Last updated January 15, 2024
Section 22 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Parker Villas in the United States. Please read them carefully.
These Terms of Service (“Terms”) are a binding legal agreement between you and Parker Villas that govern the right to use the websites, applications, and other offerings from Parker Villas (collectively, the “Parker Villas Platform”). When used in these Terms, “Parker Villas,” “we,” “us,” or “our” refers to the Parker Villas entity.
The Parker Villas Platform enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions, and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). As the provider of the Parker Villas Platform, Parker Villas (or its affiliates) does not own, control, offer or manage any Listings or Host Services. Parker Villas is not a party to the contracts entered into directly between Hosts and Guests, nor is Parker Villas a real estate broker, travel agency, or insurer. Parker Villas is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Parker Villas’s role see Section 15.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Parker Villas payment entities (collectively “Parker Villas Payments“).
Guest Terms
1. Searching and Booking on Parker Villas.
1.1 Searching.
You can search for Host Services by using criteria like the type of Host Service, type of listing, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more.
1.2 Booking.
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like the Parker Villas service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the Host for their Listing, the price displayed to you is based on a currency conversion rate determined by us. You are also agreeing that Parker Villas via Parker Villas Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in Section 14) amounts.
When you receive the booking confirmation, a contract for Host Services (a “Reservation“) is formed directly between you and the Host. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
1.3 Accommodation Reservations.
An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) permitted by applicable law. If you stay past checkout, the Host has the right to make you leave in a manner permitted with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
1.4 Reservations for Experiences and Other Host Services.
An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Experience or Host Service. Except where expressly authorized, you may not allow any person to join an Experience or Host Service unless they are included as an additional guest during the booking process.
2. Cancellations, Reservation Issues, Refunds and Booking Modifications.
2.1 Cancellations, Reservation Issues, and Refunds.
In general, if you cancel a Reservation, the amount refunded to you is determined by the Host’s cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Major Disruptive Events Policy. If the Host cancels, or you experience a Reservation Issue (as defined in our Rebooking and Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the Rebooking and Refund Policy. Different policies apply to certain categories of Listings; for example Experiences Reservations are governed by the Experiences Guest Refund Policy. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation. You may appeal a decision by Parker Villas by contacting us.
2.2 Booking Modifications.
Guests and Hosts are responsible for any booking modifications they agree to make via the Parker Villas Platform or direct Parker Villas customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
3. Your Responsibilities and Assumption of Risk.
3.1 Your Responsibilities.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”), or any Experience or other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
3.2 Your Assumption of Risk.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Parker Villas Platform and any Content (as defined in Section 9), including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.
Host Terms
4. Hosting on Parker Villas.
4.1 Host.
As a Host, Parker Villas offers you the right to use the Parker Villas Platform in accordance with these Terms to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.
4.2 Contracting with Guests.
When you accept a booking request, or receive a booking confirmation through the Parker Villas Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Parker Villas’s service fee (and applicable guest taxes) for each booking. Parker Villas Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
4.3 Independence of Hosts.
Your relationship with Parker Villas is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Parker Villas, except that Parker Villas Payments acts as a payment collection agent as described in the Payments Terms. Parker Villas does not direct or control your Host Service, and you understand that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
5. Managing Your Listing.
5.1 Creating and Managing Your Listing
The Parker Villas Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Host Services and we suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. Any offer of an Experience is subject to our Additional Terms for Tour Hosts.
5.2 Know Your Legal Obligations.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
5.3 Search Results.
The ranking of Listings in search results on the Parker Villas Platform depends on a variety of factors, including these main parameters:
Search results may be different on our mobile application than on our website, and may also differ in the map view. Parker Villas may allow Hosts to promote their Listings in search or elsewhere on the Parker Villas Platform by paying an additional fee.
5.4 Your Responsibilities.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Parker Villas Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Parker Villas Platform in violation of these Terms.
5.5 Hosting as a Team or Organization.
If you work with a co-host or host as part of a team, business, or other organization, you are responsible and liable as a Host under these Terms for the acts and omissions of each entity and individual who participates in providing your Host Services and you are responsible for informing personnel engaged by you to deliver any Host Services of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Parker Villas to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
5.6 Your Assumption of Risk.
You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Parker Villas Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Parker Villas Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Parker Villas.
6. Cancellations, Reservation Issues, and Booking Modifications.
6.1 Cancellations and Reservation Issues.
In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our Major Disruptive Events Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Reservation Issue (as defined by the Rebooking and Refund Policy), (ii) a Major Disruptive Event arises, or (iii) a Reservation is canceled under Section 12 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Parker Villas exceeds your payout, Parker Villas (via Parker Villas Payments) may recover that amount from you, including by deducting the refund against your future payouts. You agree that Parker Villas’ Rebooking and Refund Policy, Major Disruptive Events Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Host a Tour, please note that the Tour Cancellation Policy, Tours Guest Refund Policy and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation.
6.2 Booking Modifications.
Hosts and Guests are responsible for any Booking Modifications they agree to make via the Parker Villas Platform or direct Parker Villas customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
7. Taxes.
7.1 Host Taxes.
As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes“).
7.2 Collection and Remittance by Parker Villas.
In jurisdictions where Parker Villas facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Parker Villas to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Parker Villas are identified to Members on their transaction records, as applicable. Parker Villas may seek additional amounts from Members (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Parker Villas is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
7.3 Tax Information.
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Parker Villas may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting.
General Terms
8. Reviews.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms, applicable law, or our Content Policy or Review Policy. Reviews are not verified by Parker Villas for accuracy and may be incorrect or misleading.
9. Content.
Parts of the Parker Villas Platform enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Parker Villas a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Parker Villas Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Parker Villas (including its affiliates) pays for the creation of Content or facilitates its creation, Parker Villas (including its affiliates) may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Parker Villas (including its affiliates) the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Parker Villas may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Parker Villas does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
10. Fees.
Parker Villas may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Parker Villas Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Any applicable fees are disclosed to Guests before making a Booking. Except as otherwise provided on the Parker Villas Platform, service fees are non-refundable. Parker Villas reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.
11. Parker Villas Platform Rules.
11.1 Rules.
You must follow these rules and must not help or induce others to break or circumvent these rules.
11.2 Reporting Violations.
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Parker Villas. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Parker Villas. If you reported an issue to local authorities, Parker Villas may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
11.3 Copyright Notifications.
If you believe that Content on the Parker Villas Platform infringes copyrights, please notify us.
12. Termination, Suspension and other Measures.
12.1 Term.
The agreement between you and Parker Villas reflected by these Terms is effective when you access the Parker Villas Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
12.2 Termination.
You may terminate this agreement at any time by sending us an email or by deleting your account. Parker Villas may terminate this agreement and your account for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Parker Villas may also terminate this agreement immediately and without notice and stop providing access to the Parker Villas Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Parker Villas, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
12.3 Member Violations.
If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Parker Villas believes it is reasonably necessary to protect Parker Villas, its Members, or third parties; Parker Villas (or its affiliates) may, with or without prior notice:
For minor violations or where otherwise appropriate as Parker Villas (or its affiliates) determines in its sole discretion, you will be given notice of any intended measure by Parker Villas and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.
12.4 Legal Mandates.
Parker Villas may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 12.3.
12.5 Effect of Termination.
If you are a Host and terminate your Parker Villas account, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Parker Villas Platform has been limited, or your Parker Villas account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Parker Villas Platform through an account of another Member.
12.6 Survival.
Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 23.
13. Modification.
Parker Villas may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Parker Villas Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the Parker Villas Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Parker Villas Platform will constitute acceptance of the revised Terms.
14. Resolving Complaints and Damage Claims.
If a Member provides valid evidence that you, your guest(s), or your pet(s) have:
(i) damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation owner is not also the Host), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in; or
(ii) caused loss of booking income for bookings via the Parker Villas Platform or other consequential damages which result directly from the damage caused under (i) above; or
(iii) otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee (each of (i), (ii), and (iii) being a (“Damage Claim“),
the complaining Member can notify Parker Villas and/or seek compensation through contacting us. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Parker Villas and Parker Villas determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Parker Villas via Parker Villas Payments can collect the amount of the Damage Claim from you. You agree that Parker Villas may seek to recover from you under any insurance policies you maintain and that Parker Villas may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Parker Villas requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
15. Parker Villas’ Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Parker Villas, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Parker Villas (or its affiliates) has the right, but does not have any obligation, to monitor the use of the Parker Villas Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Parker Villas Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Parker Villas administers its Additional Legal Terms, Policies (such as our Major Disruptive Events Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Parker Villas (or its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the Parker Villas Platform. Parker Villas is not acting as an agent for any Member except for where Parker Villas Payments acts as a collection agent as provided in the Payments Terms.
16. Member Accounts.
You must register an account to access and use many features of the Parker Villas Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Parker Villas Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Parker Villas if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
17. Disclaimer of Warranties.
The Parker Villas Platform and all Content are provided “as is” without warranty of any kind and Parker Villas (or its affiliates) disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Parker Villas Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or Parker Villas (or its affiliates) has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Parker Villas (or its affiliates) cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
18. Limitations on Liability.
Neither Parker Villas (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Parker Villas Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Parker Villas Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Parker Villas Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Parker Villas has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the Parker Villas Host Damage Protection, in no event will Parker Villas’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Parker Villas Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$200).
These limitations of liability and damages are fundamental elements of the agreement between you and Parker Villas. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
19. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Parker Villas’s option), indemnify, and hold Parker Villas (including Parker Villas Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (ii) your improper use of the Parker Villas Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
20. Contracting Entities.
Based on your country of residence or establishment and what you are doing on the Parker Villas Platform, you may contract with either Parker Villas, LLC, based in Minneapolis, MN or Parker Villas, based in Amsterdam, Netherlands.
21. United States Governing Law and Venue.
If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Minnesota and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 22 must be brought in state or federal court in Minneapolis, Minnesota, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Minneapolis, Minnesota.
22. United States Dispute Resolution and Arbitration Agreement.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND PARKER VILLAS AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.
22.1 Application.
This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Parker Villas in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 22 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
22.2 Overview of Dispute Resolution Process.
Parker Villas is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 22 applies: (1) an informal negotiation directly with Parker Villas’s customer service team (described in paragraph 22.3, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and Parker Villas each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
22.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.
At least 30 days prior to initiating an arbitration, you and Parker Villas each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice“) and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to Parker Villas by mailing it to Parker Villas’s agent for service: Larson King attn: A. Kroeger, 30 E Seventh Street, STE 2800, Saint Paul, MN 55101. Parker Villas will send its Pre-Dispute Notice to the email address associated with your Parker Villas account. A Pre-Dispute Notice must include: the date, your name, mailing address, your Parker Villas username, the email address you used to set up your Parker Villas account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 22.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
22.4 Agreement to Arbitrate.
You and Parker Villas mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Parker Villas Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and Parker Villas agree that an arbitrator will decide that issue. For the avoidance of doubt, you and Parker Villas agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 22, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.
22.5 Exceptions to Arbitration Agreement.
You and Parker Villas each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the Parker Villas Platform or Host Services. You and Parker Villas agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
22.6 Arbitration Forum Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, LLC (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules“) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and Parker Villas shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or Parker Villas may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.
22.7 Modification of Arbitration Rules – Arbitration Hearing/Location.
To make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in Hennepin County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
22.8 Modification of Arbitration Rules – Arbitration Fees and Costs.
Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide Parker Villas with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, Parker Villas will pay your share of any arbitrator fees.
22.9 Modification of Arbitration Rules – Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement.
Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.
22.10 Arbitrator’s Decision.
The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
22.11 Jury Trial Waiver.
You and Parker Villas acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.
22.12 No Class Actions or Representative Proceedings.
You and Parker Villas acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
22.13 Modifications of Arbitration Rules – Offers of Judgment.
At least 10 days before the date set for the arbitration hearing, you or Parker Villas may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.
22.14 Severability.
Except as provided in Section 22.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
22.15 Amendment to Agreement to Arbitrate.
If Parker Villas amends this Section 22 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your Parker Villas username, the email address you used to set up your Parker Villas account, your signature, and an unequivocal statement that you want to opt out of the amended Section 22. You must email the opt-out notice to [email protected] with the title “Arbitration Opt Out”. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Parker Villas (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Parker Villas.
22.16 Survival.
Except as provided in Section 22.12 and subject to Section 12.6, this Section 22 will survive any termination of these Terms and will continue to apply even if you stop using the Parker Villas Platform or terminate your Parker Villas account.
23. Miscellaneous.
23.1 Other Terms Incorporated by Reference.
Our Host Damage Protection, Rebooking and Refund Policy, Experiences Guest Refund Policy, Content Policy, Nondiscrimination Policy, Major Disruptive Events Policy, Additional Legal Terms, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Parker Villas Platform, are incorporated by reference into this policy, and form part of your agreement with Parker Villas.
23.2 Interpreting these Terms.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Parker Villas and you pertaining to your access to or use of the Parker Villas Platform and supersede any and all prior oral or written understandings or agreements between Parker Villas and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Parker Villas. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 22.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
23.3 No Waiver.
Parker Villas’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23.4 Assignment.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Parker Villas’s prior written consent. Parker Villas may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
23.5 Notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Parker Villas via email, Parker Villas Platform notification, messaging service (including SMS and WhatsApp), or any other contact method we enable and you provide.
23.6 Third-Party Services.
The Parker Villas Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Parker Villas is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
23.7 Google Terms.
Some translations on the Parker Villas Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Parker Villas Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
23.8 Platform Content.
Content made available through the Parker Villas Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of Parker Villas and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the Parker Villas Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Parker Villas grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Parker Villas Platform mobile application on your personal device(s); and (ii) access and view the Platform Content made available on or through the Parker Villas Platform and accessible to you, solely for your personal and non-commercial use.
23.9 Force Majeure.
Parker Villas shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
23.10 Emails
You will receive administrative communications from us using the email address or other contact information you provide for your Parker Villas account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Parker Villas account.
23.11 Contact Us.
If you have any questions about these Terms please email us.
