https://dtravel.com (“Platform”) is managed and operated by , (“us”, “we”, “our”). These Terms and Conditions (the “Terms”) govern the legally binding relationship between you and us when you use the Platform. By using the Platform, you acknowledge that you understand these Terms, as well as our Privacy & Cookie Policy, and agree to be legally bound by them.
This Platform enables you to browse and reserve the listed Accommodations for short term rental (“Services”).
references to “you” or “your” means a user of this Platform or a Guest.
Guest means any individual or registered entity who reserves an Accommodation on this Platform and includes any visitor invited to be physically present at the Accommodation
Stay means the period on and between the check-in date and the check-out date of a Guest taking up lodging at an Accommodation reserved on this Platform.
Accommodation means any property owned or managed by us.
Force Majeure is defined herein to include, but is not limited to factual, technical, political, economic, meteorological circumstances, including but not limited to acts of God, natural disasters, epidemics, pandemics, public health emergencies, wars, terrorism, civil conflicts, protests, riots, blackouts, strikes, any governmental or regulatory action, outage or restrictions of supplies of goods or services, restrictive travel orders and recommendations, changes to visa or passport requirements, and other circumstances that cannot be reasonably foreseen or resolved
1.1 By using this Platform, you agree and warrant that you:
1.2 You must be at least 18 years of age (or the legal minimum age in countries where the legal minimum age is greater than 18) to use the Platform. By entering into this agreement, you confirm that you possess the legal authority and necessary minimum age to use the Platform in accordance with these Terms. We will not compensate you or anyone else for any expenses incurred as a result of minors using the Platform, including any reservations made by minors.
1.3 Unless otherwise indicated, we own, or license from third parties, all rights, title, and interest (including, without limitation, copyright, designs, patents, trademarks and other intellectual property rights) contained on the Platform and in all of the material (including, without limitation, all text, graphics, logos, audio and software) made available on the Platform (“Content”). Your use of the Platform and use of and access to any Content does not grant or transfer any rights, title, or interest to you in relation to the Platform or the Content. However, we do grant you a license to access the Platform and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorized by us and/or our third party licensors. All other use, copying, reproduction or redistribution of the Platform, the Content, or any part of the Platform or Content is prohibited, except to the extent permitted by law. In addition, you must not copy the Content to any other server, location or support for publication, reproduction, or distribution is expressly prohibited.
1.4 We will determine whether there has been a breach of these Terms through your use of the Platform. If a breach of this Policy has occurred, we may take such action as we deem appropriate, including denying you access to the Platform, bringing legal proceedings against you, or disclosing such information to law enforcement authorities as we deem appropriate.
1.5 Our Platform may contain links to other websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. We are not liable to you if interference with or damage to your computer systems occurs in connection with the use of the Platform or any linked website. You must take your own precautions to ensure that whatever you select for your use from our Platform is free of viruses or any other malware that may interfere with or damage the operations of your computer systems.
1.6 If we allow you to post any information to the Platform, we have the right to take down this information at our sole discretion and without notice.
1.7 By using the Platform, or by entering into correspondence with us through email, social media, telephone, or other communication tools, you agree that we may communicate with you through methods including, but not limited to, email, social media, messaging applications, telephone and in-app notifications. If you wish to unsubscribe from marketing emails, please reply to such marketing emails with the word ‘unsubscribe’ or email us at . Please note that, if you unsubscribe from our marketing emails, you will still receive non-marketing emails from us (including emails relating to any reservations that you place).
2.1 EXCEPT AS DESCRIBED IN THE PRECEDING ITEM ABOVE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE SERVICES THAT WE PROVIDE AND THEIR AVAILABILITY, SAFETY, OR RELIABILITY (EXCEPT IN RELATION TO NON-EXCLUDABLE OBLIGATIONS IN LAW).
3.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT DO WE NOR ANY OF OUR DIRECTORS, EMPLOYEES, AGENTS, OR RELATED BODIES CORPORATE ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DELAY, INCONVENIENCE, LOSS OF PROFITS, OR ADDITIONAL EXPENSE WHICH MAY BE SUFFERED DUE TO (WITHOUT LIMITATION) YOUR USE OF OR THE INABILITY TO USE OUR SERVICES, THIRD PARTY PROVIDERS, FORCE MAJEURE, OR EVENTS THAT WE CANNOT CONTROL OR WHICH COULD NOT HAVE BEEN PREVENTED BY REASONABLE DILIGENCE ON OUR PART.
3.2 IF IT IS DETERMINED THAT WE ARE LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF, OR IS CONNECTED TO, YOUR USE OF THE PLATFORM, OUR MAXIMUM LIABILITY UNDER THESE TERMS SHALL NOT EXCEED: (A) IN THE CASE OF GUESTS, THE TOTAL COST OF THE RESERVATIONS MADE BY THE GUEST ON THE DTRAVEL PLATFORM IN THE 1-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT RESULTING IN THE LIABILITY; (B) IN THE CASE OF ANY OTHER PARTY THAT IS NOT A GUEST, SUCH LIABILITY SHALL BE LIMITED TO US$100.00.
3.3 IN THE EVENT THAT THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT POSSIBLE, AS PERMITTED BY APPLICABLE LAW.
3.4 YOU (BEING A GUEST OR ANY OTHER FORM OF USER OF THE PLATFORM) AGREE TO FULLY INDEMNIFY US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND/OR AFFILIATES (INCLUDING OUR AFFILIATED, SUBSIDIARY AND/OR PARENT COMPANIES) FOR ANY AND ALL (WITHOUT LIMITATION) DAMAGES, COSTS, EXPENSES, LIABILITIES, FINES AND/OR PENALTIES, INCLUDING ATTORNEY FEES, WHICH ARISE AS A RESULT OF YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS SUPPLEMENTAL OR RELATED TO THE PLATFORM, YOUR VIOLATION OF ANY APPLICABLE LAW OR THE RIGHTS OF ANY THIRD PARTIES AND/OR ANY OTHER ACT OR OMISSION BY YOU WHICH IS IN RELATION TO THE SUBJECT MATTER OF THE TERMS HEREIN.
4.1 We and any of our related third parties make no representation about the suitability of the information, software, products and Services contained on the Platform for any purpose. All such information, software, products and Services are provided "as is" and without warranty of any kind.
4.2 You agree that, by using the Platform in any capacity, no joint venture, agency, partnership, or employment relationship exists between you and us.
4.3 By displaying Accommodation in international destinations on the Platform, we do not warrant that travel to such destinations is without risk. Accordingly, we will not be liable for any damages or losses that may be incurred by you as a result of you traveling to such destinations. You are strongly advised to check the relevant travel advisories issued by your country for any destination you are visiting and to take the necessary precautions.
4.4 The currency rates displayed on the Platform are not verified or guaranteed by us as being accurate and should be used as guidelines only. Rates are not guaranteed to be updated every day and actual rates may vary.
4.5 The maximum number of occupants in an Accommodation is as stated in each of our Accomodation’s booking policy. The stated maximum occupancy cannot be exceeded at any time (unless explicitly authorized by us), regardless of the duration of any additional occupants’ presence at an Accommodation. Parties and events which cause a disturbance are generally not allowed unless explicitly specified otherwise. For the avoidance of doubt, disturbance may arise out of any number of factors and may not necessarily require the maximum occupancy to be exceeded. For example, a disturbance may occur when a noise complaint is made, when violence or unruly behavior is observed, or when police or an equivalent authority becomes involved.
4.6 We reserve the right to blacklist users from the Platform on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Platform under any other name, wallet address or through any other user.
4.7 These Terms are subject to existing laws and legal processes that we are subject to in providing the Platform and all other aspects of these Terms. Nothing contained in these Terms limits our right to comply with law enforcement, governmental or legal requests, or requirements relating to your use of the Platform. To the maximum extent permitted by applicable law, you agree to bring any claim or cause of action arising from or relating to your access or use of the Platform within two (2) years from the date on which such claim or action arose or accrued, or such claim or cause of action will be irrevocably waived.
4.8 These Terms, including any other relevant terms and conditions or policies referenced herein, constitute the entire agreement between you and us with respect to the Platform. These Terms supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us with respect to the Platform.
4.9 If any provision of these Terms is deemed invalid or unenforceable, the provision will be enforceable to the maximum extent permissible and the remaining provisions will remain in full force and effect. Any invalid or ineffective provision shall be replaced with a new, valid and effective one which corresponds to the intent and purpose of the provision that is being replaced.
4.10 These Terms may be amended at any stage without notice at our sole discretion and will be effective immediately upon their publication on the Platform. By continuing to use the Platform, you agree to the changes set out in these Terms. If you do not agree to any modification to these Terms, you should cease using the Platform immediately. We encourage you to review these Terms often to stay up to date with the current terms and conditions that apply to your use of the Platform.
4.11 The information and personal data that you provide when placing a reservation is processed in accordance with our Privacy Policy, which forms an inseparable part of these Terms. By accepting these Terms, you confirm that you have read and understood our Privacy Policy.
4.12 Our contractual obligations to you under these Terms may be hindered, delayed, or prevented due to reasons of Force Majeure. In instances of Force Majeure, we are exempt from any derived legal responsibilities arising from such deficiencies or non-compliances.
4.13 These Terms, the legal relations established under these Terms, and all disputes arising out of or in connection with these Terms, are governed by the laws of the country where we are based, or, in the event an Accommodation offered by us is reserved by a Guest, the laws of the country where the Accommodation is situated shall apply instead (in the event different from where we are based).
4.14 In the event of a dispute arising out of or in connection to these Terms, you agree to notify us in writing of such dispute prior to initiating a claim in a court, tribunal or through arbitration and attempt in good faith to negotiate an informal resolution to the dispute. In the event that such dispute is not successfully resolved within ninety (90) days from the date of notification of dispute to us, without ousting the jurisdiction of a court or tribunal of competent jurisdiction, Any dispute arising out of or in connection with these Terms may be resolved by binding arbitration at an arbitration venue reasonably practical for both parties.
5.1 You may reserve an Accommodation as a Guest by paying the price specified on each Accommodation listed for your relevant Stay duration and dates, including any fees (the “Reservation Price”).
5.2 By making a reservation, you represent and warrant that:
5.3 You acknowledge that a reservation permits you to lodge at an Accommodation for the duration of a Stay and agree to abide by the terms specific to the Accommodation, including to not exceed the maximum number of Guests and to follow any rules and/or restrictions set by us. During a Stay, we reserve the right to enter the Accommodation if it is reasonably necessary and permissible under applicable law.
5.4 You acknowledge that any payments of the Reservation Price that you make are facilitated by third-party blockchain systems (in the case of cryptocurrency payments) or third-party payment processors (in the case of fiat currency payments). You also acknowledge that the payment of any cryptocurrency network fees or credit card surcharges are your sole responsibility. You shall be bound by the terms and conditions set by the specific blockchain systems or third-party payment processors facilitating the transaction.
5.5 Subject to clause 3.5 of these Terms, you shall be solely liable to us for any damage or loss you cause in the Accommodation during a Stay.
6.1 When you cancel a reservation prior to check-in, our displayed cancellation policy will determine whether you are entitled to receive a refund and, if so, the amount of the Reservation Price refundable to you shall be subject to our cancellation policy.
6.2 Where you cancel or are otherwise unable to attend a reservation due to a Force Majeure event, you may be entitled to receive a partial or full refund of your Reservation Price as determined by us on a case-by-case basis at our sole discretion. Where we cancel a reservation, you may be entitled to receive a full refund of your Reservation Prices.
6.3 Where you request to make changes to a reservation, you acknowledge that the fulfillment of such changes is at our sole discretion and we reserve the right to charge an additional fee to fulfill such changes.