling Reservation Issues
Hosts must take a proactive approach to resolve any issues that arise during the booking or stay. This includes overbookings, discrepancies in listing descriptions, or unexpected disruptions during the stay. Prompt and effective handling of such issues is crucial to prevent guest dissatisfaction and potential complaints.
General Terms
8. Reviews
Importance and Impact of Reviews
JMARTBookings highly values the feedback provided by both guests and hosts through reviews. Reviews play a critical role in maintaining the integrity and transparency of the platform, helping future guests make informed decisions and aiding hosts in improving their offerings. After the completion of a stay, guests and hosts are strongly encouraged to leave reviews that are honest, respectful, and accurately reflective of the experience.
Guidelines for Reviews
Reviews must adhere to the highest standards of integrity and honesty. All feedback should be based on actual experiences and not include any inappropriate language, personal insults, or irrelevant information. JMARTBookings monitors reviews to ensure they comply with our guidelines and reserves the right to remove any content that is deemed offensive or misleading.
9. Content
Content Compliance
All content posted on the platform, including photos, videos, text descriptions, and reviews, must comply with current copyright laws and respect intellectual property rights. Users are responsible for ensuring they have the necessary rights and permissions to post such content and must not infringe on the rights of third parties.
Content Moderation
JMARTBookings actively monitors the content uploaded to ensure that it does not violate legal standards or our community guidelines. Content that fails to meet these standards may be edited or removed to protect the rights of others and maintain the quality of the platform.
10. Fees
Service Fees
JMARTBookings charges a service fee for each booking facilitated through the platform. This fee is calculated as a percentage of the total booking value and varies depending on factors such as the type of service booked, the location, and the overall transaction amount. Detailed information about these fees is provided at the time of transaction to ensure transparency.
Fee Variability
The structure of service fees may be subject to changes based on market conditions, regulatory requirements, and operational needs. Any changes to fee structures will be communicated to users through updates to our platform and terms of service.
11. Platform Rules
Compliance with Platform Rules
All users of JMARTBookings are required to adhere strictly to the platform rules which prohibit fraudulent activities, abuse, harassment, and any other forms of misconduct. These rules are designed to ensure a safe and reliable environment for all users.
Enforcement of Rules
JMARTBookings takes violations of platform rules seriously and will take appropriate actions which may include warnings, temporary suspensions, or permanent termination of user accounts.
12. Termination, Suspension, and Other Measures
Right to Terminate: JMARTBookings reserves the right to terminate or suspend user accounts that are found to be in violation of our terms of service, engaging in illegal activities, or causing harm to the platform or other users.
Procedure for Termination: Affected users will be notified of the reasons for the suspension or termination of their accounts. JMARTBookings will provide an opportunity for users to address the concerns raised, where appropriate, before taking final action.
13. Modification
Policy Modifications
JMARTBookings reserves the right to modify these terms and other platform policies at any time as needed to reflect changes in our service offerings, legal and regulatory requirements, or operational needs.
Notification and Implementation
Changes to terms and policies will be effective immediately upon posting on the platform. Users are encouraged to review the terms regularly to stay informed of any updates. Continued use of the platform after such changes will constitute acceptance of the new terms.
14. Resolving Complaints and Damage Claims
Dispute Resolution Process
JMARTBookings is committed to providing a fair and effective resolution process for disputes that arise between users. This includes any disputes related to bookings, accommodations, or experiences listed on the platform. We facilitate mediation between parties to resolve issues such as non-compliance with booking terms, dissatisfaction with services provided, or damage claims.
Procedure for Filing Complaints
Users can file complaints through our dedicated customer service portal, which is accessible 24/7. Once a complaint is received, JMARTBookings will review the details and work collaboratively with both parties to reach a resolution. We aim to handle all disputes expeditiously, with most cases resolved within 30 days.
15. JMARTBookings’ Role
Intermediary Functions
JMARTBookings operates solely as an intermediary platform that connects hosts and guests. We facilitate the listing, searching, and booking of properties and experiences but do not own, manage, or control any of the properties or experiences listed. Our role is to ensure that transactions conducted on the platform are smooth and that all parties adhere to the terms of service.
Platform Responsibilities
While JMARTBookings provides the platform for transactions and communications between users, responsibility for the execution of services and the condition of listings rests with individual hosts. JMARTBookings does not assume liability for any discrepancies or issues that arise directly from the host-guest interaction.
16. Member Accounts
Security of Accounts
Users are responsible for maintaining the confidentiality and security of their account information. This includes safeguarding passwords and other sensitive data associated with their JMARTBookings account.
Reporting Unauthorized Use
Users must report any unauthorized use or breach of their account to JMARTBookings immediately. Prompt reporting helps in taking swift action to secure the account and prevent further misuse.
17. Disclaimer of Warranties
No Warranties Provided
JMARTBookings disclaims all warranties, both express and implied, regarding the platform, its functionality, and its services. This includes any warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights. Users engage with the platform and its services at their own risk.
18. Limitations on Liability
Extent of Liability
The liability of JMARTBookings is limited to the maximum extent permitted by applicable law. We are not liable for any indirect, incidental, special, consequential, or punitive damages resulting from the use of the platform.
19. Indemnification
Indemnity Agreement
Users agree to indemnify, defend, and hold harmless JMARTBookings and its affiliates, officers, agents, and employees from any claims, damages, liabilities, costs, and expenses arising from their use of the platform. This includes violations of these terms or any rights of another party.
20. Contracting Entities
Contractual Relationships: The specific JMARTBookings entity that users enter into contracts with may vary based on geographical location and transaction type. This is detailed in the contractual terms provided during the engagement process on the platform.
21. Applicable Law and Jurisdiction
Governing Law
For Australian users, these terms and any related disputes are governed by the laws of Australia. Disputes arising under these terms will be subject to the exclusive jurisdiction of Australian courts.
22. Miscellaneous
Complete Agreement
These terms constitute the entire agreement between JMARTBookings and its users, superseding all prior agreements and communications related to the platform's services.
23. United States Dispute Resolution and Arbitration Agreement
Arbitration Process
For users in the United States, any disputes arising under these terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Additional Terms for Experience Hosts
24. Experience Host Terms
Safety and Quality Standards
Hosts offering experiences on JMARTBookings must adhere to specific guidelines and safety standards set forth by the platform. This ensures a high-quality and secure experience for all users. Hosts are responsible for ensuring their experiences meet local regulations and JMARTBookings' quality criteria.