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    Terms and Conditions 1

    Terms and Conditions

     

    Last Modified: March 27, 2023

     

    Welcome to Back to Nature Web Portal, an online holiday accommodation rental marketplace.

    The website located at www.backtonatureholiday.com (the ‘Website’) and the Back to Nature Portal mobile application (‘the App’) are hereinafter collectively referred to as the ‘Platform’ or the ‘Service’.

    The Platform is owned and operated by Back to Nature Portal, a Sole Establishment registered in the United Arab Emirates (UAE) with license number 928645 (hereinafter the ‘Company,’ ‘we,’ ‘us,’ or ‘our’). These Terms and Conditions and our Privacy Policy (collectively the ‘Agreement’) govern Your access and/or use of the Platform, including all support services and resources provided by the Company.

    By signing up for a user account and using the Services, You agree, on Your own behalf or on behalf of the legal entity You represent, to be bound by this Agreement. If You do not wish to abide by this Agreement, please do not use the Platform.

    YOU ACKNOWLEDGE AND AGREE THAT SOME SERVICES PROVIDED BY THE COMPANY MAY REQUIRE YOU TO AGREE TO SUPPLEMENTARY TERMS. ALL SUCH SUPPLEMENTARY TERMS ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE. IN CASE OF ANY CONFLICT BETWEEN THESE TERMS AND SUPPLEMENTARY TERMS, THE SUPPLEMENTARY TERMS SHALL PREVAIL WITH RESPECT TO YOUR USE OF THE SERVICE.

    BY CONTINUING TO USE THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE AGREEMENT.

     

       1.         Eligibility

    To be eligible to access/use the Platform, You must meet the following eligibility criteria:

                      1.1.         You must be of legal age and have the capacity to enter into a binding contract with the Company and/or the Member. Please note that You are of legal age if You are legally emancipated or of the age of majority in the jurisdiction where You are resident;

                      1.2.         If You sign-up for an account on behalf of a legal entity, You represent and warrant that:

                                    1.2.1.         You meet the criteria in Section 1.1 above, and

                                    1.2.2.         The legal entity You represent is duly organised and operating in accordance with applicable law, and

                                    1.2.3.         You have the authority to act on behalf of the legal entity, including the authority to bind the legal entity to this Agreement (all obligations arising from the use of the Service) and to dispose of the rights of such legal entity.

       2.         Definitions and Interpretation

                      2.1.         The following words beginning with a capital letter, wherever used in these Terms and Conditions, shall have the meaning as defined hereunder:

    “Booking”

    means an offer to rent a listed accommodation and includes both available Booking options, i.e. “Book Now” and “Instant Bookings”.

     

    “Booking Fee” or “Reservation Amount”

    means the amount payable by a Guest for making a Reservation through the Platform. The Booking Fee is calculated as a fixed percentage of the total Rental Amount.

     

    Guest

    means a Member who uses the Platform to search, book, and reserve accommodation listed on the Platform.

     

    Host

    means a Member who offers accommodation for short-term holiday rental through the Platform.

     

    Instant Booking

     

    refers to the Platform feature, which enables a Guest to make a Reservation by paying the Booking Fee without requiring the Host’s prior approval.

     

    Listing

    means the accommodation a Host offers for rent through the Platform.

     

    Member/s

    means any user with a user account on the Platform. A Member may refer to a Guest or a Host as the context requires.

     

    Overheads

    refers to any cleaning fees and city fees displayed on the Listing and payable by a Guest to the Host for a Reservation in addition to the Rental Amount.

     

    ‘Parties’ and ‘Party’

    refers to a Guest and a Host collectively and individually, as applicable.

     

    Rental Amount

    means the sum of the list price of renting the accommodation plus any optional extras specified on the Listing, excluding any Overheads and Security Deposit.

     

    Reservation

    means the vacation rental contract between a Guest and a Host governing the Parties’ respective rights and obligations, including but not limited to the provision of accommodation, payment obligations, and any Reservation cancellations and refunds.

     

    Service Fee

    means the fee the Company charges the Host for a Reservation made through the Platform. The Service Fee is calculated as a percentage of the total Rental Amount.

     

    Total Price

    means the sum of the Rental Amount and Overheads for a listed accommodation.

     

    “User,” “Member,” “You,” or “Your”

    refers to the individual who registers an account on the Platform or the entity such an individual legally represents.

                      2.2.         The use of any masculine, feminine, or neuter gender and the singular or plural numbers in these Terms and Conditions shall refer to the gender and number as the context requires.

                      2.3.         Any words or expressions used in these Terms and Conditions that are not defined in this Section 2 shall have the respective meanings given to them in these Terms and Conditions.

                      2.4.         If this Agreement has been translated into other languages, the English version shall prevail.

       3.         The Platform

                      3.1.         Back to Nature Portal is an online marketplace where Hosts can offer their accommodation in nature for vacation rentals to Guests, and Guests can search for accommodation that meets their requirements and make online Reservations.

                      3.2.         The Company only provides an online Platform for Members to offer, search, and reserve accommodation. The Company does not offer or control any accommodation listed on the Platform, and the Company does not offer any warranties about any accommodation Listing on the Platform.

                      3.3.         Although the Platform’s algorithm suggests Listings to Guests based on the Guest search, the Parties understand and agree that they are solely responsible for independently evaluating their decision to make any Reservations through the Platform. The Company hereby disclaims all liability for any Member’s conduct, either online or offline.

                      3.4.         You understand and accept that the approval of any user account or Listing on the Platform does not constitute an endorsement of such a Member or Listing by the Company. You are advised to exercise Your best judgment and take all reasonable precautions in Your interactions with other Members.

                      3.5.         We encourage our users to amicably resolve any reservation-related disputes directly between themselves using the communication channels available on the Platform. If the Parties are unable to reach a resolution, they may contact our customer support team to assist with the resolution of such disputes. Please note that our customer support team is only authorized to issue a refund of the Booking Fee paid by the Guest as a remedy. Our customer support team will rely upon this Agreement and the evidence presented by the Parties to determine the correct resolution. Nothing herein restricts your right to seek legal action against the other Party in the court of law with appropriate jurisdiction.

                      3.6.         THE COMPANY IS NOT A REAL ESTATE BROKER OR TRAVEL AGENT. UNLESS EXPRESSLY SPECIFIED OTHERWISE, THE COMPANY’S RESPONSIBILITY IS LIMITED TO FACILITATING THE AVAILABILITY OF THE PLATFORM FEATURES AND FUNCTIONALITY. YOUR DECISION TO USE THE PLATFORM OR MAKE ANY RESERVATIONS THROUGH THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.

       4.         Guests

    The provisions outlined in this Section 4 only apply to Guests, and all references to “You” and “Your” in this Section 4 refer exclusively to Guests. If You make use of the Platform as a Guest, please carefully review all the provisions outlined hereunder:

                      4.1.         Account Registration

    Although You can browse through the Platform without registering a user account, You must sign-up for an account as a Guest to make any Bookings and Reservations through the Platform. You can register Your account for free in accordance with the provisions of Section 12 of these Terms and Conditions. Once You have successfully signed up for an account, You will be able to access and use all the Platform features and functionality.

                      4.2.         Searching Accommodation

    As a Guest, You can easily search for accommodation on the Platform by selecting Your destination, nature type, type of accommodation, specifying Your check-in and checkout date, and other requested information. The Platform will provide results that match Your search criteria. Please note that the Platform’s search algorithm ranks Listings on various factors, including but not limited to the ratings and reviews of the accommodation, price range, availability,  requirements specified by the Host such as minimum or maximum nights, and other similar factors. The search results on the Platform do not display the exact address of an accommodation which is only revealed once Your Booking is confirmed through the Platform. If You have any questions regarding an accommodation prior to Reservation, You may send Your enquiries to info@backtonatureholidays.com; alternatively, You can complete the contact form available on the Website. You can also reach us through our live chat support, when available.

    Once Your Booking is confirmed, You will be able to communicate directly with the Host through the Platform. All communication relating to Reservations between the Parties must be through the Platform.  You can view all communication in Your account’s “inbox” tab. You can also save Listings You would like to think about to Your favourites tab and revisit them later.

                      4.3.         Reservations and Payments

    When You are ready to make a Booking, You can easily do so by logging in to Your account on the Platform. Please note that when You make a Booking, You are offering to rent such accommodation and pay the full Rental Amount plus Overheads and any Security Deposit specified on the Booking page. Your offer to rent the accommodation is only deemed accepted by the Host after Your payment method is successfully billed for the full Booking Fee. If the accommodation You wish to book has the ‘Instant Booking’ functionality enabled, You can make the Reservation instantly by paying the Booking Fee displayed on the checkout page. However, if Your selected accommodation requires You to send a request to the Host through the ‘Book Now’ option, You will need to wait for the Host’s approval before proceeding to make a Reservation.

    Please carefully review all Booking details, including but not limited to Your selected dates, all amounts specified on the Listing, Reservation cancellation and refund policy, and other accommodation rules before confirming Your Booking. You acknowledge and agree that all Rental Amounts, Overheads, and Security Deposits displayed on a Listing are specified by the accommodation Host, not the Company, and the Host reserves the right to modify the aforementioned amounts without incurring any liability. Any changes to Rental Amounts, Overheads and Security Deposits will not impact a Guest’s payment obligation for any Reservations made before the Host made such changes. By confirming Your Booking, You agree to abide by all conditions specified on the Listing and this Agreement.

     

    You can view the full Booking Fee payable by You to make Your Reservation on the checkout page. To confirm Your Booking/make a Reservation, You will be required to provide us with Your payment card details and authorise our secure payment processor to charge Your payment card for the full amount of the Booking Fee. By providing Your payment details on the Platform, You represent and warrant that:

    a)    You have the right to provide the payment details to pay for the Booking;

    b)    You have provided correct, complete, and current payment information; and

    c)     Your action does not violate any applicable law.

    You are expressly prohibited from paying or attempting to pay for Your Booking using another person’s payment details without the cardholder’s  express authorisation. If Your payment is unsuccessful for any reason, including but not limited to Your payment card issuer declining authorisation, we will not be under any obligation to make Your Reservation.

    Once Your Booking Fee is successfully processed through the Platform, You will receive a confirmation email, and You will be able to access/manage Your Reservation through the “My Reservations” tab in Your account. You will remain liable to pay the remaining balance of the Rental Amount, Overheads, and Security Deposit as applicable to the Host at the premises, as specified in the Listing.

    Although You may view the amounts listed on the Platform in Your local currency, You understand and accept that all amounts on the Platform are valued and processed in US Dollars (USD). If You view the amounts in any currency other than USD, the amounts payable by You for the Booking Fee may vary depending on the exchange rate fluctuations and conversion rate used by Your bank.  

     

    Security Deposit

    Some Hosts may require You to make a Security Deposit during Your stay as security for physical damage to the Host’s property or to cover additional expenses that You may incur during Your stay at the accommodation. You understand and agree that such amounts are not included in the Booking Fee paid by You through the Platform.

                      4.4.         Booking Modification, Cancellations and Refunds

    Unless the Host has published its own Reservation modification, cancellations and refunds policy on the Listing at the time of Your Reservation, any changes or cancellations of Your Reservation will be governed by the Reservation Cancellations and Refund Policy as specified in Section 6 of these Terms and Conditions. It is solely Your responsibility to review all relevant Host and Platform policies before making a Reservation.

    Notwithstanding anything to the foregoing, You may modify or cancel a Booking anytime before the Booking Fee is processed (“Unconfirmed Booking”) through the Platform. You may cancel Your Unconfirmed Booking by accessing the “My Reservations” tab in Your account.

    All Guests are advised to delete any Unconfirmed Bookings before proceeding with a new Booking to avoid accidentally making a double Reservation.

                      4.5.         Invoice

    All invoices for Reservations will only be made available electronically. You can access all Your past invoices by logging into Your account.

                      4.6.         Ratings and Reviews

    After check-out from the accommodation, You can rate and review the accommodation and the Host. Ratings and reviews are designed to help other Guests on the Platform make informed decisions when searching for a suitable accommodation; therefore, it is imperative that You provide an honest rating and review of Your experience. Any actions to fraudulently boost ratings or defame a Host by leaving inaccurate reviews may result in the termination of Your account on the Platform.

     

    The Company will not assume any responsibility or liability for any loss, claim or damage incurred by any Member due to any reliance upon ratings and reviews available on the Platform. The Company does not verify the authenticity of any ratings and reviews; therefore, we cannot offer any guarantees as to the credibility or accuracy of any ratings and reviews on the Platform. You understand that when You leave a rating or review for accommodation and Host, Your review will be deemed non-confidential information and publicly available on the Host’s Listing page.

     

    By leaving a rating and review on the Platform, You represent and warrant that Your review does not:

     

          Contain any personal information about a third party;

     

          Contain any confidential information that You do not wish to be made publicly available;

     

          Contain any content that is prohibited by the laws of the United Arab Emirates or of Your local jurisdiction; or

     

          Violate any provision of our Agreement.

     

    You understand and accept that the Host has the right to respond to Your review and report any reviews that violate any provision of this Agreement. The Company reserves the right to remove any reviews from the Platform without incurring any liability.

                      4.7.         Rights and Obligations

    Subject to all applicable provisions outlined in this Agreement:

                                    4.7.1.         Your Reservation grants You and the Guests accompanying You the limited right to access and use the accommodation as specified in Your Reservation, subject to the provisions of this Agreement.

                                    4.7.2.         Except where the Host expressly consents otherwise, You must vacate the accommodation on or before the checkout time specified in Your Reservation. You will be obligated to pay for any excess amount/penalties imposed by the Host for Your overstay.

                                    4.7.3.         You are obligated to use the accommodation with care and leave it in the same condition it was when You checked in.

                                    4.7.4.         You are under obligation to pay for any damage that You cause to the Host property, including any damage caused by Your pets or any other Guests accompanying You under Your Reservation.

                                    4.7.5.         You are under obligation to settle the remaining balance of the Rental Amount, Overheads, and Security Deposit (as applicable) directly with the Host at the premises as specified in the Listing. 

                      4.8.         Assumption of Risk

    BY USING THE PLATFORM, YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH USE, INCLUDING BUT NOT LIMITED TO ANY MEMBER CONTENT ON THE PLATFORM, MEMBER CONDUCT (ONLINE OR OFFLINE), ACCESS/USE OF THE ACCOMMODATION, AND OTHER ASSOCIATED RISKS DURING YOUR TRAVEL AND STAY AT THE ACCOMMODATION RESERVED THROUGH THE PLATFORM. YOU EXPRESSLY ASSUME ALL RISKS FOR ANY LOSS, COSTS OR HARM SUFFERED BY YOU OR ANY OTHER PERSON ACCOMPANYING YOU DURING YOUR TRAVEL AND STAY AT THE ACCOMMODATION RESERVED THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY INJURIES, ILLNESS, DISABILITY, DEATH, PROPERTY DAMAGE OR OTHER PERSONAL LOSSES.

    YOU FURTHER ASSUME THE RISKS INVOLVED IN TRAVELLING AND STAYING AT AN ACCOMMODATION IN NATURE, INCLUDING BUT NOT LIMITED TO THE RISK OF BEING OF THE GRID AND THE CONSEQUENCES THEREOF. YOU ACKNOWLEDGE THAT YOUR DECISION TO MAKE RESERVATIONS THROUGH THE PLATFORM IS VOLUNTARY AND NOT INDUCED BY THE COMPANY.

                      4.9.         Disclaimer

    THE COMPANY DOES NOT ACT AS A TOUR OPERATOR NOR SELL ANY TRAVEL PACKAGES AS INTENDED UNDER THE EUROPEAN UNION  DIRECTIVE 2015/2302. THE COMPANY WILL NOT BE RESPONSIBLE FOR THE ARRANGEMENT, DELAY OR CANCELLATION OF ANY TRANSPORTATION REQUIRED FOR YOUR TRIP.

    ALL LISTINGS ON THE PLATFORM ARE SOLELY THE  RESPONSIBILITY OF THE HOST WHO POSTED THEM ON THE PLATFORM AND NOT THE RESPONSIBILITY OF THE COMPANY. ACCEPTANCE OF A LISTING ON THE PLATFORM BY THE COMPANY DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH LISTING BY THE COMPANY. ANY ADVICE, RECOMMENDATIONS, AND REVIEWS PUBLISHED ON THE PLATFORM BY MEMBERS ARE THE OPINIONS OF SUCH MEMBERS AND NOT THE OPINION OF THE COMPANY. IN NO EVENT WILL THE COMPANY BE HELD RESPONSIBLE FOR A HOST’S FAILURE TO MEET ITS OBLIGATIONS.

    THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR THE SAFETY AND SECURITY OF YOUR PERSONAL BELONGINGS AT AN  ACCOMMODATION RESERVED THROUGH THE PLATFORM. YOUR DECISION TO USE THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.

       5.         Hosts

    The provisions outlined in this Section 5 only apply to Hosts, and all references to “You”, “Your,” or “Member” in this Section 5 refer exclusively to Hosts. If You make use of the Platform as a Host, please carefully review all the provisions outlined hereunder:

                      5.1.         Account Registration

    Hosts are required to register an account on the Platform by selecting the “I want to rent my property” option during sign-up. All account registrations are in accordance with the provisions outlined in Section 12 of these Terms and Conditions.

                      5.2.         Subscription Plans, Payments, Cancellations and Refunds

    Hosts must select one of the paid subscription plans after their submitted Listing is approved by the Platform. All subscriptions are governed by the provisions outlined hereunder:

                                    5.2.1.         Subscription Plans

    The Company currently offers multiple subscription plans to suit different Member requirements. You can only subscribe to one subscription plan at any given time. If You switch from one subscription plan to another, Your new subscription plan will replace Your previous one. The Company reserves the right to introduce new subscription plans at any time or modify any existing plans at its sole discretion. All our current subscription plans and accompanying subscription fees are listed on the Website and quoted in US$ (excluding applicable taxes). You will be billed for Your selected plan in accordance with the provisions of Section 5.2.3 below.

                                    5.2.2.         Change in Subscription Fees

    We reserve the right to change our subscription fees from time to time at our sole discretion. In the event of any changes in our subscription fee, we will notify You by posting a notice on the Website and/or by sending You an email informing You of our new pricing. Any changes in our subscription fees will not impact Your current subscription term, and new subscription fees will only become effective from the date of Your subscription renewal. We will give You at least ten days’ notice before the due date of Your subscription renewal, informing You of the new subscription fees. If You do not agree with any changes to our subscription fees, Your sole remedy is to cease using the Service.

     

                                    5.2.3.         Subscription Payments, Renewals and Cancellations

                                                 5.2.3.1.         The total subscription fee payable by You for Your selected plan, including any applicable taxes, will be displayed to You before You authorise the payment. You understand and agree that You will be billed according to Your selected plan (plus applicable taxes) when You first subscribe to the Service. If You select automatic renewal, Your subscription will automatically renew for a new term equal in length to the expiring subscription term until you stop automatic renewal.

                                                 5.2.3.2.         You must stop the automatic renewal of Your subscription before the end of Your current billing cycle to avoid being billed for a new term. If You fail to stop the automatic renewal of Your subscription before the end of Your current subscription term, You will be billed for the new term.

     

                                                 5.2.3.3.         If You do not select automatic renewal, Your subscription plan will automatically expire at the end of the current subscription term, and You will be required to re-subscribe to the Service.

     

                                                 5.2.3.4.         By providing Your payment method at the time of Your subscription, You represent that the payment information provided by You is correct, current, and complete and that You have the right to use the payment method provided by You. You are expressly prohibited from paying or attempting to pay through any unlawful means.

                                                 5.2.3.5.         You hereby authorise the Company and/or our third-party payment processor to charge Your payment method in accordance with the provisions of this Agreement. If You select automatic renewal, You authorise recurring payments until You deselect automatic renewal by accessing Your account settings.

     

                                                 5.2.3.6.         Subscription Upgrades and Downgrades

    All subscription upgrades and downgrades will become effective immediately at the time of the purchase of the new plan. Please note that all upgrades and downgrades are treated as new purchases, and You will not be eligible to receive any refunds for the unused portion of Your previous subscription plan. For the avoidance of doubt, subscriptions do not sum up if You buy a new subscription plan before the end of Your current subscription term.

    Upgrades

    You can upgrade Your subscription at any time during or after the end of Your current subscription term by accessing Your dashboard. When You upgrade Your subscription plan, Your payment method will be billed for the subscription fee of the new plan, and Your new subscription plan will immediately replace Your previous subscription plan.

    Downgrades

    As downgrades are also effective immediately, we advise You to only downgrade Your subscription plan after Your current subscription term has expired. Please note that when You downgrade Your subscription before the end of Your current subscription term, the downgraded plan will immediately replace Your previous subscription plan.

    You can purchase the downgraded plan by paying the full listed subscription fee. You cannot use the unused portion of Your current subscription to set-off the payment for the new downgraded plan. You will also not be eligible for any refunds for the unused portion of Your previous subscription.

                                                 5.2.3.7.         Subscription Cancellations and Refunds

    Except for automatically renewing subscriptions, all subscriptions are automatically cancelled at the end of their current subscription term. Automatically-renewing subscriptions can be cancelled by deselecting the automatic renewal option, and thereafter, they will automatically expire at the current subscription term. All cancellations will be effective from the last day of the then subscription plan term.

    Unless expressly specified otherwise in this Agreement, the Company fully earns the subscription fee on the payment day, and we do not offer any full or partial refunds for any unused portion of Your subscription term. Notwithstanding the foregoing, we may grant refunds to users in certain exceptional circumstances. If we decide to grant You a refund request, such a refund will be made to the original payment method used by You. The processing of refunds may take time; please wait at least 14 business days for the payment to appear in Your payment account. Any Member accounts the Company terminates for breach of this Agreement will not be eligible for refunds.

     

                                    5.2.4.         Free Trial and Promotional Offers

    The Company may, at its sole discretion, offer any available subscription plans to You on a free trial basis. Free trials are offered once per Member for a fixed period only. To continue using the Platform after the end of Your free trial, You will be required to pay the subscription fee as listed on the Website.

    You understand and accept that Your use of the Service during a free trial is subject to the provisions of this Agreement. By joining a free trial, You agree to abide by all applicable provisions of this Agreement. You acknowledge and agree that free trials can only be used once per Member.

    The Company may also offer special promotions with a different subscription fee than our standard offer. If You subscribe to such promotions during the term of Your free trial period, Your free trial will immediately terminate upon Your acceptance of the promotional offer, and You will be billed for the promotional offer in accordance with the provisions of Section 5.2.3 above. Please note that if You are currently using the Service under a special promotion, You will not qualify for another promotional offer until Your current offer term has elapsed. For the avoidance of any doubt, You will not be eligible to benefit from the same promotional offer more than once.

                                    5.2.5.         Discretionary Discounts

    The Company reserves the right to offer discretionary discounts to new or existing Members. The Company offers such discounts at its sole discretion, and the Company is not under any legal obligation to offer any discount to any Member.

    Discretionary discounts will not impact the rights and obligations of any other Member who did not receive the discount. Members who did not receive a discount will remain liable for the payment of their full subscription fee in accordance with the provisions outlined in this Agreement.

    Discretionary discount will only be applicable for a specified period and will expire upon the date specified by the Company. If You are a recipient of a discretionary discount and You wish to continue using the Service after the expiration of the discount, You will become liable for the payment of the full subscription fee as specified on the subscription plans page.

    Please note that additional terms and conditions may apply to discounts, and by accepting any discount, You agree to be bound by those additional terms and conditions.

                      5.3.         Listing Policy

    You may create Your Listing in compliance with the provisions outlined hereunder:

                                    5.3.1.         You must provide correct, complete and current accommodation information in Your Listing, including but not limited to the nature type, accommodation images, facilities/services available, Rental Amount (per person per night or accommodation per night), Overheads, Security Deposit, and any other charges payable by Guests. Any intentional or unintentional misrepresentation will constitute a material breach of this Agreement;

     

                                    5.3.2.         You must expressly list all available payment methods at the premises to avoid any disputes at a later stage;

                                    5.3.3.         Your Listing must not contain any profanity or offensive language. We reserve the right to remove any Listing from the Platform that we, in our sole discretion, deem to be inappropriate;

     

                                    5.3.4.         You may only use original high-resolution images or videos of the accommodation in Your Listing. All videos and images should be current and up to date. Accommodation videos and images shall not contain any human or animal models, watermarks, photographer or studio names or other similar overlapping content. Any use of stock images in the Listing is strictly prohibited. You may not use any images or videos for which You do not have the relevant license and which You are not authorised to use for online advertising;

                                    5.3.5.         Property Specific Terms and Conditions

    You must specify all relevant property-specific terms and conditions under the section titled “Property Specific Terms and Conditions” when You create Your Listing. These Property Specific Terms and Conditions will form part of the Reservation agreement between You and Your Guests. We encourage You to take the time and carefully outline the following policies in Your Listing:

                                                 5.3.5.1.         Reservation Cancellation and Refund Policy

    You can specify Your own Reservation modification, cancellation and refund policy for Your Listing. Please note that if You do not provide Your own policy, all Reservation cancellations and refunds will be governed by the Company’s default Reservation Cancellation and Refund Policy as provided in Section 6 of these Terms and Conditions.

                                                 5.3.5.2.         Late Check-In and Checkout

    If You impose additional charges for late check-in and checkout, You must specify what will constitute late check-in and late checkout in Your local time zone and clearly state the additional charges. You would be prohibited from charging for late check-in and checkout if it was not specified on Your Listing at the time of the Reservation.

                                                 5.3.5.3.         Security Deposit

    Where You require the Guest to make a refundable Security Deposit, the exact amount of such Security Deposit and any other relevant conditions must be clearly specified on Your Listing. You will not be able to demand a Guest to make a Security Deposit if the same was not specified on Your Listing at the time of the Reservation.

    Please note that any Property Specific Terms and Conditions You include in Your Listing must be consistent with the provisions of this Agreement. In the event of any conflict between Your terms and any provision of this Agreement, this Agreement shall prevail;

                                    5.3.6.         You are prohibited from including Your contact information in the Listing title, description, or Your profile page to encourage Guests to make Reservations outside the Platform. For the avoidance of any doubt, the contact information includes but is not limited to Your phone number, email address, social account, business, or other physical address;

                                    5.3.7.         You are prohibited from creating a Listing for an accommodation You are not authorised to rent. The Company reserves the right to request any proof of authorisation at its sole discretion. Any failure to provide relevant proof will result in the termination of Your account; 

     

                                    5.3.8.         Any links in the Listing that redirect the Guests away from the Platform to rent accommodation on a third-party website are strictly prohibited, including but not limited to Host’s social media pages where  a Guest can contact the Host;

     

                                    5.3.9.         The Total Price of a listed accommodation on the Platform cannot be higher than the price of such accommodation on any other website or media, including the Host’s website;

     

                                5.3.10.         Your Listing shall not include any suggestions of discounts in exchange for positive reviews;

     

                                5.3.11.         You are prohibited from creating duplicate Listings for the same accommodation;

     

                                5.3.12.         You may only list one accommodation per Listing;

     

                                5.3.13.         You may not create a Listing for driving traffic to any other unlisted properties;

     

                                5.3.14.         You shall acquire the relevant property insurance to cover any property damage caused by Guests during their stay and maintain such coverage for the entire duration that Your Listing is active on the Platform. For the avoidance of any doubt, the Company does not provide any property insurance to Hosts on the Platform;

     

                                5.3.15.         Your Listing shall not contain any content that discriminates against Guests on the grounds of race, religion, nationality, ethnicity, sexual orientation or other similar ground;

    You acknowledge and agree that Guests on the Platform rely upon the information contained in Your accommodation Listing; therefore, the Company reserves the right to verify any information provided by You at its sole discretion. Your failure to provide any requested information may result in Your Listing being removed from the Platform. The Company also reserves the right to refuse to publish or remove any Listing that it deems to violate any provision of the Agreement. The Company may reserve the right to delay publishing any Listing or decline to publish a Listing at its sole discretion without providing any reason for its decision.

                      5.4.         Search Results

    You understand and agree that the placement or ranking of Your Listings in search results may depend on a variety of factors, including, but not limited to, search parameters, availability, ratings, reviews, Reservation history, and other similar factors. We are unable to offer any guarantees that Your Listing will appear in any specific order in search results on the Platform.

                      5.5.         Accepting and Rejecting Bookings

    Unless You have activated “Instant Bookings” for Your Listing, all Booking requests will be sent to You through the Platform. As a Host, when You receive a Booking request, You can view such Booking details under the “My Bookings” tab in Your account. You have the option to either accept or reject the Booking. If You wish to accept the Booking, You can issue the invoice, which will be sent to the Guest and prompt the Guest to pay the Booking Fee. Once the Guest pays the Booking Fee, the Booking will be confirmed and appear under Your “My Bookings” tab. For all Booking Requests received through the Platform, You must use all reasonable efforts to respond to Guests within 24 hours from the time of the Booking request.

                      5.6.         Reservations and Payments

    Please note that when You issue an invoice in response to a Booking request,  You are accepting the Guest’s offer to rent Your listed accommodation. Upon payment of the Booking Fee by the Guest, a legally binding contract is formed between You and the Guest for the provision of the accommodation specified in Your Listing in accordance with the provisions of this Agreement and any other additional terms specified by You on the Listing.

    The Company currently only facilitates the payment of Booking Fees through the Platform and the Hosts are responsible for facilitating the payment of the balance by Guests at the premises. Please note that You are strictly prohibited from requesting Guests to send You their payment card details.

    As a Host, You appoint the Company as Your limited authorised payment collection agent. You authorise the Company to collect the full Booking Fee from the Guest on Your behalf. Subject to the Reservation Cancellation and Refunds Policy that applies to a Reservation, the full Booking Fee, less the Service Fee and payment processing surcharge, will be transferred to You. Please note that where the Booking Fee for a Reservation is equal to the Service Fee payable by You to the Company, You authorise the Company to settle Your obligation for the payment of the Service Fee against the Booking Fee collected by the Company on Your behalf.

    We currently only accept online payments through major credit or debit cards, and the payments are processed by third-party payment processors Stripe, PayPal and Apple Pay.

     

    The Company reserves the right to change the Booking Fee and Service Fee at its sole discretion without incurring any liability. When we make any changes to our Service Fees and Booking Fees, we will notify You at least seven business days before implementing such new fees. The Company may facilitate the payment of Total Price through the Platform at its sole discretion.

                      5.7.         Cancelling Bookings and Reservations

                                    5.7.1.         You may cancel an Unconfirmed Booking at any time by accessing Your account;

                                    5.7.2.         You may not cancel a Reservation except in the following circumstances:

                                                 5.7.2.1.         A Guest expressly requests cancellation of a Reservation through the Platform;

                                                 5.7.2.2.         If You are unable to collect the remaining balance of the Total Price from the Guest at the premises; or

                                                 5.7.2.3.         Where a Reservation needs to be cancelled pursuant to Section 6.1.

                      5.8.         Rights and Obligations

                                    5.8.1.         As a Host, You have the right to change the Rental Amount, Overheads, or Security Deposit for Your Listing at any time. Please note that such changes will not impact any invoices that You issued prior to such change in pricing;

                                    5.8.2.         You are under obligation to keep Your Listing up to date, including but not limited to images, availability, and description;

                                    5.8.3.         You have the right to accept or reject any Booking requests for Your Listings through the Platform and to cancel Unconfirmed Bookings and Reservations in accordance with this Agreement;

                                    5.8.4.         You have the right to receive the balance of Your Rental Amount, Overheads and Security Deposit from the Guests at Your premises in accordance with this Agreement. You shall not wrongfully withhold any Security Deposit in breach of Your Property Specific Terms and Conditions;

                                    5.8.5.         You have the right to cancel a Reservation if You are unable to collect the balance of the Reservation Total Price from the Guest at the premises;

                                    5.8.6.         If You accept credit cards for payments, You are under obligation to comply with the Payment Card Industry (“PCI”) Data Security Standards. Please note that the Company will not be responsible for the validity, verification or authorisation of Guest credit cards;

                                    5.8.7.         You are under obligation to familiarise Yourself with all applicable laws, rules, and regulations and for Your compliance with such laws, including but not limited to obtaining any licenses or permits prior to Listing Your accommodation on the Platform and accepting Bookings/Reservations;

                                    5.8.8.         You are under obligation to provide the Guests access to the accommodation as specified in the Reservation;

                                    5.8.9.         You shall be solely responsible for maintaining Your accommodation, including but not limited to arranging any cleaning services and Guest check-in and checkout;

                                5.8.10.         You are solely responsible for the payment of Your taxes, license fees, or other similar expenses;

                                5.8.11.         You are under obligation to keep any personal information You receive from the Guest private and in compliance with applicable privacy laws of Your jurisdiction and not to use such information for any purpose other than performing Your rights and obligations under a Reservation;

                                5.8.12.         You have the obligation to keep all communication relating to Bookings and Reservations on the Platform;

     

                                5.8.13.         In the event of any changes in Your contact information or authorised representatives who previously had access to the Platform, please immediately contact us at businessupport@backtonatureholidays.com and provide the updated information;

     

                                5.8.14.         You have the right to request guidelines to help You correctly populate all the relevant fields in the Listing form. Please note that any guidelines provided by the Company are provided for Your general information purposes only, and nothing therein substitutes any provision of this Agreement;

     

                                5.8.15.         You are obliged to provide us with the proof of identity and other evidence we request to verify the information contained in Your Listing on the Platform.

     

                      5.9.         Ratings and Reviews

    Guests on the Platform have the right to leave a rating and review for the accommodation and the Host after they check-out. All Listing and Host reviews on the Platform are the opinions of the Guests and not the opinion of the Company. The Company shall not be responsible for any loss, claim, or damage incurred by any Host due to a negative rating or review from a Guest. The Company reserves the right, in its sole discretion, to remove any ratings and reviews from the Platform if:

                                    5.9.1.         A review contains inappropriate language;

                                    5.9.2.         A review violates any applicable laws;

                                    5.9.3.         A review discloses any personal or confidential information that is not publicly available;

                                    5.9.4.         A review that does not provide any relevant information to prospective Guests or Hosts;

                                    5.9.5.         If the Company receives instructions by court order to remove a review; and

                                    5.9.6.         Where we deem a review to be harmful to the Company or its users.

                   5.10.         Acknowledgements

                                5.10.1.         You acknowledge that offering accommodation for short-term holiday rental is a business, and You are operating this business independently from the Company. Your relationship with the Company is not that of an employer-employee, principal-agent, joint venturer, or partner. The Company does not direct, supervise or control Your operations as a Host, including but not limited to determining the Rental Amount, Overheads, Security Deposit for Your Listing, its availability, or whether to accept or reject a Booking;

     

                                5.10.2.         The Company does not offer any guarantees that You will earn a minimum Rental Amount during the term of this Agreement or guarantee any recurring revenue from the use of the Platform. The Company uses its proprietary algorithms to rank Listings in search results based on various factors. The Company reserves the right to change our ranking algorithm or A/B test different algorithms at any time without providing any prior notice to You. You hereby release the Company from any loss, cost, or damage suffered by You as a result of any changes to our algorithm that may negatively impact Your Listing on the Platform;

                                5.10.3.         It is solely Your responsibility to obtain all relevant approvals, licenses, consents, and authorisations required by Your jurisdiction for offering accommodation to Guests for holiday rental; 

     

                                5.10.4.         The Company does not provide any property management services, and You shall be solely responsible for managing Your business, including but not limited to paying Your employees and payment of Your own taxes.

                   5.11.         Representations and Warranties

                                5.11.1.         By adding Your Listing on the Platform, You represent that Your accommodation is located in nature, away from urban noise and environmental pollution;

     

                                5.11.2.         When You add a new Listing on the Platform, You represent and warrant that all information provided by You in the Listing, including but not limited to accommodation images, nature type, facilities, availability, Rental Amount, Overheads, Security Deposit, and location are accurate and up-to-date. You acknowledge that Guests on the Platform rely upon these representations and warranties when Booking an accommodation, and any misrepresentation will constitute a material breach of this Agreement. The Company reserves the right to terminate the account of any Member who misrepresents any information and ban them from reregistering on the Platform;

                                5.11.3.         You represent and warrant that the execution and performance of this Agreement, including Your obligations under a Reservation, will not violate any other agreement to which You are a party or by which You are bound. You represent and warrant that no such agreement or obligation is in effect during the term of this Agreement;

                                5.11.4.         When You add Your Listing to the Platform, You represent and warrant that You have all the rights and authority to offer accommodation for rental to Guests through the Platform;

                                5.11.5.         You also represent that You are familiar with all laws, rules, and regulations that apply to You during the use of the Platform. Please note that the Company is operating in accordance with the laws of the United Arab Emirates, which govern all Hosts and Guests in addition to the laws of their own country of residence.

                   5.12.         Assumption of Risk

    BY USING THE PLATFORM AND OFFERING ACCOMMODATION TO GUESTS THROUGH THE PLATFORM, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE, INCLUDING BUT NOT LIMITED TO ANY MEMBER CONDUCT, WHETHER ONLINE OR OFFLINE AND MEMBER CONTENT. YOUR DECISION TO USE THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.

       6.         Reservation Cancellation and Refund Policy

                      6.1.         Cancellation for force majeure events

    Any Reservations may be cancelled by either Guests or Hosts as a direct result of any force majeure events, including but not limited to any natural disasters, military activities, civil disorder, terrorist attacks, epidemics, travel bans, or other travel restrictions imposed by the government. All cancellations due to force majeure events shall be eligible for a full refund, less any payment processing charges.

                      6.2.         Cancellations and Refunds Policy

    Except where the Host has expressly specified its own cancellation and refund policy on the Listing, any cancellations of a Reservations will be governed by the provisions outlined hereunder:

     

                                    6.2.1.         Cancellations made at least seven days or more before the check-in

    Any cancellations made by Guests at least seven days or more before the check-in date will be eligible for a full refund of the Booking Fee, less any payment processing charges.

                                    6.2.2.         Cancellations made at least three days or more before the check-in

    If a Guest cancels a Reservation at least three days prior to the check-in date but less than seven days before the check-in date, the Guest will incur a cancellation fee of 50% of the total Booking Fee paid for such Reservation.

                                    6.2.3.         Cancellations made within three days of the check-in date

    Any cancellation made by a Guest within three days of the check-in date will result in forfeiture of the full Booking Fee paid by the Guest.

                                    6.2.4.         Any cancellations made by Hosts

    A Guest will qualify for a full refund of the Booking Fee less payment processing charges on any Reservations cancelled by a Host.

                                    6.2.5.         Please note that the number of days to the check-in date is calculated from midnight in the time zone where the accommodation is located. You are advised to ensure that Your cancellation is made before midnight in the time zone of the reserved accommodation.

                                    6.2.6.         Excessive Cancellation Penalty

    Members who have five or more cancellations within any twelve-month period may have their accounts suspended indefinitely. 

     

                                    6.2.7.         No Show Policy

    Any no-shows by the Guest will incur a cancellation fee equal to the Total Price of the Reservation. If a Guest is a no-show for the first night of the Reservation, the Host may cancel such Reservation unless the Parties expressly agree otherwise. The Guest will not be eligible for any refunds in the case of a no-show.

                      6.3.         Reservation Cancellation Procedure

    A Guest who is eligible for cancellation and refund under the applicable Reservation Cancellation and Refund Policy can initiate a cancellation request by contacting the Host from within the Platform and requesting cancellation of such Reservation. Once the Reservation is cancelled, the Platform will initiate the Refund of the Booking Fee in accordance with the Refund Policy (as applicable). All refunds are processed in accordance with our Refund Policy.

     

                      6.4.         Refund Policy

    If Your cancellation is eligible for a refund, we will transfer the refundable amount back to the original payment method that was used to pay the Booking Fee. All such refunds should reach Your payment card within two weeks from the date we process the refund. You understand and accept that any payment processing charges incurred for Your Reservation will be deducted from Your refund amount. If You paid for Your Reservation in a currency other than US$, the refund amount might be impacted by exchange rate fluctuations and conversion.

     

       7.         Payment Disputes

                      7.1.         Suspicious account activity

    The Company reserves the right at its sole discretion to cancel a payment if it appears fraudulent and to take appropriate actions, including but not limited to notifying the cardholder and relevant authorities.

                      7.2.         Chargebacks

    As a Member, You understand and accept that disputing any Booking Fees or Subscription fees (as applicable) or requesting Your payment processor to reverse the transaction (“chargeback”) constitutes a material breach of this Agreement. We reserve the right to terminate any Member accounts that initiate a chargeback and ban them from the Platform. We also reserve the right to dispute any chargeback on Your account at our sole discretion.

       8.         Member Content

                      8.1.         All content that is submitted, posted, or uploaded on or through the Platform by Members, including but not limited to Member Profiles, Listings, Messages, Ratings, and Reviews, forms part of the Member content (“Member Content”). Member Content may contain text, images, graphics, audio, and video content. Member Content does not include any content, material, resources, software code, and the like that is created or owned by the Company. Excluding the license You grant the Company under Section 8.3 below, You retain all ownership rights to Your Member Content.

                      8.2.         By uploading, posting, or submitting Your Member Content on or through the Platform, You represent and warrant that You are the owner of all Your Member Content, or You have all rights, licenses, consents, and authority required to upload, post, submit, transmit, display or perform Your Member Content on the Platform and grant the rights granted in Section 8.3 below. You further represent and warrant that Your Member Content: (1) does not infringe or violate any third party’s intellectual property, proprietary, privacy, or publicity rights, and/or (2) does not contain any content that may be defamatory to another person, or (3) does not violate any applicable laws or regulations.

                      8.3.         By posting, submitting, transmitting, or displaying, Your Member Content on the Platform, You grant the Company and its sub-licensees a worldwide, non-exclusive, irrevocable, perpetual, sub-licensable, transferable, royalty-free, fully-paid license to host, use, copy, publish, translate, publicly display, reproduce, perform, adapt, prepare derivative works from, distribute or modify, in whole or in part, Your Member Content, Your name or likeness, for the purposes of promoting and delivering our Services in any format and media now known or developed in the future without any compensation to You. You hereby waive all moral rights in Your Member Content. You understand and accept that any Member Content visible on Your public profile, such as Your name, Your Listings, and the communication You have with other users, is deemed non-confidential and may be visible to the Platform users or other intended recipients.

                      8.4.         Although we take all reasonable steps to ensure the security of Your data on the Platform, including but not limited to performing routine backups of all Member Content, You shall be solely responsible for maintaining backups of all Your Member Content that You wish to access at any time in the present or future. You acknowledge and agree that the Company shall not have any liability for the loss or destruction of Your Member Content, and You hereby release the Company from all liability arising from or associated with any loss, destruction or misuse of Your Member Content.

                      8.5.         The Company reserves the right to pre-screen, monitor, edit, remove or verify any Member Content on the Platform, but we are not under any legal obligation to do so. Our failure to exercise our rights does not result in a waiver of such rights. The Company will not be responsible for errors, omissions, or inaccuracies in any Member Content on the Platform. Your decision to post, transmit, or display Your Member Content on the Platform is entirely at Your own risk, and You hereby release the Company from all liability arising out of or associated with Your use of any Member Content.   

       9.         Intellectual Property

                      9.1.         All content, resources, and materials provided by the Company through the Platform, including but not limited to any text, graphics, logos, trademarks, audio, video, interactive features, software, and the like (hereinafter “Company Content”), are either owned by or licensed to the Company by its third-party licensors. All Company Content is subject to trademark, copyright, and other applicable intellectual property laws and international conventions.

     

                      9.2.         The Company grants You a revocable, non-exclusive, non-sublicensable, limited license to access and use the Platform for Your personal use subject to the provisions of this Agreement. The Company reserves all rights that are not expressly granted herein. Nothing in this Agreement shall be construed as a sale of any Company Content to You. You acknowledge and agree that any use or exploitation of the Company Content in violation of this provision may cause us or our licensors irreparable injury. The Company and its licensors may seek remedy for breach of this provision either in equity or through injunctive or other equitable relief.

     

                      9.3.         Trademarks

    ‘Back to Nature Portal’, its logos and its marks are the Company’s trademarks. Any use of the Company’s trademarks for products or services that are not owned or operated by the Company is expressly prohibited. Any third party’s trademarks or service marks on the Platform are the property of their respective owners, and You may not use such proprietary marks without the owner’s express authorisation.

    10.         Copyright Infringement Notices

    If Your copyrighted content is posted on the Platform without Your authorisation, please send Your DMCA notice to our designated agent with the following information:

          Identification of the content that is claimed to be infringing Your copyrighted works;

          Link to the page where such content appears;

          Your contact information, including Your name, phone number, and email address;

          A written and signed statement by You that:

          The information provided by You in the notice is accurate; and

          Under penalty of perjury, You have the relevant rights and authority to communicate with us regarding the copyright infringement.

    The aforementioned information should be sent to info@backtonatureholidays.com.

    11.         Prohibited Activities

    You shall not engage in any prohibited activities outlined below. You specifically agree not to:

                   11.1.         Create multiple accounts as a Guest or Host on the Platform;

                   11.2.         Impersonate another person or entity on the Platform;

                   11.3.         Sell, rent or otherwise transfer Your account to another person or authorise any other person to use Your account;

                   11.4.         Use the Platform for any unlawful or unauthorised purposes;

                   11.5.         Create Listings with misleading titles;

                   11.6.         Create duplicate Listings; 

                   11.7.         Make any disparaging comments about the Company or another Member;

                   11.8.         Disintermediate the Company by encouraging other Members to make Reservations outside the Platform;

                   11.9.         Make use of the Platform to create a competitive product/service;

                11.10.         Access the Platform through means other than the interface provided by the Company;

     

                11.11.         Post any content that violates Your confidentiality obligations violates any third-party’s rights, including but not limited to privacy or publicity rights;

                11.12.         Post any unsolicited advertisements, “spam,” or other similar content through the Platform;

                11.13.         Post any content on a third-party website that misrepresents that such content is endorsed or sponsored by the Company;

     

                11.14.         Post, upload, share or in any other way distribute any content that may be deemed defamatory, libellous, threatening, or harassing;

                11.15.         Post any intentionally misleading Member Content;

                11.16.         Post, upload, or share any content that may be deemed generally obscene, pornographic, sexually explicit, or contain any material, that we may, in our sole discretion, deem inappropriate;

                11.17.         Post or share any content that is demeaning to any group on the basis of race, disability, age, sexual orientation, or gender identity;

     

                11.18.         Post or share any content that may be deemed violent, in any way illegal;

     

                11.19.         Take any action that interferes with or disrupts the operation of the Platform;

     

                11.20.         Assess the vulnerability of the Platform by scanning, probing, or testing through any other means;

     

                11.21.         Breach or circumvent any security measures used by the Company to protect the Platform;

                11.22.         Harass or threaten any Company employees, agents or affiliates,  or any other Member;

                11.23.         Sell, rent or otherwise use the personal data of any other Member for any purposes other than to exercise Your rights and obligations under this Agreement;

                11.24.         Cause harm to or subvert the Platform’s function by introducing any harmful computer programming routines or viruses, trojan horses, time bombs, or cancelbots that may damage, modify, delete or interfere with any system, data, or information stored on our servers.

    If we discover that You have violated any of the aforementioned terms, we reserve the right to block Your account and take any appropriate legal action to ensure the safety of our Platform and Members.

    12.         Account Registration and Security

                   12.1.         All Platform users (Guests and Hosts) are required to sign-up for an account on the Platform. At the time of account registration, You will be required to select whether You wish to use the Service as a Guest (‘book accommodation’) or as a Host (‘rent my property’). Both user types will be required to provide us with a username and a valid email address, as well as select a user account password. Please note that Guests can sign-up and use the Platform for free, but if You sign-up for an account as a Host, You will be required to select one of the offered subscription plans during Your account registration and provide some additional personal information as requested by the Company.

                   12.2.         You are obligated to provide us with only correct, current and complete information when requested by the Company. We reserve the right, but we are not under any legal obligation, to verify any Member’s identity and conduct any background checks, including searching any public records of criminal convictions as part of our verification process. We neither represent nor warrant that all Member verification outcomes are accurate, error-free, or up-to-date, and Your decision to use the Platform is entirely at Your own risk. The Company will process all personal information in accordance with the  Privacy Policy published on the Platform.

                   12.3.         The Company issues all accounts at its sole discretion. The Company reserves the right to refuse to accept any username if the username is deemed inappropriate by the Company or decline the email address used for registration if that email address is already registered by another user.

                   12.4.         You also grant us the right to share Your personal information with other users and third parties in accordance with the provisions of this Agreement. In the event of any change in Your information, You accept full responsibility for  updating Your information by accessing Your user account. The Company reserves the right to terminate Your user account or restrict Your access to our Service if we suspect that You have provided us with fraudulent or incomplete information. Please carefully review our Privacy Policy prior to creating an account, and do not submit any personal information if You do not agree with our Privacy Practices.

                   12.5.         You understand and accept that You are solely responsible and liable for any activity that occurs on Your user account. You agree that You shall be solely responsible for maintaining the confidentiality of Your account login credentials. If You become aware of any suspicious activity on Your account or if You have a reason to believe that there has been a security breach, please immediately contact us at info@backtonatureholidays.com. You hereby release the Company and its employees from all liability arising out of or associated with the use of Your account login credentials with or without Your authorisation.

                   12.6.         Please note that the use of our Service requires access to the internet, and the Company will not be responsible for any data connectivity charges incurred by You during this Agreement. All such charges are solely Your responsibility.

    13.         Account Termination

    This Agreement will commence on the date You sign-up for an account and remain effective until terminated by You or the Company.

                   13.1.         Termination by Member

    You may terminate this agreement at any time by deleting Your account. To delete Your account, please contact us at info@backtonatureholidays.com with the words ‘account termination’ in the subject line.

     

                   13.2.         Termination by the Company

                                13.2.1.         Termination without cause

    The Company may terminate Your user account or restrict/suspend Your access to the Platform at its sole discretion and without providing any reason by giving a 30 calendar day notice to You.

                                13.2.2.         Termination with cause

    The Company may terminate this Agreement with immediate effect and without any prior notice if:

    a)    You are in breach of this Agreement;

    b)    You violate any applicable law;

    c)     It is required to protect the Company or its Members.

                   13.3.         Consequences of Termination

                                13.3.1.         Once Your account has been terminated, You will not be able to reactivate/restore Your account at a later stage, and You will lose all data associated with Your account. 

                                13.3.2.         If You were using the Platform as a Guest and You had any Reservations at the time of Your account termination, all such Reservations will be cancelled, and such cancellations will be governed by the cancellation and refunds policy applicable to Your Reservation.

                                13.3.3.         If You are using the Platform as a Host at the time of Your account termination, all Reservations for Your Listings will be cancelled automatically, and the full Booking Fee will be refunded to the Guests.

                                13.3.4.         If Your account has been terminated by the Company under Section 13.2.2 above, You understand that You are strictly prohibited from:

                                              13.3.4.1.         Creating a new account;

                                              13.3.4.2.         Accessing the Platform through another Member’s account; and

                                              13.3.4.3.         Accessing the Platform through any other unauthorised mechanism.

                   13.4.         Survival

    All provisions of this Agreement that by their nature are intended to survive the termination of this Agreement shall survive.

    14.         Coupon Codes

    The Company may, in its sole discretion, create and offer coupon codes that can only be used towards making Bookings or purchasing Subscriptions on the Platform. You understand and accept that the Company uses coupon codes to increase its marketing reach, and therefore, coupon codes may only be used once per Member. Please note that additional terms and conditions may apply to the use of coupon codes, and by using a coupon code, You agree to be bound by those additional terms and conditions. Coupon codes may expire and may not be redeemed for cash.

    15.         Information Disclaimer

    ALTHOUGH WE TAKE ALL REASONABLE MEASURES TO ENSURE THAT THE   INFORMATION MADE AVAILABLE THROUGH THE PLATFORM IS CORRECT, CURRENT AND COMPLETE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY, COMPLETENESS AND CURRENCY OF ANY INFORMATION.

    YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM CONTAINS A VAST AMOUNT OF INFORMATION, AND ERRORS, OMISSIONS AND INACCURACIES  ARE POSSIBLE. THE COMPANY WILL NOT BE HELD LIABLE FOR ANY ERROR, OMISSION OR INACCURACY IN ANY INFORMATION ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES AND OMISSIONS IN MEMBER CONTENT. PLEASE NOTE THAT THE COMPANY MAY, AT ITS SOLE DISCRETION, AMEND ANY INFORMATION ON THE PLATFORM AT ANY TIME AND WITHOUT PROVIDING ANY NOTICE TO OUR USERS.

    16.         Electronic Communication

    When You sign-up for an account, You enter into this Agreement electronically. You understand and agree that all communication between You and the Company is through electronic means.

     

    For the purposes of this Agreement, You expressly consent to receive communications from the Company electronically. Furthermore, You agree that all notices, disclosures, and other communications that the Company provides You electronically will meet any legal requirement that such communication should be in writing.

    17.         Feedback

    We welcome Your feedback and any suggestions for improvements. Although we love to receive feedback and suggestions, we want to avoid all misunderstandings as to the nature of this communication. When You send Your feedback or suggestions to us, You understand that You are granting us a fully-paid and exclusive, irrevocable, perpetual, and worldwide license to use or share Your submission as we deem fit and without any restriction or compensation to You, either now or ever in the future. You understand and accept that the Company has the right to use Your feedback or suggestion in any manner and for any purpose we deem fit, but we are not under any obligation to do so. Your feedback and suggestions are deemed non-confidential in nature.

    18.         Amendments

    We reserve the right to amend this Agreement to comply with any applicable laws, to reflect any changes in our business practices, or for any other reasons at our discretion. If we make any amendments to this Agreement, we will notify You by updating the last modified date on the top. Unless expressly specified otherwise in any provision of this Agreement, any amendments shall be effective from the date such amended version is published on the Platform. The latest version of this Agreement shall supersede all previous versions. Please take the time to review this Agreement regularly to familiarise Yourself with any material changes.

    We also reserve the right to introduce new features and functionality, remove or modify any existing features, as well as the right to discontinue the Platform at our sole discretion. By continuing to use the Service after the amended Agreement is published, You agree to be bound by such updated Agreement.

     

    19.         Disclaimer of Warranties

    The Platform is provided to You on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, express or implied.

    To the maximum extent permitted by applicable law, the Company disclaims all warranties as to the performance, safety, legality, quality, conduct, or existence of any Member or Listing on the Platform. The Company does not offer any warranties that the Platform will (1) meet Your requirements; (2) will be uninterrupted, error-free, and secure; (3) will be accurate, reliable, complete, or safe; or (4) any defects or errors will be corrected.

    In no event shall the Company be responsible for any loss or damage, including personal injury or death, resulting from the use of the Platform, any content available through the Platform, or any Member conduct, whether online or offline.

    Some jurisdictions may grant Members statutory rights or warranties which cannot be disclaimed by the above provisions; if You are in such jurisdiction, the above provision may not apply to You.

    20.         Limitation of Liability

    To the maximum extent permitted by applicable law, neither the Company nor its employees, contractors, agents, or other officers (‘the Company and its officers’) shall be liable to You for any special, incidental, exemplary, or consequential damages or losses of any kind, including but not limited to any loss of profit, loss of opportunity, loss of goodwill, loss of data, service interruption, system failure, cost of acquiring substitute services, or any other similar losses or damages arising out of or related to (i) the use or inability to use the Platform, (ii) any Member Content on the Platform, (iii) any interaction between Members, or a third party as a direct or indirect result of the use of the Platform (iv) provision of accommodation, (v) any provision of this Agreement whether based on warranty, contract, tort, equity or any other legal theory, even if the Company was advised of the possibility thereof.

    Except for the Company’s obligation to remit any amounts accrued to a Host or any refunds payable to a Guest in accordance with the provisions of this Agreement, in no event will the Company’s aggregate liability to You or any other party for any claim or action arising out of or related to the use of the Platform or inability to use the Platform, Your interaction with any other Member, or any provision of this Agreement shall exceed: (1) For Guests: Booking Fee You paid for the Reservation that gave rise to the claim/action; or (2) For Hosts: the amount You paid for Your subscription in the three months preceding the event that gave rise to the claim/action or (3) For any third-party: Fifty U.S. Dollars($50).

    SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    21.         Indemnification

                   21.1.         You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, and subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

                                21.1.1.         Your breach of this Agreement;

                                21.1.2.         Your interactions with other Members;

                                21.1.3.         Your stay at an accommodation booked through the platform;

                                21.1.4.         A Listing and provision of accommodation to Guests and any damages/losses associated with the provision of services;

                                21.1.5.         Your violation of applicable law; or

                                21.1.6.         Your Member Content.

                   21.2.         The Company reserves the right to assume the exclusive defence of any matter otherwise subject to indemnification. You agree that You will not settle any claim without the express written consent of the Company.

    22.         Governing Law and Jurisdiction

    This Agreement shall be governed by and construed in accordance with the federal laws of the United Arab Emirates. Both the User and the Company submit to the exclusive jurisdiction of Dubai Courts to rule upon any claims and disputes arising from or associated with this Agreement.

    23.         Assignment

    You may not assign any rights and obligations under this Agreement, in whole or in part, without an authorised Company representative’s written consent. Any attempt to assign any rights and obligations without the Company’s consent shall be void. The Company reserves the right to assign any of its rights and obligations under this Agreement to a third party without requiring Your consent. Please note that such a third party will be bound by the same rights and obligations as outlined in this Agreement (as amended from time to time).

     

    24.         Class Action Waiver

    To the maximum extent permitted by law, You and the Company agree to bring any actions, claims, or disputes on an individual basis only, and You will not consolidate or seek class treatment or collective action for any claim. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST THE COMPANY.

    25.         Contact us

    For any queries or requests, You can write to us at:

    Back to Nature Portal

    Marina Plaza, Level 29,

    Al Marsa Street,

    Dubai,

    United Arab Emirates

    Email Address: info@backtonatureholidays.com

    26.         Force Majeure

    Neither the Company nor any Member shall be liable for the failure to perform any of its obligations under this Agreement if such failure is caused by reasons beyond its control, including but not limited to war, epidemic, insurrection, terrorist activities, government sanction, embargo, labour dispute, strike, or any interruption or any failure of electricity or server, system, computer, internet or telephone service.