Fri Dec 04 2020 10:47:46 GMT+0100
These policies set out the terms and conditions that apply to and regulate the use of the product and services (collectively tagged "services") provided by Restscene made available online through Restscene website, applications, social media platforms, its affiliates, divisions, subsidiaries, email, telephone or any other means through which Restscene makes its services available. Accessing and using these services constitutes an acceptance by you to be bound by these terms and any other applicable rules, guidelines, policies, and conditions of Restscene which establishes a binding contractual relationship between you and Restscene.
Please take note, the Agreement Restscene has with all the Hosts listed on its platform are regulated by different contracts.
Some hosts may communicate applicable method and or need (acceptance of) – in addition to the fine prints, polices, rules and regulations already published on the site, their particular (usage, carriage, shipping, delivery) terms and conditions for the usage, accessibility, and consummation of their service (which may consist of certain disclaimers, house rules and limitations of liability).
RESTSCENE.com - a product of RESTSCENE Inc. is an online Accommodation Sourcing and Travel Experience Networking platform that connects guests to a wide variety of hotels and property listings, globally. As an accommodation sourcing platform, RESTSCENE facilitates access to lodging facilities; operating as a broker between hosts and it’s guests in search of tasteful serviced space in line with their desires, be it luxury, security, privacy, affordability, etc. Hence, building connections quickly and seamlessly, through which they gain access to a distinctive understanding of the cultures of their proposed travel destinations. While hosts/property owners/prolific vendors get equipped with strategic opportunities the platform avails to enable them to thrive in this new economy.
Users who offer services are hosts while users who pay for the services are guests. A direct legal relationship is established between a host and a guest whenever a listing is published by a host and a reservation is made of such a listing by a guest. Though our website and services constitute the medium through which users transact, we are not a party to the agreement reached between users. Restscene.com only acts as an intermediary between users who engage in the exchange of money for services. In this agreement the term, host refers to a person that lists their property on Restscene.com, A guest refers to a person who wants to rent the accommodation.
Restscene goes beyond just booking. We believe experiences and memories cherished by one person can also be enjoyed by everyone on the Restscene platform! Restscene allows every user to see and experience the world through the Restscene experience timeline. Users of the experience platform may post their media content (pictures, short videos, and stories) and give their opinion on their various adventures, in all the places they have visited; the lodges, resorts, cuisines, trips, events, festivals and so much more happening within that region. Through the Restscene experience timeline, people within the same locality can connect and network, while gaining exposure to other regions by getting in touch with users via first-hand experiences in those places. This feature can also help all users to gain access and understand the where, how, and when of the lifestyle obtainable in such places. It could also speed up the decisions of prospective travelers on where to go, where to have fun, what not to do, the people to meet, and local experiences to enjoy when going to a particular destination.
Users", "You" and "Your" refers to any natural or juristic person who has agreed to become a member of this website by registering and creating an account and accepting the Restscene.com terms and conditions be it a Host, Guest or a user of our Travel experience networking platform. " Restscene.com" "we", "us" "our" means Restscene.com Inc, a company established in the United States, having its office at Level 46 - Seven World Trade Center, New York, NY 10007 and registered as a Delaware Corporation.
" Restscene.com" "we", "us" "our" means Restscene.com Inc, a company established in the United States, having its office at Level 46 - Seven World Trade Center, New York, NY 10007
and registered as a Delaware Corporation.
"Party", "Parties", or "Us", refers to both the Users and Restscene.com, or either the Users or Restscene. All terms refer to the offer, acceptance, and consideration of payment necessary for the delivery of our services to the Users in the most appropriate manner, for the express purpose of rendering the required service to users in respect of the provision of the Company's stated services/products, in agreement with and subject to, prevailing law of USA. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
You can open and maintain an account with the Restscene platform by clicking on the registration tab on this website and following the instructions.
Registering as a member of the Restscene website gives you access to certain features of this website which enables you to offer or post the product or service you wish to offer.
You shall be responsible for maintaining the confidentiality and security of your login details including your user ID and password. You shall also be responsible for all transactions that occur in and through your account. Should you suspect that your account has been hacked or its security compromised in any way, quickly notify Restscene. You confirm that all the information provided by you to facilitate your account registration is your personal information which is true, current and complete.
User verification on the internet is fraught with difficulty and we do not assume responsibility for the authenticity of any information provided by a member of this site. However, Restscene.com has cooperate representatives who confirm the identities of the owners of the properties, on our platform, the existence of the properties listed on our site, the security of the environment where the property is located and also the structure, neatness, and standard of the listed properties.
Kindly note that if we decide to conduct identity verification or background checks on any User, to the extent permissible by applicable law, we disclaim warranties of any kind, be it expressly or impliedly, that such checks should establish previous misconduct by a user or assure that a user will not be involved in any form of misconduct in the future. Also, you can communicate with different Restscene.com users and make inquiries regarding matters that pertain to their identification as well as take other measures to ascertain a user's identity before making a reservation or listing one.
Restscene has the sole discretion of updating this Agreement or its policies as regards the use of our platform or its Services from time to time; such updates shall become effective and binding on all Users the moment the updated version is posted on our website. However, before any update is made notification will be sent via email thirty-one (31) days before the updates become effective. Your continued use of our platform after such updates will constitute your consent to the newly posted updates.
Restscene platform offers the opportunity for users to post and exchange opinions, images, videos, information, data, and material ("Content") on our site. However, we do not own any data, information, or material ("Content") that you submit on the Website in the course of using our Service. You will be solely responsible for the accuracy, legality, reliability, quality, integrity, appropriateness, and intellectual property ownership or legal right to use all the submitted Content. Restscene might, but have no obligation to; monitor and review Content on the Website submitted or created using our Services by you.
Kindly note, as regards guest reviews, reviews will solely be submitted within a limited period of ten (10) days after a stay to maintain recent information on our site. Restscene does not permit the Host to respond to a review. When you upload images/ videos onto our platform you agree that Restscen.com has the right to use the uploaded images/videos on its (mobile) website and app and in (online/offline) publications and promotional materials and as Restscene deems fit. Furthermore, you also grant Restscene a non-exclusive, unconditional, royalty-free, worldwide, irrevocable, perpetual right and license to reproduce, use, sublicense, display, distribute, communicate and make available the images/videos as Restscene deems fit.
Users of the Restscene experience platform may post their testimonials, content (pictures, short videos, and stories) and give their opinion on the various adventures, lodges, resorts, cuisines, trips, events, and festivals they have participated in or visited. Nevertheless, these contents and testimonials reflect the views, personal opinions, and experiences of such users only and may not be representative of all users' views, taught, and opinions of places they have being or adventures they have participated in. Restscene does not warrant and users should not think that they will have the same experiences as other users. Individual results may vary.
It is pertinent to state that users' comments do not reflect the views or opinions of Restscene, its agents or affiliates; it rather reflects the view and opinion of the person who posts such view or opinion. To the extent permissible by applicable law the user that uploaded the content to our platform accepts full accountability and legal responsibility of any and each legal claim that might arise as regards the uploaded content either by a third party or a host as a result of Restscene publishing and using these images/videos.
Restscene disclaims all responsibility and liability for the images posted. The user who uploaded the image/video warrants that it is free from any and every type of viruses, Trojan horses or infected files and shall be free from any pornographic, obscene, insulting, illegal, objectionable or inappropriate material and does not infringe any third party (intellectual property right, privacy or copyright) rights. Any image/videos that do not meet the above-stated standard shall not be posted but if posted it will be deleted by Restscene without notifying the user that uploaded it.
Without limiting any of these representations or warranties; Restscene has the right, though not the obligation, to, in our sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Restscene undertakes to use its best efforts to monitor and remove reviews that include obscenities or the mention of an individual's name or reference to stolen goods.
Restscene will not accept reviews which include: Vulgarity, sexually explicit, hate speech, prejudice, intimidation, violence. Mention of full names, personal attack towards the workers promoting unlawful activities (such as drugs and prostitution) Sites, emails and addresses, phone numbers, etc. Politically sensitive remarks
Restscene charges its host a fee of 12.5% of the total listing fees paid by a guest as its commission for every successful reservation made through the Restscene platform.
The fee charged by a host and the applicable taxes will be displayed to a guest at the time of reservation.
The charges you pay to a host are entirely based on the price for any offer made by the host. The moment you receive a reservation confirmation email from Restscene a valid contractual relationship is established between you and the host, Subject to any additional rules, terms, and conditions of the host applicable to your reservation. Restscene will receive the total payment of your reservation on behalf of the relevant host. A guest can pay for the services offered by a host by choosing any of Restscene payment options. Kindly note, Restscene does not charge Guests any additional fee for services rendered through the Restscene platform. Guests are only obligated to pay the relevant fee as stipulated by the host in their reservation and any applicable taxes, fees and levies if applicable.
When you register on this website as a host you shall be obligated to publish your listing with full, complete, current and accurate details provided of the offer you publish. You are expected to provide adequate details and information regarding:
Prices (including taxes) for your services are fixed entirely at your discretion and once a valid contractual relationship is established between you and a guest upon his/her reservation of your offer, you shall not request a higher fee from the guest.
Host admits that all images ranging from photos, videos or animation uploaded in your listings shall reflect the true state and quality of your host services. Restscene has the sole discretion to determine the minimum number, format, size, and resolution of images required for your listings.
Restscene promises to represent the entire host on our platform in our catalog (Restscene catalog) that is dedicated to promoting hotels.
Restscene provides a feature that boosts properties listed on its website, application, and social media platforms. This feature places subscribers on "Recommended Listings" on the Restscene platforms (web and app) and it comes with so many benefits. However, this is subject to an increase in the commission that will be paid to Restscene.
The benefits are as follow:
Hosts are obliged to choose the medium through which Restscene shall pay for the services offered. Several payment options are at your disposal to make available to us for payment of the money received on your behalf by us from the guest. You are also to provide current, accurate, complete and verifiable details in respect of the particular payment option you choose and this applies whenever you add any new payment option to your account. You are responsible for updating your account including any changes made to your payment option and the relevant details.
Host shall recognize our restscene loyalty card as a valid means of identification and payment medium.
Processing of payments may involve third-party service providers who may charge processing fees for which Restscene is not liable. Note that you are subject to the terms and conditions which are stipulated by such third party providers.
We generally make your cash-out available 24 hours after a reservation becomes non-refundable. Note that the time may be subject to delays as a result of due diligence exercises on our part to prevent fraud or aid investigations. Your receipt of Cash-out will also depend on the Cash-out method you choose and the associated processing time frame.
Cash-out means payment made by Restscene to a host for services offered by a host as posted on the Restscene platform using any method stipulated by you in your Restscene account
Hosts are admonished to support the use of our card (Restscene card)
Hosts are advised to obtain and maintain an appropriate insurance policy, with adequate coverage and limits that can cover any claims or losses which might arise out of any negligent act or omission committed by the guest or/and other individuals the guest has booked for, if applicable during their stay in your accommodation or while participating in an experience.
Hosts can also decide to set up a damage deposit to cover this particular risk although this option often leads to fewer reservations and more cancelations.
Restscene.com and the Host are each entitled to terminate their relationship for whatever reason (including in the event of a breach of contract or (filing for) bankruptcy) with due adherence to the applicable notice period as agreed between both parties.
By booking an accommodation with a host, you acknowledge and admit that you have studied the host pre-payment, cancellation and no-show policy, including additional terms and conditions applicable to your reservation, fine prints and necessary house rules together with services rendered and varieties of products offered by the host. Additional terms and conditions applicable to your reservation can be obtained from the relevant host. However, the necessary information as regards general cancelation, refund and no show policy of each host is made available on hosts' information pages on our site when booking a reservation.
Please bear in mind that, some fees, rates, or special offers do not have an option of refund, cancellation, or change. There are situations whereby relevant tourist tax may still be charged by the host in the event of a no-show or charged cancellation. Please study all the necessary information as regards your reservation or service of your choosing and take note of any of the above-stated conditions before making your reservation.
Kindly go through the fine prints and the necessary details in your confirmation email as regards additional polices and important information in your confirmation email for additional policies as may be applied by the host. Pay close attention to the age requirement, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, security deposit, pets/cards accepted.
kindly note that you are solely responsible for any circumstances that arise as a result of late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds and you will not be entitled to any refund of any (non-refundable) prepaid amount unless the host agrees or allows otherwise under its (pre)payment and cancellation policy.
If you intend to alter, review, or cancel your booking, kindly revert to the confirmation email and follow the necessary procedure. Please bear in mind that you might be charged for your cancellation in agreement with the relevant host cancellation, no-show and (pre)payment policy and you may not be entitled to repayment of any (pre)paid amount. Restscene suggests that you study the relevant cancellation, no-show policy and (pre)payment of the host cautiously before making any reservation.
If for any reason you experience a late or delayed arrival, communicate this immediately with your host so that your host is aware of your new arrival time to prevent reservation cancelation and charge of the no-show fee. You can also inform our customer service department of your situation and our customer service can help you inform your host. Kindly bear in mind that Restscene is not liable or responsible for any penalty that occurs as a result of your late arrival, reservation cancelation or charged no show fee by the host.
Although Restscene facilitates the payment of all guests' bookings, the Host is solely responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the reservation to the relevant tax authorities. Restscene.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on any reservation to the relevant tax authorities.
In addition to other policies, terms and condition as outlined in this Agreement, you consent that you shall not use Restscene Website or its Content to:
Track, collect, post, publish, upload, list, transmit, share, any information, detail, fact, data to which belongs to another person and in respect of which you do not have right.
Post, publish, upload, list, transmit items or content that are misleading, inaccurate false, vulgar, racist, inappropriate, defamatory, generally offensive or encourages crime and illegality of any sort.
Use the content of this site for purposes other than that for which the content is made available including purposes that violate the copyright and trademark, patent rights of this site through the unauthorized copy, use, disclosure, reproduction, distribution, disassembling or reverse-engineering the content of this site or that of any other person.
Access our website, servers, systems in a way that alters the functionality of this website and associated platform by altering, modifying, decompiling any underlying software code or using page scraper, robot or other automatic devices, program or algorithm or any data gathering tools to access our website.
Transmit/ upload viruses, junk mail, chain letters, unsolicited mass mailing or spam.
Use personal or other information of the users of this site who deal with you or whose information become available to you through this platform to harass, abuse, intimidate, harm, blackmail, defame, defraud, discriminate any member of this website base on religion, ethnicity, race, gender, age, sexual orientation, disability or use such information for any purpose other than that for which it is given.
Book or make reservations for a third party through your account without the express consent previously obtained from Restscene.
Publish or offer for use any property which does not belong to you or in respect of which you have no right whatsoever.
Use information from this website to solicit for commercial relations outside this website to avoid our fees.
Export or re-export any Restscene application or tool, except in compliance with the export control laws of any relevant jurisdictions and following posted rules and restrictions.
Use our website or its content to violate any international, federal, state laws or/and regulations. Solicit other users to participate or perform any unlawful act
Subject to the restrictions set out in this Agreement and to the maximum extent permissible by applicable law, Retscene.com shall only be liable for direct damages truly suffered, paid or incurred by users due to a defect in our obligations as regards our services. The aggregate liability of Restscene.com and its affiliates, officers, employees, agents, suppliers, and licensors,
About the services will be restricted to the price of your reservation as stated in your reservation confirmation email (whether for one event or series of connected events). The restrictions and exclusions conjointly apply even if this remedy does not compensate you totally for any losses or fails its essential purpose. To the fullest extent permissible by applicable law, in no event shall Restscene.com, its affiliated companies, officers, directors, employees, representatives, subsidiaries, agents, distributors, affiliate (distribution) partners, licensees or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents will be liable to any person for:
Restscene.com is not responsible (and disclaims any liability) for the utilization, validity, quality, suitability, fitness and due disclosure of the reservation and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Host is solely responsible and assumes all responsibility and liability in respect of the reservations (including any warranties and representations made by the Host). Restscene.com is not a (re)seller of the reservations. Complaints or claims in respect of bookings (including related to the offered (special/promotion) price, policy or specific requests made by Guests) are to be dealt with by the Host. Restscene.com is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
Although Restscene facilitates the payment of all guests' bookings, you agree and acknowledge that the Host is solely responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the reservation to the relevant tax authorities. Restscene.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on your reservation to the relevant tax authorities. Restscene.com does not act as the merchant of record for any product or service made available on the Platform.
Although our platform may contain links to third party websites, kindly note that Restscene is not, directly or indirectly, implying any approval, support, endorsement, association, sponsorship or affiliation with any and each linked website, unless specifically stated herein. Restscene shall not be responsible for evaluating or examining, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, policies, services, and content of third-parties. Users are hereby advised to carefully review the legal statements, privacy policies and other conditions of use of any third party website which you access through a link from our website. Your use of third parties platforms is at your own risk.
To the maximum extent permitted by applicable law, You agree to indemnify and hold Restscene.com and its affiliates, directors, officers, employees, representatives, subsidiaries, distributors, partners, agents, licensees or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents harmless from and against any claims, liabilities, losses, damages or costs, including reasonable accounting and attorneys' fees, incurred in connection with or arising from your breach of these Terms or our Policies or Standards, your misuse of Restscene.com Platform or any of Restscene.com Services, your interaction with other users, stay at an accommodation, participation in an Experience, Event or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of our platform or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall apply and be binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable.
If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the parties intend that the remaining provisions thereof shall constitute their agreement as regards to the subject matter hereof, and all such remaining provisions thereof shall remain valid, legal, in full force and remain effective.
You agree that effort to resolve any conflict, dispute or disagreement arising between you and Restscene in the course of your use of our services shall first be attempted through informal amicable settlement. In this regard, parties shall co-operate in negotiating terms to resolve the dispute in good faith through our customer care department.
Where amicable resolution of the dispute between you and Restscene as stated above fails, the dispute shall be resolved by the binding decision of the American Arbitration Association using its Consumer Arbitration Rules. The AAA Rules can be found at www.adr.org or by calling the AAA at 1–800–778–7879. You agree that the resolution of any dispute shall be on an individual basis. The award given by the arbitrator is enforceable in any court with proper jurisdiction.
It is mutually acknowledged and agreed that you and Restscene are hereby waiving all rights to a jury trial in all arbitrable disputes arising out of or related to this Agreement.
You also waive your right to bring or be involved in any class action or any other collective or representative action against Restscene. You and Restscene agree that arbitration shall not preclude the right of either party to initiate proceedings in a court of competent jurisdiction for small claims or claims involving actual or threatened violation, infringement misappropriation of a party's copyright, trademark, patent, copyright or any other intellectual property.
Arbitration proceedings are deemed initiated by any party whenever such a party provides the other party with notice by email, a demand for arbitration following AAA Rules and the filing of a claim with the AAA.
This website, Restscene platform, the software needed for our services or available for our use by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are the property of Restscene Inc and its licensors This Agreement does not transfer to you any intellectual property owned by Restscene or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Restscene.com.
All intellectual and database rights, registered and unregistered, including trademarks, service marks, images, video clips, graphics, and logos used in connection with our Website or Services are trademarks or registered trademarks of Restscene Inc or its licensors and therefore protected by intellectual property rights. Kindly note that your use of our Website and Services does not authorize you to either use or reproduce any of Restscene trademarks, any unauthorized use in any form is prohibited except as expressly permitted by us or our licensors.
The formation, interpretation, and performance of these terms and any disputes arising out of it shall be governed by the substantive and procedural laws of New York and the United States without regarding its rules on conflicts or choice of law.
The exclusive jurisdiction and venue for legal actions (other than small claims actions) that are excluded from the Arbitration Agreement shall be the courts located in New York, United States, or a court with jurisdiction in your place of residence and you hereby submit to the personal jurisdiction of such courts. The choice of law does not affect your rights as a consumer in line with the consumer protection laws of the country you reside in. If you are suing as a consumer, you agree to subject yourself to the non-exclusive jurisdiction of the United States courts.
If Restscene wishes to implement any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you reside. If you are suing as a business, you agree to subject to the exclusive jurisdiction of the United States courts.
Kindly note that; the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement.
These Terms constitute the entire agreement between Restscene and you concerning this subject matter hereof and supersede all prior negotiations, understandings, and agreements between Restscene and you as regard access and use of the Restscene website.
You acknowledge and agree that this Agreement or your use of Restscene platform does not create the relationship of partnership, joint venture, agent, legal representative or any other fiduciary relationship between you and Restscene
You acknowledge and agree that your rights and obligations in this Agreement are personal to you and it shall not be assigned, transferred or sold without the prior written consent of Restscene. Restscene may with its sole discretion and without any limitations assign, transfer or delegate this Agreement with the rights, duties, and obligations hereof to a third party. However, Restscene is obligated to give you 20 days prior notice.
Any notice or other communication is given or made to users under this Agreement shall be provided electronically and delivered by email, Restscene platform notification or it could be sent by messaging service (including SMS and WeChat).
Kindly note that To duly complete and secure your Reservation, you are obligated to provide your correct email address that is devoid of error while making your reservation as Restscene has no obligation to verify this details and neither will Restscne be held accountable or liable for any misspelled or wrong email address, mobile number or credit card number.
By making use of Restscene Website or its Services you acknowledge and admit that you have studied this Agreement and fully agree to be bound by all its terms and conditions stated herein. If you do not consent to be bound by the Terms of this Agreement; you are not entitled to use or access our platform and its Services
For more information about our scope of service, feedback, comments, suggestions on how we can improve the Restscene platform or questions related to these terms and conditions you may send an email to support@Restscene.com. However, bear in mind that any feedback you submit to us will be considered non-confidential and non-proprietary to you. Submitting your feedbacks grants Restscene.com a non-exclusive, unconditional, royalty-free, worldwide, irrevocable, perpetual right and license to reproduce, use, sublicense, display, and distribute these ideas as we dim fit without compensating you.
This document was last updated on April 18, 2020