These terms and conditions (‘Terms”, “Agreement”) are an agreement between LagunaResorts.PH  (“we”, “us”, or “our”) and you (“Host”, “User”, “Guest”, “you” or “your”). 

A “Host” offers accommodations (“Accommodations”), and a variety of travel and other services (collectively, “Host Services”, and each Host Service offering, a “Listing”).  

This Agreement sets forth the general terms and conditions of your use of the LagunaResorts.PH website and any of its products or services (collectively, “Website”, “Platform”, “Service” or “Services”).

A. General 

1. Accounts and Membership

You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement, you warrant and represent to us that you are at least 18 years of age. 

If you create an account on the Website, you are exclusively responsible for maintaining the security of your account and you are exclusively and fully responsible for all activities that occur under the account and any other actions taken in connection with it. 

We may monitor and review accounts using our Services. Providing false contact information of any kind may result in the termination of your account without prejudice to all under actions that can be pursued against the one who provided the false certification . We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. 

You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We shall not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. 

1. Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

1. Termination 

You may terminate this agreement at any time by sending us an email or by deleting your account. We may terminate this agreement and your account for any reason by providing you notice via email or using any other contact information you have provided for your account. 

We may also terminate this agreement immediately and without notice and stop providing access to the Platform if you breach these Terms, you violate any additional policies or terms, or we reasonably believe termination is necessary to protect us, our members, or third parties. 

If your account has been inactive for more than two (2) years, we may terminate your account without prior notice.

1. Limitation of Liability

Neither LagunaResorts.PH (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Platform or any Content shall be liable, directly or indirectly 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 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 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, whether or not Airbnb 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, in no event shall our 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 Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 1-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 1-month period prior to the event giving rise to the liability, or (C) to anyone else, one thousand pesos (Php1,000).

1. Indemnification

You shall indemnify and hold LagunaResorts.PH and its affiliates, directors, officers, employees, and agents free and harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from 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 the Website or Services or any willful misconduct on your part.

B. Host 

1. 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 shall be 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. You shall be 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. 

1. Independence of Hosts

Your relationship with LagunaResorts.PH is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of LagunaResorts.PH, except that we act as a payment collection agent as described in the Payment Terms. LagunaResorts.PH does not direct or control your Host Service, and you understand that you have complete discretion over whether and when to provide Host Services, at what price, and on what terms to offer them.

1. Host Content

We do not own any data, information, or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all your submitted Content. 

You shall grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for providing the Services to you. 

We may monitor and review Content on the Website submitted or created using our Services. 

Without limiting any of those representations or warranties, we have 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, objectionable, or unlawful.

1. Intellectual Property Rights

This Agreement does not transfer to you in whatever manner any intellectual property owned by LagunaResorts.PH or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with LagunaResorts.PH. All trademarks, service marks, graphics, and logos used in connection with our Website or Services, are trademarks or registered trademarks of LagunaResorts.PH. Other trademarks, service marks, graphics, and logos used in connection with our Website or Services may be the trademarks of other third parties. 

Your use of our Website and Services grants you no right or license to reproduce or otherwise use any LagunaResorts.PH or third-party trademarks.

1. Creating and Managing Your Listing

LagunaResorts.PH 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. You may only maintain one Listing per Accommodation but may have multiple Listings for a single property if it has multiple places to stay. 

1. Search Results

The ranking of Listings in search results on the Website depends on a variety of factors, including these main parameters:

• Guest search parameters (e.g. number of Guests, location, time and duration of the trip, price range),
• Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, Guest engagement, and popularity),
• Guest experience (e.g. customer service and cancellation history of the Host, ease of booking),
• Host and Listing requirements (e.g. minimum or maximum nights, booking cut-off time), and
• Guest preferences and history (e.g. previous trips, viewed and saved Listings, location from where the Guest is searching).

LagunaResorts.PH may allow Hosts to promote their Listings in search or elsewhere on the Website by paying an additional fee. 

1. Contracting with Guests

When you accept a booking request or receive a booking confirmation through LagunaResorts.PH, you are entering into a contract directly with the Guest, and are exclusively responsible for delivering the Host Service under the terms and at the price specified in your Listing. 

Any terms or conditions that you include in any supplemental contract with Guests must: (i) be consistent with the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

You fully and absolutely agree to pay platform fees to LagunaResorts.PH for each booking concluded using the Website. LagunaResorts.PH shall deduct the booking platform fees from your payout.  

Cancellations and rescheduling of completely paid bookings do not entitle the Host nor Guest to a refund of the platform fee from LagunaResorts.PH.  If a guest requests for cancellation or rescheduling, the Host shall be exclusively responsible for all customer refunds and is required to update their booking calendar accordingly, without participation from LagunaResorts.PH

1. Collection and Remittance

LagunaResorts.PH shall transfer collected customer payments to the Host’s designated bank account or e-wallet within 24 hours upon receipt of payment from our payment gateway partners. The amount to be transferred will be net of all platform fees due to LagunaResorts.PH. An email will be sent to the Host to provide the details of the transfer.

1. Taxes

Hosts shall be responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other taxes concerning your services to guests. 

C. Guests

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. 

1.  Booking

When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees, and any other items identified during checkout (collectively, “Total Price”). 

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. Fees

LagunaResorts.PH may charge fees to Hosts and Guests for the right to use the platform. Any applicable fees are disclosed to Guests before making a Booking. Except as otherwise provided, service fees are non-refundable. 

We reserve 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 A-3.

1. Reviews

After each Host Service, guests will have an opportunity to review their experience with the Host and the facility. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms. Reviews are not verified by Airbnb for accuracy and may be incorrect or misleading.