1. INTRODUCTION
DOMUS FLATS (“DOMUS”) provides value-added services to hosts and guests who have arranged the use of residential and other property principally through third-party booking agents and hosting platforms. These Terms of Service (these “Terms”) constitute an agreement between DOMUS and the users (each a “User”) of DOMUS's website, mobile applications and services (collectively, the “Site” and the “Services”). DOMUS is sometimes referred to herein as “we,” “us” or “our,” and the User is sometimes referred to as “you,” “your,” “host” or “guest.” The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the Site and Services, including any content, functionality and services offered on or through the Site.
Certain areas of the Site and Services (and your access to or use of certain Content (as defined below)) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.
2. ACCEPTANCE OF TERMS
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR CLICKING “ACCEPT” OR “AGREE” TO THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SITE OR SERVICES:
● YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, ACCEPT AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AS PUBLISHED AND AMENDED FROM TIME TO TIME AT https://www.domusflats.com/terms;
● YOU REPRESENT THAT YOU ARE OF LEGAL AGE AND NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SITE OR SERVICES;
● YOU AGREE TO BE BOUND BY THE TERMS OF OUR PRIVACY POLICY AT HTTPS://WWW.DOMUSFLATS.COM/PRIVACY-POLICY, WHICH EXPLAINS HOW WE USE YOUR PERSONAL INFORMATION;
● YOU AGREE YOU ARE IN COMPLIANCE WITH ALL APPLICABLE TERMS OF SERVICE FOR THIRD PARTY PLATFORMS RELATED TO YOUR USE OF THE SITE OR SERVICES; AND
● YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU.
If you accept these Terms, you represent that you have the capacity to be bound by them. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms, and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
3. KEY DEFINITIONS
“Accommodation” means a residential or other property that is rented from a Host by a Guest.
“Authorized Tenant” means a non-owner Host that has the authority to rent an Accommodation.
“Guest” means a Member who uses the Services in connection with its rental of an Accommodation from a Host.
“Host” means a Member who is an owner or Authorized Tenant of an Accommodation and who is using the Services in connection with the listing and rental of an Accommodation.
“Member” means a person who completes the account registration process, including without limitation Hosts and Guests, as described under “Registration” below.
“Third Party Platform” means a third-party booking agent or hosting platform that connects Hosts who have Accommodations to rent with Guests seeking to rent Accommodations.
“Content” means any text, graphics, images, information, and other materials made available through the Site and Services, including DOMUS Content and Member Content (each as defined in Section 19).
“Guest Rules” means the rules of conduct and standards of behavior that Guests are required to observe during their stay at an Accommodation, as may be published by DOMUS on the Site and updated from time to time.
“Guest Services Agreement” means the supplemental agreement governing the specific value-added services provided by DOMUS to Guests, as may be published on the Site and updated from time to time.
“Reservation” means a confirmed booking by a Guest for an Accommodation or other service arranged through a Third Party Platform, in connection with which DOMUS provides its Services.
“Reservation Issue” means a material problem with an Accommodation or service that was not disclosed in the listing and that significantly affects a Guest’s stay, including, but not limited to: the Accommodation being unavailable at check-in, the Accommodation being materially different from its listing description or the presence of health or safety hazards.
4. HOW THE SITE AND SERVICES WORK
DOMUS provides value-added Services to Hosts and Guests who have arranged the use of Accommodations principally through Third Party Platforms.
4.1 SERVICES FOR HOSTS
In addition to these Terms, Hosts are subject to the Host Services Agreement, which is incorporated into these Terms by this reference.
● DOMUS provides Services to Hosts that register on the Site.
● DOMUS assists Hosts with preparing and properly marketing their Accommodations, including suggesting an optimal price for the listing of an Accommodation.
● DOMUS helps Hosts by interacting with potential guests to answer questions and arrange a stay.
● DOMUS may also arrange professional third-party vendors to provide guest management services before, during and after the Guests’ stay, including scheduling professional cleanings and handling unexpected events such as lockouts.
● DOMUS also provides a centralized dashboard on the Site to Hosts to set preferences, listing terms and to monitor and manage their listings.
● DOMUS also may assist Hosts with marketing their listings by publishing listings on multiple Third Party Platforms.
4.2 SERVICES FOR GUESTS
In addition to these Terms, Guests are subject to the Guest Rules and Guest Services Agreement, which are incorporated into these Terms by this reference.
● DOMUS may provide Services to Guests that have responded to a Host's posting on a Third Party Platform.
● DOMUS or its third-party vendors may assist guests or potential guests with questions regarding a listing or booking for a Guest's Accommodation, communicate with Guests regarding arrival and departure and provide 24-hour Guest support.
● DOMUS may also offer and arrange value-added services for Guests, such as concierge and ticketing services, from DOMUS or third-party providers.
4.3 LIMITATIONS OF DOMUS’ ROLE
DOMUS solely provides services to Hosts and Guests to facilitate a booking transaction between a Host and a Guest. Unless explicitly stated otherwise herein, DOMUS's responsibilities are limited to:
● Assisting Hosts with optimizing the listing and booking of Accommodations;
● Providing Guest support services.
In accordance with these Terms, you understand and agree that:
● DOMUS is not a real estate broker, agent, insurer, booking agent or hosting platform, nor is it an owner or provider of Accommodations, transportation, travel services or other services provided by third parties through the Site or Services;
● DOMUS is not a party to any agreement between a Third Party Platform and a Host or Guest or any agreement between a Host and a Guest;
● DOMUS does not and cannot control the content contained in any listing or the condition, legality or suitability of any Accommodations;
● DOMUS is not responsible for the compliance with any laws by you or any Third Party Platform;
● DOMUS has no control over the conduct of Hosts, Guests and other uses of the Services or any Accommodations; and
● As set forth in the Section entitled “Limitation of Liability”, DOMUS is not responsible for and disclaims any and all liability related to any and all listings and Accommodations to the maximum extent permitted by law. Bookings will be made at the Host's and Guest's own risk.
5. UPDATES TO AGREEMENTS
The Host Services Agreement, Guest Rules and Guest Services Agreement may be updated from time to time at our discretion, and changes will be effective upon posting them. A copy of the Host Services Agreement, Guest Rules and Guest Services Agreement can be found at:
https://booking.domusflats.com/properties/rentalAgreement?id=19769
6. ELIGIBILITY
The Site, Services and Content are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Pursuant to 47 U.S.C. Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
7. LICENSE TO USE SITE AND SERVICES
Subject to your compliance with the terms and conditions of these Terms, provided you are registered to use the Site and Services, DOMUS hereby grants to you a non-exclusive, non-transferable, limited, terminable license to use the Site and Services, to be used solely for your own internal business purposes and only for the purposes for which the Site and Services are intended by DOMUS. You may permit your employees, consultants or other authorized users to access and use the Site and Services on behalf of and for your benefit.
8. MODIFICATIONS TO THE TERMS, SITE AND SERVICES
DOMUS reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services, or to modify these Terms, at any time and without prior notice. If we modify these Terms, such modifications are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the modifications. You are expected to check this page each time you access this Site so you are aware of any modifications, as they are binding on you. We may update the Content on this Site from time to time, but such Content is not necessarily complete or up-to-date. Any of the Content on this Site may be out of date at any given time, and we are under no obligation to update such Content.
9. REGISTRATION & COMMUNICATION
Registration with the Site is currently free; however, we reserve the right to levy registration fees in the future. In order to become a registered User you will have to provide some basic personal information. Certain services and functionality will only be available to registered Users or registered Members.
You agree that all information supplied upon registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.
You may not have more than one registration, and we reserve the right at our discretion to delete or cancel the account of any person who in our opinion possesses more than one account at any time.
You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration, whether or not that other person is a user of the Site or the Services.
We request that all information included in your registration or member profile is accurate, current and complete. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms, you give your consent to receive communications from us by email and SMS/MMS, and you agree that all agreements, notices, disclosures and other communications that we provide to you by email or SMS/MMS satisfy any legal requirement that such communications be in writing. Your use of our SMS/MMS messaging programs is governed by our SMS/MMS Terms and Conditions available at https://www.domusflats.com/sms-terms. Personal information that you supply to us will not be disclosed by us to any third party save in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.
10. PRIVACY
DOMUS is committed to protecting your privacy. Our use of your personal information is governed by the terms of our Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy may be updated from time to time at our discretion, and changes will be effective upon our posting them to https://www.domusflats.com/privacy-policy . A copy of the current Privacy Policy can be found at https://www.domusflats.com/privacy-policy .
By using the Services, you agree that DOMUS may collect and use technical data and related information, including, but not limited to, technical information about your device, system, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any).
11. USE OF SERVICES & GENERAL PROHIBITIONS
The Services and DOMUS Content are offered solely for a User's personal use and for the purposes described in these Terms. Any and all other uses are prohibited. DOMUS expressly reserves all its rights and remedies under applicable state and federal laws. DOMUS reserves the right, in its sole discretion, to refuse service, terminate memberships, remove or edit content, cancel reservations or deny access to the Site or Services.
Any information published by you on the Site will be your personal responsibility. You will be personally liable for claims relating to defamation, violation of intellectual property rights, privacy rights, publicity rights and any other claim arising from your Content. You may not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content. If any such Content is published by you, or if in our opinion any Content is published by you which damages our goodwill or the goodwill attaching to DOMUS, the Site or Services, we reserve the right at our discretion and without notice to take such action as we deem necessary, including removing the Content from the Site and terminating your access to the Site and Services.
In the event that you are informed you will no longer be entitled to access or use the Site or Services, you will not be entitled to register again and you will no longer have permission to use the Site or Services.
You agree not to (and not to allow any third party to):
● Reproduce, duplicate, copy, sell, resell, visit or otherwise exploit the Site, or any portion thereof, for any commercial purpose without our express written consent.
● Attempt to access or search the Site, Services or DOMUS Content, or download DOMUS Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by DOMUS or other generally available third party web browsers.
● Use any deep-link, robot, spider, scraper or other automatic or manual device, process or means to access, copy, search or monitor any portion of the Site, Services or DOMUS Content, except as expressly authorized by DOMUS.
● Rent, lease, copy, provide access to or sublicense any portion of the Site, Services or DOMUS Content to a third party.
● Reverse engineer, decompile, disassemble or otherwise seek to obtain the source code or non-public APIs to the Site or Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to DOMUS).
● Modify any Services or DOMUS Content or create any derivative product from any of the foregoing.
● Remove or obscure any proprietary or other notices contained in the Site, Services or DOMUS Content.
● Publicly disseminate information regarding the performance of the Site, Services or DOMUS Content, or access or use the Site, Services or DOMUS Content, for competitive analysis or benchmarking purposes.
● Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
a. infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
b. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
c. is fraudulent, misleading or deceptive;
d. is defamatory, obscene, pornographic, vulgar or offensive;
e. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
f. is violent or threatening or promotes violence or actions that are threatening to any other person;
g. promotes illegal or harmful activities or substances; or
h. is inaccurate or untrue.
● Collect or store any personally identifiable information from the Site or Services from other Members of the Site or Services without their express permission.
● Impersonate or misrepresent your affiliation with any person or entity.
● Interfere with, or attempt to interfere with, the access of any Member, Guest, Host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services.
● Use the Site, Services or DOMUS Content for any illegal purpose.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF THE SITE AND SERVICES, AND YOU WILL EXERCISE CAUTION, DISCRETION, COMMON SENSE AND JUDGMENT IN USING THE SITE OR SERVICES AND DISCLOSING PERSONAL INFORMATION TO MEMBERS AND DOMUS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET WITH ANY SUCH MEMBERS IN PERSON. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION, AND DOMUS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU OR ANY THIRD PARTY RELATING THERETO.
DOMUS IS NOT RESPONSIBLE, AND DISCLAIMS ALL RESPONSIBILITY, FOR THE USE OR EXCHANGE OF ANY INFORMATION AMONG MEMBERS. DOMUS IS NOT RESPONSIBLE FOR ANY DAMAGE OR DESTRUCTION TO ANY ACCOMMODATION, DAMAGE TO PERSONAL PROPERTY OR PERSONAL INJURY TO A HOST OR GUEST.
Users of the Site are not entitled to directly advertise to or solicit other Users without our express written consent.
You are not entitled to resell or commercially exploit the Site's contents other than Content you have posted. You are not entitled to use any data mining, robots or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.
DOMUS will use reasonable efforts to make the Site and Services available at all times. However, you acknowledge the Site and Services are provided over the Internet and mobile networks and so the quality and availability of the Site and Services may be affected by factors outside DOMUS's reasonable control. DOMUS does not accept any responsibility whatsoever for unavailability of the Site or Services, or any difficulty or inability to download or access Content or any other communication system failure which may result in the Site or Services being unavailable. From time to time it may be necessary to suspend access to the Site or Services for a period of time, and any such interruptions shall not constitute a breach by us of these Terms. We may make changes to the format of the Site, Services or to the Site's Content at any time without notice.
Use of the Site and Services requires Internet access through your computer or mobile device. You are responsible for all Internet service provider and mobile carrier charges resulting from your use of the Site or Services, including from any notifications provided by the Site or Services. DOMUS does not guarantee that the Site or Services will be compatible with all devices or will be supported by all mobile carriers.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, hold harmless DOMUS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (1) your access to or use of the Site or Services other than as expressly authorized by these Terms, (2) any Member Content submitted by you, (3) your use of any Content separate and apart from the Site or Services, and (4) your violation or alleged violation of these Terms.
This Agreement is effective from the first date you access the Site or Services. On receipt of an email by you to us cancelling your registration, we will terminate your registration. DOMUS may terminate or revise these terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any User with respect to the Site and Services shall survive any termination of these Terms.
You agree that DOMUS, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the Site or Services, for any reason, including for lack of use or if DOMUS believes that you have violated or acted inconsistently with the spirit of these Terms. DOMUS may also, in its sole and absolute discretion and at any time, discontinue providing the Site or Services, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Services under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that DOMUS may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files or the Site and Services by you; however, we do not guarantee that any Content posted by you will be deleted from the Site. Further, you agree that DOMUS shall not be liable to you or any third party for any termination of your access to the Site or Services.
The features, information and materials provided and depicted through the Site and Services are protected by copyright, trademark, patent and other intellectual property laws. All text, graphical content, video, data and other Content made available through the Site and Services (collectively, the “DOMUS Content”) are provided to User by DOMUS or its partners or licensors solely to support User's permitted use of the Site and Services. The DOMUS Content may be modified from time to time by DOMUS in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Site, Services or DOMUS Content by User shall constitute a material breach of these Terms. DOMUS and its partners or licensors retain all rights in the Site, Services and DOMUS Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of DOMUS or any third party is granted under this Agreement. As a Member, you may post, upload, publish, submit or transmit text, graphics, images, information or other materials to be made available through the Site and Services (“Member Content”, together with DOMUS Content, the “Content”). By making available any Member Content through the Site and Services, you hereby grant to DOMUS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content only on, through or by means of the Site and Services. DOMUS does not claim any ownership rights in any such Member Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services. Accordingly, you represent and warrant that:
● you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services, or you have all rights, licenses, consents and releases that are necessary to grant to DOMUS the rights in such Member Content, as contemplated under these Terms; and
● neither the Member Content, your posting, uploading, publication, submission or transmittal of the Member Content, nor any other person's use of the Member Content (or any portion thereof) on, through or by means of the Site and Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
In general, if a Guest cancels a Reservation, any refund will be subject to the cancellation policy applicable to that Reservation as set out by the Host on the relevant Third Party Platform. DOMUS is not a party to the booking contract between a Host and Guest and does not itself set or administer cancellation or refund policies for Reservations made through Third Party Platforms.
If a Guest experiences a Reservation Issue, the Guest should contact DOMUS Guest support as soon as reasonably possible. DOMUS will use reasonable efforts to assist in resolving the issue, which may include liaising with the Host, facilitating rebooking assistance or escalating the matter to the relevant Third Party Platform. Any refund in respect of a Reservation Issue will be determined in accordance with the policies of the relevant Third Party Platform.
DOMUS shall not be liable for any refund, compensation or rebooking costs arising from a cancellation or Reservation Issue, except to the extent that the issue was directly and solely caused by DOMUS’s own negligent act or omission. You acknowledge that your primary recourse for cancellations and Reservation Issues lies with the Host and the Third Party Platform through which the Reservation was made.
If you believe DOMUS has failed to meet its service obligations under these Terms, please contact us at [email protected].
Following a completed stay, Guests and Hosts may have the opportunity to submit reviews of each other through the Site or the relevant Third Party Platform. Any review submitted through the Site must be accurate, honest and based on your genuine first-hand experience. Reviews may not contain discriminatory, offensive, defamatory or harassing content, or any content that violates applicable law or these Terms.
DOMUS does not verify reviews for accuracy and is not responsible for the content of reviews submitted by Members or third parties. DOMUS reserves the right, in its sole discretion, to remove any review that it determines violates these Terms or applicable law. Reviews submitted through Third Party Platforms are subject to the policies of those platforms and are outside DOMUS’s control.
You are responsible for maintaining the confidentiality and security of your account credentials, including your user name and password. You must not share your account credentials with any third party or permit any third party to access the Site or Services using your account credentials.
You must notify DOMUS immediately at [email protected] if you suspect that your account has been accessed without your authorization, or if your credentials have been lost or stolen. You agree that DOMUS shall not be liable for any loss or damage arising from unauthorized access to your account where such access results from your failure to maintain the security of your credentials.
DOMUS reserves the right, as permitted by applicable law, to request that you provide identification or other verification information in connection with your account, and to conduct checks to verify your identity or background using third-party databases or other sources.
The Site may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We do not screen Member Content (including content relating to Accommodations or other information posted by Hosts or Guests) or information on the Site, and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content, or any content which infringes any other person’s intellectual property rights. Any such content is contrary to our policy. We do not accept liability in respect of such content. The User responsible will be personally liable for any damages or other liability arising from such content, and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
DOMUS shall not be liable for any delay or failure to perform any of its obligations under these Terms resulting from circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, civil unrest, governmental action, hurricane, fire, flood, natural disaster, pandemic, epidemic, strikes, labor disputes or failures of third-party Internet or telecommunications infrastructure. In any such event, DOMUS will use reasonable efforts to notify you and to resume performance as soon as reasonably practicable.
All matters relating to these Terms, the Site or the Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms, the Site or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Miami and County of Miami-Dade, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
26. GEOGRAPHIC RESTRICTIONS
The owner of this Site is based in the State of Florida in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
27. DISPUTE RESOLUTION
We encourage you to contact us first to resolve any dispute, claim or controversy informally. In the event a dispute, claim or controversy cannot be resolved through informal, good-faith negotiation, you and DOMUS agree that such dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, the Site or the Services, will be resolved through final and binding arbitration administered in Miami-Dade County, Florida, under the rules of the American Arbitration Association. Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
CLASS ACTION WAIVER: YOU AND DOMUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If any section, subsection or provision, or the application of such section, subsection or provision, of this Agreement is held invalid, illegal or unenforceable, the remainder of this Agreement and the obligation of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, illegal or unenforceable shall not be affected by such invalidity, illegality or unenforceability.
No failure or delay on the part of either party in exercising any right or remedy with respect to a breach of this Agreement by the other party shall operate as a waiver thereof or of any prior or subsequent breach of this Agreement by the breaching party, nor shall the exercise of any such right or remedy preclude any other or future exercise thereof or exercise of any other right or remedy in connection with this Agreement. Any waiver must be in writing and signed by the waiving party.
These Terms, together with the Privacy Policy, the SMS/MMS Terms and Conditions, the Host Services Agreement, the Guest Rules and the Guest Services Agreement (each as applicable), constitute the sole and entire agreement between you and DOMUS regarding or relating to your use of the Site and Services, and supersede all prior or contemporaneous communications, proposals, understandings, agreements, representations and warranties, whether electronic, oral or written, regarding or relating to the Site and Services.
If you have any questions about these Terms, the Site or the Services, please contact us at:
Email: [email protected]
Website: www.domusflats.com
SMS/MMS TERMS AND CONDITIONS
These SMS/MMS Terms and Conditions (these “Mobile Terms”) govern your enrollment in and use of DOMUS’s SMS/MMS text messaging programs (the “Messaging Service”). These Mobile Terms are incorporated into and subject to our general Terms of Service and Privacy Policy. By opting in to receive SMS/MMS messages from DOMUS, you agree to these Mobile Terms.
SMS/MMS Messaging Service Description
We offer SMS/MMS messaging services for the following purposes:
Reservation and Booking Updates: Notifications regarding reservation confirmations, check-in/check-out times, and booking modifications;
Property and Stay Communications: Pre-arrival information, property instructions, follow-up messages, and important stay-related notices;
Inquiry Responses: Replies to guest inquiries, tour scheduling, and application status updates; and
Promotional Messages: Service updates and offers (if separately opted in).
We reserve the right to modify or cancel the Messaging Service or any feature at any time. Material changes to these Mobile Terms will be communicated via SMS or other reasonable means. Continued participation in our messaging program after changes constitutes acceptance of the modified terms.
Consent and Opt-In
By providing your mobile phone number and agreeing to receive text messages from us, you expressly consent to receive recurring automated SMS/MMS messages at the phone number provided. Consent is not a condition of purchasing any property, goods, or services. By opting in, you confirm that the mobile number provided is yours and that you have authority to enroll that number. If you later change or reassign your number, you must notify us and re-enroll with the new number; messages sent to numbers that have been changed may not be received. You may opt in to our messaging program by:
Verbally, during a conversation;
By texting DOMUS first; or
By providing your phone number on your reservation.
The information (including phone numbers) obtained as part of the SMS/MMS consent process will not be shared with third parties for marketing purposes.
Message Frequency
Message frequency varies based on your interactions with us and the nature of your reservation or inquiry. You may receive transactional messages as triggered by your requests or account activity, informational messages regarding your stay or property, and promotional messages (if separately opted in). Typical frequency: 2-10 messages per month, though this may vary based on circumstances such as active reservations or special requests.
Opt-Out Instructions
You may opt out of receiving SMS/MMS messages at any time by replying STOP or UNSUBSCRIBE to any message you receive from us. Upon successful opt-out, you will receive a single confirmation message; no further messages will be sent unless initiated by you or unless you later re-enroll. Opting out of SMS messages will not affect other communications (e.g., email, mail, or phone calls) unless you separately opt out of those channels. If you subscribe to multiple programs, you must opt out of each separately.
Help and Support
For assistance with our SMS/MMS messaging program:
Reply HELP to any message for support information;
Visit our contact page at https://www.domusflats.com/contact; or
Email us at [email protected].
Message and Data Rates
Message and data rates may apply. Standard messaging and data rates from your wireless carrier apply to all SMS/MMS messages sent and received. We do not charge for the Messaging Service, but we are not responsible for any charges incurred from your wireless carrier. Check with your carrier for details on your messaging plan.
Carrier Liability Disclaimer
We do not guarantee message delivery. Delivery is subject to effective transmission by your wireless carrier. Carriers are not liable for delayed or undelivered messages. Factors affecting delivery may include network congestion or outages, device compatibility issues, carrier filtering policies, and invalid or deactivated phone numbers.
Supported Carriers
Our SMS/MMS service supports most major U.S. wireless carriers, including but not limited to: AT&T, Verizon, T-Mobile, and their affiliated MVNOs. Carrier participation may change without notice.
Privacy and Data Use
Your phone number and messaging data are handled in accordance with our Privacy Policy. We do not sell, rent, or share your phone number or messaging consent with third parties for their marketing purposes. Information collected through our messaging program may include: mobile phone number, consent records and timestamps, message content and delivery status, and opt-out requests. For complete details on how we handle your information, please review our Privacy Policy at https://www.domusflats.com/privacy-policy.
Security; No Sensitive Information via SMS/MMS
SMS/MMS is not a secure communication channel. Do not send sensitive personal information by text, including payment card data, social security numbers, or protected health information. If you choose to communicate health- or safety-related information by text, you acknowledge the inherent risks. The Messaging Service is not for emergencies; call local emergency services for urgent matters.
Prohibited Use
You agree not to use our SMS/MMS service for any unlawful purpose or in violation of these Mobile Terms. We reserve the right to terminate your participation in our messaging program if we reasonably believe you have violated these terms.
Your Responsibilities
You agree to provide a valid mobile number, keep your contact information current, and comply with all applicable laws when using the Messaging Service. You are responsible for any charges imposed by your wireless provider and for maintaining control of your device to prevent unauthorized use.
Service Availability and Disclaimer
To the extent permitted by law, we are not liable for failed, delayed, or misdirected delivery; errors or omissions in messages; or any technical failures. The Messaging Service is provided “as is” and “as available,” and we may suspend or terminate the Messaging Service for any user at our discretion.
Dispute Resolution; Governing Terms
These Mobile Terms form part of the Terms of Service. Any limitations of liability, warranty disclaimers, force majeure, dispute resolution, and order of precedence provisions in the Terms of Service apply to and govern the Messaging Service. In the event of a conflict between these Mobile Terms and the Terms of Service, the Terms of Service control.
Contact Information
Email: [email protected]
Website: www.domusflats.com
By opting in to SMS/MMS messages from DOMUS, you acknowledge that you have read, understood, and agree to these SMS/MMS Terms and Conditions.
Last Updated: April, 2026