Terms of Service

       Last updated: December 21st, 2019

       IMPORTANT NOTICE:

1. Please make sure to carefully read these Terms of Service for the DIWERENT Platform as they contain important information about your legal rights, remedies, obligations and responsibilities. These Terms of Service constitute a legally binding agreement between you and Orange Sequoia Pte. Ltd., a company registered in Singapore (registration number 201701456M) with registered address at: 176 Joo Chiat Road #02-02, Singapore, 427447 (“DIWERENT”), governing your access to and use of the DIWERENT website as specified further, including any subdomains thereof, as well as any mobile, tablet and other applications for either operating system and everything associated with services provided by DIWERENT (collectively further referred to as the “DIWERENT Platform” or the "Platform"). By accessing or using the DIWERENT Platform or any part thereof, you agree to comply with, and be subject to these Terms of Service.

2. These Terms of Service apply to both Guests and Hosts.

3. These Terms of Service may at any time be revised and modified by DIWERENT at its own discretion and in compliance with applicable laws. Updated versions of the Terms of Service will be made known to the public through this page of DIWERENT’s website. When interacting with DIWERENT, you are bound by these Terms of Service, so please make sure to visit this page from time to time to view the most current version of the Terms of Service. No changes to these Terms of Service may be made except by DIWERENT effecting a revised posting on this website.

4. These Terms of Service constitute the entire agreement between Hosts and DIWERENT with respect to the use of the Platform. Any changes to these Terms of Service, other than those made by DIWERENT from time to time on this page, can be made through signing a mutually binding written agreement between you and DIWERENT.

5. You must be, to the fullest extent, able to enter into legally binding contracts, and at least 18 years old in order to register with this Platform and use it.

6. www.diwerent.com is operated by Orange Sequoia Pte. Ltd (referred to as the “Company”, or “Orange Sequoia”, or “DIWERENT”, or “our”, or “We” interchangeably unless the context otherwise requires). The DIWERENT trademark, the DIWERENT logo, and the www.diwerent.com website are the property of Orange Sequoia Pte Ltd.

        Guests to Note:

1. These Terms of Service govern the relationship between DIWERENT and Guests (the “Guest Ts&Cs”) along with DIWERENT’s Privacy Policy which can be found here.  For the purpose of these Terms of Service, a reference to “Guests” shall mean any individuals using or accessing the DIWERENT Platform including any of its contents or services as an actual or potential Guest. Potential Guests shall refer to those visitors who use this Platform to seek or access information about renting vacation properties. “Guests” shall not include any individuals acting in their capacity as property owners or property managers. Any individual acting both as a Guest and as property owner or property manager should abide by the rules for both Guests and Hosts.

2. The Guest Ts&Cs constitute a legally binding agreement between DIWERENT and the Guest. Your use of or access to the DIWERENT Platform means your acknowledgement of being subject to DIWERENT’s Guest Ts&Cs and Privacy Policies as well as your complete agreement with them. You cannot use the DIWERENT Platform if you do not fully accept the Guest Ts&Cs and the Privacy Policy.

3. If you wish to list your property on the Platform, you will be required to agree to separate listing terms and conditions (i.e.; the Host Ts&Cs).

       Host to Note:

1. These Terms of Service govern the relationship between DIWERENT and Hosts (the “Host Ts&Cs”) along with DIWERENT’s Privacy Policy which can be found here. For the purpose of these Terms of Service, a reference to “Hosts” shall mean any individuals using or accessing the DIWERENT Platform including any of its contents or services as an actual or potential Host to offer of list any property for rent. Potential Hosts shall refer to those visitors who use this Platform to seek or access information about offering vacation properties. Hosts shall include both property owners and property managers regardless of whether they are individuals or legal entities.  

2. The Host Ts&Cs constitute a legally binding agreement between DIWERENT and the Host. Your use of or access to the DIWERENT Platform means your acknowledgement of being subject to DIWERENT’s Host Ts&Cs and Privacy Policies as well as your complete agreement with them. You cannot use the DIWERENT Platform if you do not fully accept the Host Ts&Cs and the Privacy Policy.

3. Where the Host is a legal entity of any form, including partnerships of any kind, a natural person who uses the DIWERENT Platform, and/or agrees to the Host Ts&Cs on behalf of such legal entity represents and confirms that he or she has the authority to legally bind such entity to these Host Ts&Cs.

4. Hosts who violate the Host Ts&Cs may have their access and use of the Platform suspended and their property listings removed from the Platform at DIWERENT’s sole discretion.

5. These Terms of Service constitute the entire agreement between DIWERENT and a Host and supersede all prior understandings. If any competent court declares any provision of the Host Ts&Cs invalid, illegal or unenforceable, it, however, shall not affect the validity, legality and enforceability of any other remaining provisions of the Host Ts&Cs, which shall remain in full force and effect.

6. DIWERENT’s failure to enforce any term of the Host Ts&Cs shall not be deemed as a waiver of such term or otherwise affect DIWERENT’s ability to enforce such term at any point in the future. 

The Fundamentals

1. The Platform provides and facilitates the possibility for Hosts and Guests to interact, arrange for and book vacation property and to enter into rental agreements or other transactions directly with each other. As such, DIWERENT is not, and does not become, party to any contractual relationship between the Guest and the Host.

2. DIWERENT may assist in mediating disputes between Guests and Hosts, but is under no obligation to do so. This is true even if the Platform facilitates booking a property or the use of other tools, services or products, as DIWERENT is not a party to any rental or other agreement between Guests and Hosts.

3. DIWERENT is not and does not act in a capacity of an owner or operator of any kind of properties, including hotels, motels, villas, condos, home-stays, lodgings, etc. DIWERENT does not sell, resell, build, furnish, provide, rent, lease, license, operate, manage or control properties of any kind. DIWERENT does not serve as an agent for providers or users of properties of any kind nor for any related service users or providers.

4. DIWERENT does not function to disclose the identity of Guests and Hosts to one another. It is the sole responsibility of Guests and Hosts to identify Hosts or Guests respectively chosen and contacted by means provided by the DIWERENT Platform or connected services. DIWERENT does not endorse any particular Guests or Hosts throughout its Platform. DIWERENT does not provide any representations, warranties or confirmations regarding reputation, conduct, morality, mental or physical health, criminal or any other background of any users of DIWERENT Platform. DIWERENT does not verify any information submitted or communicated by such users to any Guests or Hosts except as expressly stated in these Terms of Service.

5. DIWERENT, through its agents or third parties, verifies the compliance of the Host’s description of his property at the time, and only at the time, when the Listing is posted on the Platform.

6. DIWERENT is not responsible for anything which was not brought to the attention of its agents/representatives when checking the real estate object nor is DIWERENT responsible for changes and updates made to the real estate object after inspection by DIWERENT’s agent. DIWERENT cannot give recommendations or dictate terms to the owners on the features or other description of their real estate. DIWERENT is not responsible for any repair work.

7. In addition, DIWERENT checks the compatibility of photographs submitted to the Platform by the Host at the time when it undertakes an onsite inspection of the relevant vacation property. DIWERENT does not bear any responsibility if, at the time of the Guest’s arrival at the vacation property, either the Host’s description or the Host’s photographs no longer corresponds to the property's condition at that time.

8. Platform users are solely responsible for their interactions with other users of the DIWERENT Platform. DIWERENT shall not be liable or responsible for, without limitation, any harm, damages, losses, including loss of profit, or any other negative effects suffered by any Platform users resulting from interactions with other Platform users.

9. DIWERENT may at its own discretion, but is not obliged to, monitor interactions between users of the Platform and take any action it finds appropriate to delete or restrict access to any material or any part thereof that DIWERENT or another user of the Platform may consider insulting, obscene, lascivious, violent, harassing, fraudulent or otherwise inappropriate.

10. By using the DIWERENT Platform you agree not to seek any legal remedy from or against DIWERENT and not to bring any claim, action or proceedings against, or hold DIWERENT or any of its officers, directors or employees liable, in connection with suffering losses, damages or harm of any kind resulting from any actions or omissions of the DIWERENT Platform users. In addition, you expressly agree to release DIWERENT from all and any claims, demands and/or damages, whether actual or potential/ consequential (loss of profits, loss of reputation, etc.) as well as from any kinds of relief, compensation and/or remedy arising from or in connection with or resulting from your use of the Platform including, without limitation, making use of any services provided by or in connection with the Platform, making any arrangements through the Platform and/or any of its services, communicating with other users, whether registered as Hosts or Guests, or not, as well as your personal experience received while acting in the capacity of a Guest or a Host.

11. DIWERENT reserves the right to cease operating the Platform or any part thereof at any time at its own discretion both for a term deemed appropriate by DIWERENT. DIWERENT can also limit access to the Platform, certain services or functions in order to maintain legal compliance, security or integrity of DIWERENT and the Platform. This may also be connected with technical maintenance, modification, updates or improvement of the Platform. In any event, DIWERENT shall not be in any way liable to any of its users for inability to use the platform or any of its parts or services. By using the Platform you agree not to seek any legal remedy from DIWERENT and not to bring any claim, action or proceedings against, or hold DIWERENT or any of its officers, directors or employees liable, in connection with suffering losses, damages or harm of any kind resulting from you not being able to make use of the DIWERENT Platform.

12. The DIWERENT Platform may offer its users certain third-party services, generally by placing direct links to such third-party websites or resources (the "Third-Party Services"). Please note that such Third-Party Services may be governed by terms and conditions different from those applied by DIWERENT, and any person intending to use such Third-Party Services must be acquainted with their terms, conditions and policies and adhere to them. DIWERENT does not provide or control any services provided by such third parties and does not have influence over content, accuracy, quality or availability of such services. Links to the Third-Party Services do not necessarily mean that DIWERENT recommends or endorses any particular Third-Party Services.  

13. DIWERENT may show you listings and other member content in order to promote the Platform. It is possible that part of such listings or content will be translated to languages other than English in order to make it understandable by Members who speak languages other than English. Some of those translations can be done by means of machine translation (for example, by Google), while others can be translated by other Members or professional translators. As to Google-made translations, please note that Google does disclaim all warranties relating to these translations, expressed or implied, including any warranties of accuracy and correctness, and any implied warranties of merchantability or fitness for any purpose and non-infringement. Similarly, DIWERENT cannot warrant the accuracy or correctness of such translations and shall not be liable for any incorrect interpretations.

14. Some of the DIWERENT services function with the use of Google Maps / Earth mapping services, including the Google Maps API. The use of Google Maps / Earth is subject to the Additional Google Maps / Google Earth Terms of Service.

Registration and establishing an Account

15. Member Account

15. 1. The use of services offered by the DIWERENT Platform requires you to register yourself as a Member by creating an account with the Platform (“Account”). Please note that you must be able to enter into legally binding contracts and be at least 18 years old to register with DIWERENT.

15. 2. Anyone who wishes to register an Account must follow instructions given by DIWERENT in the course of the registration process. You can sign up as a Member using your personal email address or Facebook login credentials by using the Facebook login button on the registration screen. Please note that your personal information shared with us by Facebook will be used to create and pre-fill your Account page.

15. 3. You are not allowed to create more than one Account with DIWERENT.

15. 4. It is your responsibility to provide accurate, full and complete information during the Account Creation Process and to keep it updated at all times. Multiple Accounts run by one person as well as Accounts containing inaccurate or false information can always be terminated by DIWERENT at its discretion.

15. 5. All your personal information shared with us will be subject to protection by DIWERENT and will only be shared with Hosts, Guests and service providers to the minimal extent required in order to process your bookings or to provide the services you ordered. It may also be disclosed to competent authorities when required by applicable laws.

15. 6. Platform users can deactivate their Accounts or delink their Accounts from social networks through the Account settings. Account deactivation is impossible, however, when a user, whether Host or Guest, has a confirmed booking or a booking where confirmation is pending. Members registered as Hosts also cannot deactivate their Accounts when they have a listing posted on the Platform. Please note that even upon deactivation of your Account some of your personal data can be still retained by DIWERENT under the terms of DIWERENT’s Privacy Policy. It is also possible that some data relating to transactions with DIWERENT will be transmitted to other websites or services and will be stored there according to policies applied by the administrators of those websites.

15. 7. DIWERENT also uses the Google Analytics service to gather statistics on Platform usage. More details about this can be found in the Privacy Policy and in Google’s own privacy policy. Please note that Google may aggregate data they collect from their various services such as Google Analytics, Google Maps, YouTube and other services. By using the DIWERENT Platform you acknowledge, consent and accept that DIWERENT has no control over Google’s data collection and that any personal data provided to DIWERENT by you will be also subject to Google Analytics processes.

15. 8. Members are solely responsible for keeping their Account login details safe and unknown to third parties. This also includes using unique passwords, not used for any other websites or e-mails. Please note that DIWERENT will never ask Members to disclose their passwords. All Members must report any breach or suspected breach of their Account’s safety to Diwerent by email to support@diwerent.com and change their password immediately.

16.  Host registration.

16. 1. By using the DIWERENT Platform Hosts can place advertisements for specific properties (“Listings”). Listings are placed without any initial fee, but Hosts will be charged a certain percentage from the sums of rent paid to them by Guests from every booking made using the Platform services (Service fees as shown in paragraph 36.1 hereof).

16. 2. To start working with DIWERENT, the Host must complete and submit the prescribed form regarding his or her property.

16. 3. It is the Host’s responsibility to provide only accurate and up-to-date information in each listing (including the description and rates). Hosts are not allowed to offer or demand that Guests make bookings on conditions different from those set out in the listing.

16. 4. After DIWERENT receives and considers a proposal, a representative of DIWERENT will contact the Host with regard to verifying the compliance of the listed property with its stated description. The Host must agree to provide access, within a reasonable time of contact, to the Host’s property for inspection by a representative of DIWERENT.

16. 5. DIWERENT reserves the right to refuse inspection of the property and continuance with negotiations with the Host for any reason without explanation.

16. 6. After inspection of the property DIWERENT has the right to refuse to place the Listing on its Platform without explanation. The Host acknowledges and agrees that DIWERENT has the right to store all information about him/her and his/her property regardless of whether his or her Listing has been published.

16. 7. The Host acknowledges and agrees that he/she cannot make or bring any claim, action or proceedings against DIWERENT, nor hold DIWERENT liable or responsible if denied or refused placement of his/her property on the Platform.

16. 8. The Host acknowledges and agrees to transfer to DIWERENT copies of all relevant documents confirming his/her right to lease out the property, as well as his/her passport details.  

16. 9. If DIWERENT decides to post a Host’s property on the Platform, this will allow him/her access to his or her personal account on the Platform.

16. 10. DIWERENT will create an Account and a profile page based on the information provided to us or which we obtain from third party social networking websites. After registration, a Host is given a User Profile in which the data he/she contributes is recorded and in which all the property rentals offered by that Host are specified (the “Account”).

16. 11. The Account provides various functions that can be used by Hosts to manage their listings throughout the Platform. These functions as well as the Account itself are provided by DIWERENT as is without any representations, warranties or undertakings, and DIWERENT will not be liable for any errors that occur during their use.

16. 12. To create a Listing, Hosts will be asked questions about the property, including the location, number of rooms, size, features, availability, price, financial terms and Guest restrictions.

 Listing

17. Preparing for the Listing (for Hosts).

17. 1. On its Platform DIWERENT publishes each listing for a limited period of time, which cannot exceed 30 calendar days. However, DIWERENT reserves the right to remove or deny the posting of any property listing at any time at its sole discretion.  

17. 2.  The period open for booking by the Guests on each property is twelve (12) calendar months after the first booking request has been confirmed. This term starts automatically on the date of activation of the Hosts’ Personal Account to enable the Hosts to set the prices and block certain dates while they prepare their Listings, and will be extended for one day every day. . When the Listing is checked by our moderation team it gets published on the Platform. Our system keeps the Listing available for booking for 365 days starting from the publishing date by daily adding one additional day available for booking to the end of the available period. However, as soon as your Property receives its first confirmed booking additional days will no longer be added.

17. 3. The Host through his or her personal Account has the opportunity to block certain dates at the Property within the specified period. Certain dates can also be blocked automatically when the Host sells nights at the Property using other sources of sale, and these sold dates get synchronized with the Property’s calendar using the calendar synchronization feature available in the Personal Account. In either case, the number of available nights can not be less than 100.

17. 4. The initial number of available nights that can be booked at each property throughout the available period, whether by one Guest or by multiple Guests, is 100. Dates blocked by the Host or by DIWERENT do not count in this number except for the cases described in paragraph 17.6 of these Ts&Cs.

17. 5. If the number of nights available for booking at the Property gets less than the minimal number of nights permitted for booking at this Property, the Property can no longer get booked and the Listings ends automatically.

17. 6. In case the Host has made certain dates at the Property unavailable for booking through manual blocking or calendar synchronization, and as a result the number of available dates at the Property together with the number of nights booked at the Property by Guests  became less than 100, such blocked nights or nights booked through calendar synchronization will be automatically taken into account by the system for the purpose of application of the discounts. Blocked dates can be unblocked by the Host during the listing except for the dates taken into account for the purpose of application of discounts.

17. 7. Until the Listing is approved by DIWERENT, the Host can change any parameters of the Listing.

17. 8. When creating a Listing via the DIWERENT Platform, the Host must (i) provide complete and accurate information about his or her Host Services (such as description of the property, the location and availability), (ii) describe any shortcomings, restrictions (such as house rules, etc.). The Hosts are able (and are encouraged) to add specific rules, requirements and warnings to Guests to their Listing. This can include the Host’s Child Policy (stating whether children of certain age are allowed and are safe to stay at the property Pet Policy (stating whether animals are allowed and are safe to reside on the property, Contract Policy (stating whether the Host requires the Guests to sign a rental agreement upon their arrival), Policy for people with disabilities (stating whether the property is suitable for people with disabilities), etc.

17. 9. The Hosts can place multiple Listings on the Platform. In any single Listing only one unique and clearly identifiable Property may be listed.

18. Price, discounts, final price (for Hosts).

18. 1. The Host independently and on his/her own responsibility sets the initial prices, as well as the amount of discount corresponding to each stage of the process.

18. 2. The initial prices for available dates can be changed only until the Property receives the first confirmed booking. The prices, however, cannot be changed when the Property has a booking that is pending confirmation before the first booking is confirmed. After the first confirmed booking the initial prices can be changed only by DIWERENT according to the Host’s request at any time during the Listing. DIWERENT has no obligation to change the prices at the Host’s request if it believes that such change will harm or contradict with the principles of fair trade or the logic of price formation mechanism used by DIWERENT. In addition, DIWERENT shall have the right to stop the concerned Listing at its own discretion and shall not be held liable for doing so.

18. 3. The initial price is the price from which all other prices are calculated for each subsequent discount level. Host can set different initial prices for different dates or periods within their Listing, such as base price and season prices.

18. 4. The rental price depends on the total number of booked nights by all Guests on this property during the listing - its public and non-public offering.

18. 5. The transition to a new price occurs when the number of nights booked by Guests and confirmed by a Host is greater than that set in the previous discount level. The information on the number of nights in each discount level is displayed on the property listing page.

18. 6. After the Guest has requested a booking of the Host’s property, the Host may not demand that the Guest pay for his or her booking more than the sum specified in the booking request. However, the Host may charge the Guest for additional services provided to the Guest directly.

19. The number of nights in each of the 5 stages (for Hosts).

19. 1. Every Listing has 5 stages. Transition to each next stage occurs when the initial price of the Property set by the Host reaches the next Discount level. Discounts pertaining to each Discount level are set by the Host upon creation of the Listing. On the first stage of the Listing, on Discount level 1, there is no applicable discount and the listed Property can only be booked at the Initial price per night. However, for every subsequent Discount level the Host is required to set the amount of discounts that will apply to all bookings made at the Property by the Guests as soon as the next Discount level will be reached.  

19. 2. A hundred nights that can be sold by the Host during the Listing are conventionally divided in five parts, each part containing twenty nights. Each next Discount level of the Property is reached as soon as a group of any twenty cumulative nights from all the available nights at the Property get booked by Guests or blocked by the Host or by DIWERENT in certain circumstances described in these Ts&Cs.

19. 3. Twenty nights from each stage do not have to be adjacent, consecutive, booked by one Guest or booked within the same booking. All nights booked by any Guests (or blocked by the Host or by DIWERENT in certain cases) after the Property has moved to each next stage shall be counted together for the purpose of moving the Property to the next stage.

19. 4. When the new Discount level is reached, the cost of the booking will be changed for all Guests who have already made bookings on this property or will make bookings during the Listing.

19. 5. The final price is the price per night that was reached by the end of the placement of the Listing. It cannot be less than the targeted price reachable at Discount level 5 where the largest possible discount applies.

19. 6. All Guests shall pay for their bookings based on the final price per night.

20. Security deposit.

     Hosts who intend to ask Guests for a security deposit must clearly indicate this in their  Listings (“Security Deposit”). If a Host chooses to take a Security Deposit from a Guest, he or she may take it directly from a Guest at check-in and return it directly to a Guest at the departure time. DIWERENT is not responsible for payment or return of Security Deposits.

21. Cleaning Fee.

     A Host may charge a cleaning fee that will be applied to each booking and will be added to the rental cost. A cleaning fee will be returned to a Guest in case his or her booking is cancelled whether by Host or by Guest before the Guest’s check-in. Return payment of cleaning fees can be subject to commissions as described in paragraph 32.2 of these Ts&Cs.

22. Instant booking.

     Hosts can optionally make a provision for the Instant Booking function. If a Host chooses to do so, Guests do not need to wait for confirmation from the Host when making a booking. Properties to which the Hosts applied Instant Booking will be booked instantly after Guests’ booking.

23. Images.

23. 1. Hosts may (and are encouraged to) add photos, animated images or videos (collectively "Images") to their Listings made through the DIWERENT Platform. Such Images must accurately reflect the current quality and conditions of the properties listed by the Hosts. DIWERENT reserves the right to set and change at its own discretion parameters and requirements for the Images, such as a minimum or a maximum number of images per Listing, their format, size, resolution, etc.

23. 2. Hosts can additionally set and adjust other parameters that may from time to time be available in their Member Account.

23. 3. Once the Host has established all the necessary parameters through his or her personal Account, his/her proposal must then be sent for DIWERENT’s consideration.

23. 4. Any conditions included in the Host’s Listings must not conflict with these Terms of Service.

23. 5. Within 48 hours DIWERENT will determine the date when the Listing will be posted on the Platform and inform the Host.

23. 6. DIWERENT reserves the right to refuse a placement for any Listing without explanation or compensation, or being liable therefor.

23. 7. DIWERENT, in the event of discovery of inaccurate, false, unreliable information or other errors, may require that the Host make the appropriate changes.

24. Hosts represent and warrant that the Listings placed by them, the bookings of the Property by the Guests and their staying at the Property: 

24. 1. do not violate any of the Host’s agreements with third parties or rules Hosts are bound by, such as the homeowners' association, the association of co-owners of the apartment building, co-owners’ agreements or other agreements and rules;

24. 2. comply with all applicable laws, including tax, immigration, housing and other legislation as well as other rules and regulations; and

24. 3. satisfy all necessary permits, qualifications and registration requirements.

25. Hosts shall be responsible for both their own actions and omissions and actions and omissions of persons residing or otherwise present in the listed properties at their request or invitation except for the Guests and any third persons requested or invited by the Guests. 

26. Host's Listing and Current prices.

26. 1. Once DIWERENT approves a listing, it will place the Host’s Listing on the Platform, where it will be displayed in the appropriate location. At its own discretion DIWERENT can postpone posting of the approved Listing based on its experience, knowledge and understanding of the Platform’s operation in order to achieve better results for both Hosts and Guests.

26. 2. Also, the Listing may be placed in other locations of the Platform, according to the algorithms used by DIWERENT.

26. 3. The order in which the property is listed on the Platform is based on the system’s algorithms and no guarantee with regard to preferential position in the search results can be given.

26. 4. During the listing period, all registered users can make bookings based on the conditions stated in the Listing.

26. 5. DIWERENT has the right to post information about the property listing on any other websites in order to attract attention to it and to the Platform. In addition, DIWERENT reserves the right to show information about the property, including its Images, at the main page of the Platform, its previews, quick views, etc.

26. 6. During the listing period, the Host may make changes to the Listing as described in paragraph 17.7 of these Ts&Cs. . The listed Property cannot be changed to another Property. However, certain nights available for booking can be blocked and made unavailable. Hosts must agree that the nights being blocked during the listing will affect the price changes for Guests (for more details, see the price section and its change).

26. 7. The prices per night, once set by the Host, shall be converted into Singapore dollars and shall not change throughout the whole listing period other than by applying discounts in accordance with the DIWERENT algorithm as described in these Ts&Cs.

26. 8. The Current price of the listed property shall be shown to all Platform users in certain places such as the catalogue, property page, booking page, certain section of the Members’ Personal Account (for example, the Trips section in Guest’s Personal Account), etc. The Current Price shown to the Platform users is the price per night set by the Host upon creation of the Listing and selected by DIWERENT as explained further. The Current price is indicative and shows the most common price for the Property at the time of creation of the Listing. The Current price is not necessarily the price at which Guests can make a booking. The booking price can be found in the Property’s calendar for each available date.

26. 9. Since the prices set by the Host for different dates or periods within one Listing can differ, DIWERENT uses a special algorithm to determine what Current price will be shown to the Platform users. Determination of the Current price is performed only once at the time of opening of the Listing. The algorithm chooses one of the following to be shown as the Current price:

• The lowest price per night set by the Host for the period available for booking;

• Base price per night set by the Host for the period available for booking;

• Price per night set by the Host for the largest number of nights available for booking at the Property.

27. Hosts’ Pre-listing.

27. 1. DIWERENT, at its own discretion, may post the Host’s Listing in a Private Placement.  While the listed property is in Private Placement only registered users who have previously sent specific requests for properties which meet their stipulated requirements are able to view the property.

27. 2. Private Placement may last for up to 10 days.

27. 3. The Host will be notified by DIWERENT that the Host’s Listing has been placed in Private Placement.

28. End of listing (for Hosts).

28. 1. Each listing of a property that has a confirmed booking request has an expiration date. The expiration time is shown by the platform in the listing itself, in the catalogue and/or in other places as may be from time to time determined by DIWERENT. When this time comes, the property will no longer be available for viewing or booking. However, Guests who have confirmed bookings for the property with an ended listing will still be able to view it.

28. 2. Property listings can be terminated early, if all the available dates are booked or if the number of available dates is less than the permitted minimal number of days for stay.

28. 3. In exceptional circumstances the Host can also contact DIWERENT and ask to end the listing of their property. DIWERENT shall on case-by-case basis decide if the Listing can be ended before expiration of the listing period, if the confirmed bookings should be cancelled and if any other possible consequences should arise in connection with the Listing’s end. In case of early ending of the Host’s Listing DIWERENT will have the right to block up to 25 nights in the Host’s calendar and such blocked nights shall be included into calculation of the Listing’s Discount level.

28. 4. If by the time the Listing ends the Host has unconfirmed bookings, the Host will be given 24 hours starting from the time when the booking request was made to confirm or decline the booking until the request will be auto-rejected by the system.

28. 5. If the Host has two or more booking requests (whether on the same dates or not) and the number of nights available for sale at the Property allows accepting only one booking, confirmation of such one booking will automatically reject all other booking requests and end the Listing.

28. 6. If the Host’s property has become uninhabitable and not fit for occupation due to any actions by third parties or natural disasters, this may be considered by DIWERENT as a valid reason for the suspension of property listing due to force majeure circumstances. 

29. Confirmed bookings

29. 1. If the Host refuses to honour confirmed bookings for any other reason, DIWERENT has the right to block access to his/her account and not allow the placement of their Listings on the Platform in the future.

29. 2. DIWERENT reserves the right to suspend or terminate any listing at any time at its own discretion.

29. 3. The Host hereby undertakes the completion of all confirmed bookings, including any bookings made in a Listing that has been closed early;

29. 4. If the Host claims to be unable to accept any of the Guest who has made a booking at the Host’s property that has been confirmed by the Host, the Host will be obliged to explain to DIWERENT and to the affected Guests the reasons why this cannot be done. In this event DIWERENT will not accept any liability for the Host’s fault to respect the confirmed bookings.

30. Bookings (by Guests).

30. 1. When you use the Platform as a Guest you must acknowledge and accept that a confirmed booking of a Property made through the Platform is a limited permission granted to you by the Host, whose Listing you used to book a Property, to enter and stay in the Property and use it for the period of your stay specified through the Platform. Please note that subject to your arrangements with the Host and to the extent permitted by applicable laws the Host may retain the right to reside in the same Property or visit the Property from time to time.

30. 2. Guests undertake to vacate the Property no later than the time and date agreed with the Hosts whether through the Platform or personally. In case Guests continue their stay in the Property after the said time and date without the Host’s permission, the Host will have the right to charge such Guests an additional fee at double the usual amount per night as well as to require the Guest to vacate the Property and to take other actions in any way provided for by applicable laws at his or her own discretion. 

30. 3. If you submit a request to book a Property on the Platform, the Host must respond within 24 hours, otherwise the booking request will be automatically rejected. Once a Host has accepted an offer from you to book a Property, DIWERENT will send you a confirmation of the booking. A binding agreement between Guest and Host arises only when DIWERENT sends the confirmation of booking. 

30. 4. For Hosts who offer the “Instant Booking” option for their Property, any booking request made by Guests will be immediately confirmed and booking confirmation emails will be sent to both Guests and Hosts. 

30. 5. Guests must at all times acknowledge, agree and accept that the agreement between a Host and a Guest as described above does not grant or intend to grant to the Guest any ownership or other rights in the Property, including lease of the Property or the right to offer the Property for booking to any third parties.

30. 6. DIWERENT reserves the right to cancel any booking, whether confirmed or not, at its own discretion within 24 hours from the moment when such booking was made. DIWERENT will not hold any liability for making such cancellation.

31. Refusal of booking requests by the Host. 

31. 1. The Host has the right to refuse the booking request without providing any reasons. In such cases, DIWERENT reserves the right to block on the calendar up to 2 nights chosen at its own discretion from the entire available rental period as a penalty. DIWERENT will have the same right in case the Host does not respond to a booking request from a Guest within 24 hours after such request has been made through the DIWERENT Platform. Nights blocked by DIWERENT as a penalty shall be always counted for the purpose of application of discounts.

32. Cancellation of a confirmed booking by the Host

32. 1. In the event of a cancellation by the Host of a confirmed booking, the Guest will receive a full refund of the total cost of the booking and no payment to the Host will be made. Failure to provide the Guest with the reasonable ability to gain access to the Property shall be considered as cancellation of a confirmed booking.

32. 2. If the Host decides to cancel a confirmed booking without providing valid reasons, he or she will be obliged to pay DIWERENT a penalty equivalent to 15% of the current booking price if the booking is cancelled more than 60 days before check-in, 30% if it is cancelled 60 to 30 days before check-in, 40% if 30 to 7 days prior to the check-in, and 50% if cancelled less than 7 days in advance. In addition, DIWERENT has the right to charge the Host a cancellation commission of 6.8% from the amount of refund payable by DIWERENT to the Guest, including return payment of cleaning fees, resulting from such Host’s cancellation to cover the transaction expenses incurred by DIWERENT. At its own discretion DIWERENT may, but is not obliged to, release any Host from payment of the cancellation commission. Such release shall not in any way and under any circumstances be construed as waiver from DIWERENT’s right to charge the cancellation commission in the future. DIWERENT shall have the right to deduct any sums due by the Host from any payments that DIWERENT will be making to the Host in the future as well as to demand the Host to pay the outstanding amounts of penalties and cancellation commissions by any other legal means.

32. 3. If a single booking for any listing has been cancelled by the Host without providing valid reasons, DIWERENT reserves the right to cancel all unfinished bookings from that listing and to not pay the Host any compensation for cancelling those bookings.

32. 4. In addition, DIWERENT reserves the right to not publish any listings from this Host in the future.

32. 5. In order to cancel a booking that has already been confirmed, the Host must contact DIWERENT.

32. 6. Valid reasons for cancelling a booking without incurring a penalty and other sanctions are solely those situations governed by force majeure, such as natural disasters, epidemics, and declarations of state of emergency.

32. 7. In certain circumstances, DIWERENT may, at its discretion, decide that it is necessary to cancel the confirmed booking and make the appropriate refund and payment.

33. Cancellation of the booking by the Guest and late check-in.

33. 1. The Guest may cancel a booking if it has not yet been confirmed by the Host. After cancellation the Guest will receive a notification about the booking cancellation through the system, and the funds previously authorized by the Platform to secure the booking will be unblocked. 

33. 2. Once a booking has been confirmed by the Host, it can be cancelled by the Guest, but will no longer be refundable, unless the Guest has made a booking at the initial price and the price has not been changed by the time of closing of the Listing, in which case he or she will have the right to cancel the booking no less than 7 days before check-in but will incur a  penalty in the amount of 10% of the Current Booking price for so doing and the DIWERENT’s service fee will not be refunded. Please note that refunds will be processed after the end of the Listing. DIWERENT makes an exception for the first booking cancellation of each Guest, meaning that where a Guest for the first time no less than 7 days before check-in cancels his or her confirmed booking made at the initial price and by the time of closing of the Listing the price has not been changed such cancellation will not be subject to a penalty described in this paragraph.

33. 3. Where a Guest fails to check-in to the Host’s Property on a date or time indicated in the Guest’s booking (“Late Check-in”), the Guest must inform the Host and DIWERENT as soon as he or she becomes aware of such Late Check-in and agree with the Host the details of check-in on a later date and/or time within the Guest’s booking period. Guests shall not be entitled to refunds for any time of their booking period missed due to the Late Check-in.

34. Guests’ requests for specific dates/properties

34. 1. Any Platform user, whether authorized or not, can send a specific request to DIWERENT using the form provided on the Platform. This request will be processed by DIWERENT and any suitable properties that meet these requirements will be sent to the registered user.

34. 2. However, DIWERENT does not guarantee that the request received will be satisfied, or proposals will be sent on it.

34. 3. If the request is made by an unauthorized Platform user, DIWERENT will automatically create a Personal Account for such user using the e-mail address provided by the user. Temporary password and access instructions will be sent to the user’s e-mail address. To avoid creation of duplicate Member accounts we strongly recommend registered Members to send requests for specific dates being logged in their Personal Accounts.  

35. Refusal of check-in by the Host

35. 1. The Host has the right to refuse the check-in of a Guest who has provided inaccurate personal details such as name and surname, date of birth, and country of citizenship.

35. 2. The Host has the right to refuse the check-in if the number of people staying in the property is greater than the number of guests indicated when the booking was made.

36. Service fees

36. 1. DIWERENT charges the Guests a service fee (commission) in the amount of 13% of the sum of all initial prices indicated in the Listing for the nights booked by the Guest. This service fee is charged upon booking confirmation on top of the booking price.

36. 2. The initial price per night is the starting price from which all discounts are calculated. Initial price for different dates within one Listing can be different depending and are set by the Hosts.

36. 3. All applicable service fees will be displayed at the time of booking. Please note that service fees are non-refundable except in the case when a booking is cancelled by the Host. Payment of service fees does not grant any preferences to a Guest and does not guarantee the availability of a property.

36. 4. Hosts pay a service fee of 3.5% of any sums paid to the Hosts by DIWERENT. This service fee is deducted from the sums payable to the Host for the booking.

36. 5. At its own discretion DIWERENT can use any part of the commission payable by a Host, his Guests, or both, to promote the Host’s Listing to the Guests by offering them an additional discount, moving the property to the next subsequent discount level or otherwise as DIWERENT may think fit provided that the Host shall not bear any additional expenses arising from such promotion and the Host’s missed profit shall be covered from the commissions charged by DIWERENT.

37. Payments for Guests

37. 1. Guests make payments through the DIWERENT Platform with credit or debit cards.

37. 2. After a booking is made by the Guest the funds required to pay for the booking will be authorised by DIWERENT, but will not be debited by the Guest’s card or account until a booking is confirmed by the Host.

37. 3. DIWERENT will debit the authorised amount of funds from the Guest’s card/account after a booking has been confirmed by the Host. Where the Guest’s currency of payment if different from Singapore Dollars, currency conversion rules set below shall apply.

37. 4.Guests will receive confirmation emails about successful completion of payments for their bookings. Such confirmations are sent automatically to the email addresses indicated by the Guests upon signing up with DIWERENT. Amounts of payments in these confirmations are always indicated in Singapore Dollars regardless of the currency in which the payments have been made.

38. Current prices and fees

38. 1. Depending on applicable discounts prices for confirmed bookings can decrease during the Listing. Current prices and applicable fees are shown to Guests in their Personal Account in the Trips section.

38. 2. Guests have access to the following parameters which have the following meaning:

Booked total amount – amount paid by the Guest when making a booking calculated as the sum of prices of all nights booked by the Guest at the time of booking, cleaning fees set by the Host (if any) and service fees charged by DIWERENT as explained in paragraph 36 of these Ts&Cs;

Current total amount – overall price of booking valid at the moment of viewing. It is calculated as the Booked Total Amount minus cashback. This amount can get lower if by the end of the Listing additional discount applies, otherwise this price becomes the final price;

Cashback – amount of cashback calculated as shown in paragraph 39.1 of these Ts&Cs payable to the Guest after closing of the Listing.

38. 3. In addition, Guests will have access to the “See Booking” function that can be used to check the following parameters:

Current booking price – sum of prices of all nights booked by the Guest valid at the time of viewing. Current booking price can decrease depending on applicable discounts until the end of the Listing;

Service fee – service fee as described in paragraph 36 of these Ts&Cs payable by the Guest for the booking;

Cleaning fee – cleaning fee as described in paragraph 21 of these Ts&Cs payable by the Guest for the booking;

Current total – same as Current Total Amount in paragraph 38.2 above;

Cashback – same as in paragraph 38.2 above;

Refund – amount of refund payable to the Guest in case the Guest’s confirmed booking got cancelled;

Payment – amount of money initially paid by the Guest for the booking.

       Amounts of payments indicated in this section will be shown in Singapore Dollars.

39. Cash back and refund 

39. 1. At the end of the offering period of the listing which a Guest has made a booking for, DIWERENT will, within 72 hours, refund the difference between the sum of prices of all nights booked by the Guest valid at the time of booking (Booking price) and the current booking price, if applicable, to the credit/debit card used to make the payment (cashback).

39. 2. The cashback amount is determined as a difference between the Booking price and the Current booking price as defined above in paragraph 39.1.

39. 3. Guests who are entitled to cashback shall continue to be entitled to it even if they cancel their booking. 

39. 4. In case of cancellation by the Host, the full amount paid will be refunded to the Guest in the same currency and to the same account that was made to pay for the booking with regard to provisions of clause 41.3 hereof. The total sum of refund, cashback or a combination of them cannot exceed the total amount paid by the Guest for the booking in Singapore Dollars using the DIWERENT Platform. In case a Guest is entitled to both refund and cashback and the cashback has already been paid to the Guest at the time the Guest receives the right to get a refund, the Guest will be paid the sum equal to the total amount of Singapore Dollars paid by him or her for the cancelled booking reduced by the amount of cashback previously paid to the Guest.

40. Payments for Hosts 

40. 1. All payments to Hosts are made through direct bank transfer. Transfers are made not earlier than 24 hours but not later than 72 hours after the Guests’ actual check-in provided that the Guest has not reported a Travel Impediment as defined in these T&C within 24 hours after his or her check-in. In case of Late Check-in the Host will receive payment for the time booked and missed by the Guest regardless of whether the Guest has reported a Travel Impediment within 24 hours after his or her arrival. If the Guest fails to notify the Host and DIWERENT about his or her Late Check-In, the Guest will be considered as checked-in on time and will no longer be subject to DIWERENT’s Guest Refund Policy.

40. 2. If a Guest stays at a Property and the Listing for such Property is still active, the Host according to the procedure described above will be paid 50% of the Property’s targeted price reachable at discount level 5 where the largest possible discount applies and the rest of the payment, if any, shall be made within 24 hours after the Listing is closed and the final price is reached.

40. 3. If the booked period for a single booking lasts more than 30 calendar days, payments for such booking shall be made to a host in parts, where the first part shall cover the booked period from the check-in date till the end of the month in which the Guest has checked in, and shall be made not earlier than 24 hours but not later than 72 hours after the Guests’ actual check-in. All further payments shall be made not later than the 3^rd day of each following month and shall cover all dates booked by the Guest in such month.

40. 4. If the date of payment falls on a weekend or a public holiday, then the time frame mentioned above will commence on the next working day.

40. 5. If a Guest cancels a confirmed booking made at the initial price no less than 7 days before the check-in date and by the time of cancellation the booking price has not been changed, the Host will be paid 10% of the Current Booking price of the cancelled booking. However, if such cancellation is made by the Guest for the first time, no payment will be made to the Host.

40. 6. Cleaning fee charged by the Host will be refunded to the Guest in case the Guest’s booking had been cancelled before the check-in date. Return payment of cleaning fees can be subject to commissions as described in paragraph 32.2  of these Ts&Cs.

40. 7. Hosts are responsible for all bank fees relating to the transfer of funds into their account.

41. Currency and rounding-off

41. 1. All the prices on the DIWERENT Platform are denominated in Singapore dollars. As such all payments will be charged in Singapore dollars. Any payments including cashbacks, refunds, etc. made by DIWERENT are made in Singapore dollars.   

41. 2. DIWERENT Members may view the listings’ prices as well as any applicable fees in currencies other than Singapore dollars. The amounts shown in these currencies may be different from those to be actually paid due to different applications of exchange rates and thus must be considered as approximate.

41. 3. Payments may be subject to foreign currency processing charges, which are not refundable. DIWERENT shall not be in any circumstances responsible for the exchange rates applied by any banks, payment service providers or financial organizations involved in processing of payments between DIWERENT and any Members, whether Hosts or Guests, as well as DIWERENT shall not in any way be liable for any gain or loss incurred by any Member resulting from such currency exchange.  

41. 4. Any payments due by DIWERENT to Hosts will be made in Singapore dollars. Hosts will receive payment in the currency of their bank account, which if not in Singapore dollars, will be converted by their acquiring bank at the Host’s expense. Amounts payable to Hosts shall be the amounts received for the Guests’ bookings converted into Singapore dollars at the time of the Guests’ payment reduced by DIWERENT’s commission.

41. 5. Any payments, both made by any Members to Diwerent or vice versa, shall be subject to the rounding-off rules, meaning that if the sum of any payment after the conversion is not a whole number, the sum will be rounded down to a nearest whole one if the number after the point is less than 50, and rounded up to a nearest whole one if the number after the point is 50 and more.  

42. Refund Policy.

42. 1. This section governs DIWERENT’s policy for Guest refunds (“Guest Refund Policy”). The Guest Refund Policy concerns Guests who have made and paid for a booking through the DIWERENT Platform and have subsequently faced a Travel Impediment (as defined below).  Full refund will be issued in the following situations, where points 42.1.1.-42.1.3. shall be construed as a Travel Impediment:

42. 1. 1. The Host of the Property cancels a booking prior to the scheduled start of the booking,

42. 1.2. If the Host’s property has become uninhabitable and unfit for occupation due to any actions of the Host, third parties or natural disasters. In this case you will be entitled to refund for the nights actually not spent at the property due to the said reasons,

42. 1.3. The Host fails to provide the Guest with the reasonable ability to gain access to the Property (e.g. does not provide the keys and/or a security code).

42. 1.4. When a booking was made at the initial price and the price has not been changed by the time of closing of the Listing, a Guest will have the right to cancel the booking no less than 7 days before check-in, but will incur a a penalty in the amount of 10% of the Current Booking price, unless such cancellation is the first cancellation made by the Guest.

42. 2. Refunds are normally payable within 10 banking days after the closing of the Listing, but in certain cases when obtaining additional information is required to process the payment DIWERENT reserves the right to extend this term accordingly.

43. Conditions Pertaining to Travel Impediments Claims

43. 1. When acting as a Guest, you must satisfy each of the requirements given below in order to submit a claim related to a Travel Impediment and be eligible for any compensation:

- you must be the Guest who used the DIWERENT Platform to book the accommodation;

- the Travel Impediment must be made known to DIWERENT via DIWERENT Platform within 24 hours from its occurrence along with all relevant details of the Travel Impediment concerned;

- the Travel Impediment must not have occurred as a result of your actions or omissions, whether intentional or unintentional, direct or indirect, and otherwise;

- even when you have claimed a Travel Impediment within 24 hours after your check-in, a night spent at the Property during this period will not be refunded.

44. Standards of quality, Host's responsibilities and reimbursement to Guests

44. 1. When acting in a capacity of a Host, you are required to meet at least the minimal standards of your listed accommodation’s quality, in particular, standards of cleanliness, safety and security. You must also ensure that your description of your Property on the DIWERENT Platform is as accurate as possible. You must make sure that the Guest will have access to the listed Property during his or her agreed time of stay. You, or a person appointed by you, must be available during the Guest’s stay in order to help the Guest resolve possible issues that he or she may face during their stay.

45. Damage to the Property and disputes between members

45. 1. When vacating the Property you, as a Guest, must make sure to leave the Property and any items in it (such as furniture, technical equipment, etc.) in the same condition you found it at the time of check-in.

45. 2. You shall be responsible for both your own actions and omissions and actions and omissions of any third persons present in the Property at your request or invitation except for the Host and any third persons requested or invited by the Host. 

45. 3. The Host and the Guest must settle any disputes related to any damage made by the Host or any persons requested or invited by him or her to the Property independently. DIWERENT will not be involved in resolution of such disputes as a party, counsel, mediator, witness or otherwise unless DIWERENT expressly offers to do so.

46. Guest Reviews

46. 1. The DIWERENT Platform allows Guests to post their reviews of the Properties listed by Hosts (“Guest Reviews”), and the Hosts can view such Guest Reviews.

46. 2. Guest Reviews must meet the following requirements:

46. 2.1. Only Guests who have actually stayed in the Property listed on the Platform can post reviews on such property.

46. 2.2. Guests can only submit the review upon verifying their identity or confirming the email address indicated in their Member Account.

46. 2.3. Any member of the rental party who stayed in the Property can post a review.

46. 2.4. Only one Property review per rental party is allowed.

46. 2.5. Guest Reviews can be removed or edited by the Guest upon contacting Customer Support.

46. 2.6. The Guest submitting the Guest Review must be 18 years old or older.

47. Taxes

47. 1. It is the sole responsibility of a Host to report, collect or include in their prices set in the Listings on the DIWERENT Platform a declaration of applicable taxes such as Value-Added Tax (VAT), tourist taxes or levies, residence taxes, room tax, income taxes, etc. (“Taxes”).

47. 2. DIWERENT may be required by the applicable law to collect tax information/reports from the Hosts and/or to withhold applicable taxes from the payment intended for Hosts.

47. 3. In cases where DIWERENT depends on any information, reports, confirmation or documents to be provided by the Host for DIWERENT to fulfill its obligation to report or withhold taxes from the Host and the Host fails to provide such information, reports, etc., DIWERENT will have the right to withhold any payments due to the Host until the Host provides the required information, reports, etc.

47. 4. As a Host, you are expected to know and abide by your local tax legislation. Thus, you must be aware that local laws may require you to pay taxes calculated as a percentage from the price of listing, or as a flat sum per night/residential unit/number of Guests or otherwise. You are solely responsible for including these taxes in the listing price.

48. Prohibitions on both Guests and Hosts

48. 1. Both Guest and Hosts shall not directly or indirectly:

48. 1.1. In any form, for any purpose and by any means copy, reproduce, replicate, duplicate, fake, edit, translate, distribute, decompile or otherwise exploit without DIWERENT’s prior written consent, whether manually or automatically, any part of the Platform, including its content, design, databases, codes or other parts;

48. 1.2. By any automated means or instruments scan or monitor any part(s) of the DIWERENT Platform except for the purpose of general search engine indexation or public Internet archive purposes intended solely for non-commercial use;

48. 1.3. Use any part(s) of the DIWERENT Platform, its contents, design, tools and services provided therein for any purposes different from those described in these Terms of Service;

48. 1.4. Use any part(s) of the DIWERENT Platform, its contents, design, tools and services provided therein for booking or offering any properties, goods and/or services different from those allowed and intended by these Terms of Service and by any means other than Listings through the Platform;

48. 1.5. In any form, for any purpose and by any means reproduce, replicate, fake, duplicate, copy any part(s) of the DIWERENT Platform, its contents, design, tools and services provided therein on any third-party websites, pages, forums and other resources not controlled or administrated by DIWERENT or otherwise imply or make an impression that any such reproduced, fake, duplicated or copied website or any part thereof is the DIWERENT Platform or any part thereof or in any manner and by any means run, controlled, administrated, recommended, approved or otherwise related to DIWERENT;

48. 1.6. Upload, send, add or otherwise integrate to the DIWERENT Platform or any part or system thereof any programs, viruses, files, codes or other content which can by any means damage, destroy, deactivate or otherwise harm DIWERENT’s systems, networks, computers, databases or other hardware and software;

48. 1.7. Upload, send, add or otherwise integrate to the DIWERENT Platform or any part thereof any content, materials or information that breaches or might breach any applicable laws or encourages, promotes, describes or otherwise allows any such breach;

48. 1.8. Upload, send, add or otherwise integrate to the DIWERENT Platform or any part thereof any false, misleading, fraudulent, offensive, abusive, pornographic, vulgar, obscene, illegal or otherwise inappropriate content, materials or information;

48. 2. Both Guest and Hosts shall not post, upload or transmit any content that:

48. 2.1. May be offensive or disparaging towards any ethnic, racial, sexual, religious or other group;

48. 2.2. Promotes, advocates or otherwise encourages the use of illegal drugs;

48. 2.3. Promotes, advocates or otherwise encourages any kinds of violence;

48. 2.4. Contains a link to any other websites; or

48. 2.5. Refer to DIWERENT, its Platform or any part thereof, its owners, directors, officers, employees, partners or any affiliate in any way that might lead someone to believe that any Member, whether Host or Guest, any particular Property, Listing, or any third-party website is administrated, endorsed or sponsored by or affiliated with DIWERENT or any of its owners, directors, officers, employees, partners or any affiliate.

49. Both Guest and Hosts must treat other users’ personal information with due care and take all reasonable measures available to them in order to protect such information from unauthorized disclosure. Both Guest and Hosts shall not post, upload or transmit any content that contains such personal information of any users and other third parties without receiving prior appropriate consent of the subjects of such information; both Guest and Hosts acknowledge and agree to assume all liability for the misuse, loss, or unauthorized transfer of such information.

50. Both Guest and Hosts shall not post, upload or transmit any spam or unsolicited commercial electronic communications of any kind. It is also prohibited to misuse the DIWERENT Platform or any part or system thereof  by sending unsolicited commercial communications (spam) or disclosing personal information of other users to a third party, unless such user has granted his or her express permission to such disclosing person. DIWERENT will have the right to delete, suspend or block any such information and users responsible for its posting as described below.  

51. DIWERENT’s right to delete content

51. 1. It is the Members’ responsibility to ensure that their communications, content, Guest Reviews, Listings posted and other information posted through the Platform, do not infringe the law, the rights and freedoms of any person or entity, or contain false, misleading or fraudulent information, personal insults, anything that infringes copyright or data protection law.

51. 2. Any information or content posted through the Platform can be deleted or altered by DIWERENT at its own discretion when DIWERENT believes such information or content is inaccurate or out-of-date or in breach of any provision of these Terms of Service and the Member responsible for posting such Listing can be suspended.

52. Rights, obligations and undertakings of the Host

52. 1. Without prejudice to other general obligations and undertakings, the Host will have the following specific rights and obligations:

52. 1.1. The Host shall submit valid, complete, accurate and truthful information of his or her personal identity, payment details, the Property offered by him/her in the property listings and other communications posted through the DIWERENT Platform.

52. 1.2. The Host is solely responsible for accuracy, completeness and actuality of any information provided to DIWERENT, including, but not limited to all representations about any listed Property, its amenities, location, price, and its availability for a specific date or range of dates. The Host represents and warrants that any Properties listed by him or her is entitled to be rented by Guests.

     52.1.3. The Host must ensure that:

- the information on the Listing is kept complete, accurate and up-to-date for the entire time the Listing remains on the Platform,

- if a translation is provided, it is made carefully and correctly; and

-  he or she complies with these Terms of Service when drawing up the Property Listing.

52. 1.4. The Host undertakes to accurately keep and update the calendar for each property listing to ensure that it correctly shows available and booked dates relating to each Property.

52.1.5.The Host must ensure that photographs included in property listings posted by him/her accurately show the Property and do not cause or give any false perception of the Property. Additionally, the Host will be solely responsible for receiving the appropriate legal consent of any persons depicted in any photographs posted by the Host. The Host represents and warrants that any photographs posted by him or her do not violate any privacy rights, intellectual property rights or any other rights of a third party.

52. 1.6. The Listings are non-transferable. In case the listed Property has been sold or transferred to another manager, Hosts must address DIWERENT at support@diwerent.com for instructions on creating a new listing for such Property. 

52. 2. In order to adhere to the principles of fair trade and to maintain the logic of price formation mechanism used by DIWERENT we ask our Hosts to set competitive market prices for their Listings published on the Platform. In cases when the Host offers the Property listed with DIWERENT through other sources, whether online or offline, the prices set in the DIWERENT’s Listings should be equivalent  to the Host’s prices for the same Property listed elsewhere. In case the Host starts offering the Property through other sources after the Property was listed on the DIWERENT Platform at the prices not equivalent to the prices offered through DIWERENT, or the Host changes the prices for the Property offered through other sources in a way that they cease to be equivalent with the prices in the Host’s Listing of the Property with DIWERENT, the Host must inform DIWERENT accordingly at once. In any such event DIWERENT will have the right, but not an obligation, to adjust the prices for the Host’s Property so they would be equivalent to such prices of the Property offered through other sources.

52.3. DIWERENT can monitor third-party sources, both online and offline, to check the prices the Hosts offer for their Properties through such sources. In case DIWERENT finds that the Host has his or her Property listed on the DIWERENT Platform and simultaneously offers his or her Property though other sources at the prices not equivalent to those offered through the Platform, DIWERENT at its own discretion may adjust the prices in the Host’s Listing so that they would be equivalent to those offered through other courses.

52.4. The Host undertakes to carefully monitor and check all information regarding any bookings made by Guests at his or her property as well as any changes, cancellations, requests and communications pertaining to such bookings in his or her Personal Account and, if applicable, in other parts of the website. The Host must understand and agree that although DIWERENT aims to implement and maintain certain informational features and services such as calendar synchronization or email notifications, it may not always be technically possible to ensure communication of valuable information to the Host. The Host must further acknowledge and accept that the most up-to-date and complete information regarding his or her listings, prices, discounts, available dates, property descriptions, photos, bookings, payments etc. can be found in the Host’s Personal Account, and that it must be checked regularly.

       53. Prohibitions on Host

           Hosts shall not directly or indirectly:

53. 1. use one Listing to list more than one property available from a Host;

53. 2. change the listed Property offered in a Listing after that Property is booked by a Guest; and

53. 3. offer a Guest who has made a booking request a Property different to the one actually displayed in the relevant Listing.

54. Proprietary rights to content (for Host)

54. 1. The Hosts are solely responsible for obtaining all and any rights, licenses, consents and permissions pertaining to any content of any type, including text or images posted, uploaded or submitted by him or her through the DIWERENT Platform. 

54. 2. Where the Hosts’ Listings and other content posted, uploaded or submitted by him or her contain protected trademarks, Hosts represent and warrant that they have legally obtained all and any rights, licenses, consents and permissions to use those trademarks.

54. 3. By submitting any content (such as photographs, pictures, words, symbols or otherwise) through the DIWERENT Platform, the Host grants DIWERENT and each of its affiliates a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, translate, adapt, modify, sell, distribute or otherwise use such content in any form, for any purpose, in any sources, including any media and marketing materials, as well as to grant a sublicense for the same to DIWERENT’s subcontractors, affiliates, agents, service providers and other parties. Further, the Host represents and warrants that he or she has all the rights to grant DIWERENT such license or undertakes to obtain such license at his or her own expense.

54. 4. Any content (photographs, pictures, words, symbols or otherwise) published in a Listing or offered for publishing in a Listing is assumed to have been uploaded, submitted and/or approved by the Host mentioned in such Listing or his/her duly authorized representatives.

55. Right of blocking, suspension or withdrawal of Host listings

55. 1. Any Listing that breaches these Terms of Service, has not been paid for, or has been requested by a third party to be removed based on a proved or alleged violation of trademarks, copyrights, or legislation relating to the protection of privacy and/or personal data, or for any other valid reason, can be temporarily or permanently blocked, suspended or deleted by DEWERENT without any prior notice unless the Host can prove that no such violation or breach took place, or that the Host has the right to publish such content, or that he or she has made all due payments pertaining to the Listing to DIWERENT and, where applicable, third parties.

56. Responsibility of the Host

56. 1. The Host undertakes that he or she will take full responsibility (including legal fees and costs) for all and any financial damages and losses suffered or incurred by DIWERENT due to any programs, viruses, files, codes or other content uploaded, sent, added or otherwise integrated to the DIWERENT Platform or any part or system thereof by the Host that caused any damage, destruction, deactivation or other harm to DIWERENT’s systems, networks, computers, databases or other hardware and software.

57. Rights and obligations of DIWERENT

57. 1. DIWERENT shall use commercially reasonable efforts to ensure that the pictures and photographs contained in the Listings submitted to the DIWERENT Platform by the Hosts are shown on the Platform as clearly and accurately as possible. However, you acknowledge and agree that depictions on the Platform can to a certain extent deviate from the original pictures and photos uploaded by the Hosts, particularly when scanning non-digital images. Such deviations may occur due to individual screen settings.

57. 2. You acknowledge, agree and accept that it is the Hosts’, and not DIWERENT’S, responsibility to ensure the accuracy of the pictures and photographs of the relevant property listed in the Listings.

57. 3. DIWERENT may occasionally undertake upgrades and maintenance of the Platform or any part thereof. This may result in a temporary inability to access or use the Platform. DIWERENT will, by every means possible, aim to minimize the effect of such work on Members.

57. 4. DIWERENT provides a direct messaging feature for direct communications between Hosts and Guests. This feature is provided “as-is” with no implied guarantees, representations or warranties. You must acknowledge, agree and accept that that unauthorized third parties may misuse the feature to gain access to your communications. DIWERENT will not be liable or held responsible for such misuse by any third parties.

57. 5. You acknowledge, agree and accept that it is not DIWERENT’s responsibility to check the identity of any Members, to monitor and ensure their conduct, or to verify the nature, condition or existence of any listed property. However, if DIWERENT suspects that any Member has submitted false, outdated or incomplete information, DIWERENT shall be entitled to carry out identity checks or to demand proof of the existence of a listed Property. If requested to do so, Members shall promptly supply to DIWERENT such proof of identity or of a Property’s existence. Each Member acknowledges that failure to comply with any such request from DIWERENT constitutes a breach of these Terms of Service. Any checks or inspections performed by DIWERENT are carried out exclusively for the purpose of gathering relevant information. Results of such inspections are not documented, published or reported and cannot be used as official documents or reports.

57. 6. DIWERENT reserves the right to assign or subcontract any or all of its rights and obligations under these Terms of Service to a third party provided that none of the rights provided to you by these Terms of Service will be reduced, diminished, voided or otherwise harmed by such assignment or subcontracting.

57. 7. DIWERENT at its own discretion may change, suspend or discontinue any aspect of the Platform or any of its parts, systems, services, contents or features at any time without any prior notice or liability.

57. 8. With respect to DIWERENT’s Privacy Policy the Host authorizes DIWERENT to, where necessary (including to prevent fraudulent actions of third parties) provide the Host’s contact details, including email address and telephone number, to Guests in connection with a property booking, provided that such booking was confirmed by the Host. You acknowledge, agree and accept that you have read and accepted DIWERENT’s Privacy Policy and consent to the processing of personal data as outlined in it.

57. 9. You acknowledge, agree and accept that DIWERENT may at its own discretion at any time remove, suspend or block any Listing without prior notice.

58. Intellectual Property

58. 1. All content in this website (including the name and style of DIWERENT), and the Platform itself, with the exclusion of the Third-Party Content as defined below, is protected by copyright and owned by DIWERENT. Certain parts of the Platform, such as the DIWERENT style, name and logo, are also protected by trademark, trade secret, trade name and other applicable proprietary rights and intellectual property laws. Your use of the Platform does not grant you any licenses, permissions, consents or rights to sell, license, sublicense, rent, modify, distribute, copy, reproduce, replicate, translate, transmit, display, perform, publish, adapt, edit, create derivative works from or otherwise deal with these materials except where expressly authorized by DIWERENT, applicable laws or these Terms of Service.

58. 2. Any content or data, whether of words, graphics or otherwise, present on the Platform, cannot be by any means retrieved in order to be compiled into a compilation, database, directory or other collection without DIWERENT’s express written permission. Any links to the Platform must only be ordinary links to the DIWERENT homepage unless otherwise agreed with DIWERENT.

58. 3. Members are permitted to print individual pages of the Platform solely for the purpose of evidencing the arrangements with DIWERENT or other Members made through the Platform. All rights to these prints shall be retained by DIWERENT.

59. Indemnification

59. 1. You undertake to indemnify and hold DIWERENT, its affiliates and any of their owners, beneficiaries, officers, directors, employees and agents (collectively “DIWERENT Affiliates”) harmless against any claims, actions or proceedings by third parties brought against DIWERENT or any DIWERENT Affiliate, including, but without limitation, any losses, damages, expenses, costs and penalties suffered or incurred by DIWERENT or any DIWERENT Affiliate,  arising out of or in connection with: (a) any material or content you upload, send, add or otherwise integrate to the DIWERENT Platform or any part or system thereof; (b) your use of any content or services on the Platform; or (c) any breach by you of these Terms of Service. DIWERENT will aim to timely give notice to you of any such claims.

60. Termination

60. 1. DIWERENT shall have the right at its discretion and without incurring any liability to any users, Members, whether Hosts or Guests, or any third parties, regardless of the cause or breach and without prior notice at any time: (a) terminate your access to and use of the Platform or any part thereof, including any features and services, (b) deactivate, block, suspend or delete any of your Accounts along with all related information and files in such Accounts, and (c) block or suspend your access to the Platform, any part thereof and any files, features or services. Upon termination DIWERENT will be entitled to cancel any of your future bookings and payments due to you if you are a Host. 

60. 2. DIWERENT will have the right to suspend, delete, block or terminate at any time and at its own discretion without prior notice at any time and without providing any refunds, cashback or money returns, any single Listing, a group of Listing or all Listings of any involved Host when DIWERENT determines or alleges that:

60. 2.1. Any Listings, posts, communications or other contents and materials associated with a Host in any way breach or violate the Host Ts&Cs, applicable rules, laws, regulations, or rights or freedoms of any other Platform user or a third party;

60. 2.2. A Host has in any way misused the Platform;

60. 2.3. A Host practices illegal, unfair, dishonest or otherwise unacceptable ways of listing or conducting rental business, such as making multiple bookings for different Guests for the same Property and on the same dates, preventing, whether deliberately or not, a Guest from reaching or entering the Property, or otherwise;

60. 2.4. A Host violates or breaches any part of these Terms of Service or any other undertakings or obligations before DIWERENT, any DIWERENT’s affiliate or another Member;

60. 2.5. A Host has been or is being rude, offensive, insulting or otherwise disrespectful towards DIWERENT, any DIWERENT’s affiliate, owner, officer, director, employee or agent or another Member; or

60. 2.6. A Host uses stolen, fake or otherwise false or otherwise false identity while using the Platform or any of its parts, features or services.

60. 3. DIWERENT does not undertake any responsibility or duty to investigate any complaints towards any Member, whether Guest or Host, but may choose to do so if DIWERENT finds it appropriate.

61. Third-Party Content

61. 1. You must acknowledge, accept and agree that while using the Platform, any part thereof or any of its features or services, you may deal with content and information provided by other users or third parties (“Third-Party Content”). Third-Party Content may be provided both directly through the Platform, its features and services, or through links to third-party websites. DIWERENT does not control and has no obligation or responsibility for any such Third-Party Content, including material or information that may be false, misleading, fraudulent, offensive, abusive, pornographic, vulgar, obscene, illegal or otherwise inappropriate. You recognize and accept any risks that might be involved in your use of such Third-Party Content.

62. Liability of DIWERENT

62. 2. DIWERENT will make its best efforts to pass and address any reasonable requests received through DIWERENT Support, however, there are no guarantees that any such requests will be met. The fact that a request has been noted on your confirmation email or any other documentation, or that it has been passed on to the Support is not confirmation that the request will be met. Failure to meet any such request will not be a breach of contractual or legal requirements on part of DIWERENT unless DIWERENT has specifically confirmed the request. Please note that DIWERENT shall accept no liability for any item/arrangement not confirmed in writing by DIWERENT.

62. 3. If you do not acknowledge, accept and agree with any part of these Terms of Service or if you are not satisfied with the DIWERENT Platform or any of its parts, services, features, systems or with any materials, information or content presented therein, you should immediately discontinue using the Platform. You shall not be entitled to any other remedy or compensation.

62. 4. Nothing in these Terms of Service shall exclude or restrict DIWERENT’s liability for (I) death or personal injury resulting from DIWERENT’s negligence; or for (II) DIWERENT’s fraud or fraudulent action.

63. No Agency

63. 1. DIWERENT shall not act as an agent or representative of any Platform user, whether a Host or a Guest. All Members, whether Hosts or Guests, enter into agreements, make transactions and otherwise interact directly with each other on their own behalf, and DIWERENT is not in any way a party, an agent or beneficiary of such agreements and transactions.

64. Disclaimer

64. 1. All DIWERENT features and services are provided on an “as-is” basis. DIWERENT expressly states that all and any representations and warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, are to the greatest possible extent hereby disclaimed and excluded. You acknowledge, accept and agree that DIWERENT does not provide any representations or warranties that any services or features will satisfy your requirements or expectations, will work without interruptions, errors and in a timely or secure manner, will provide accurate or reliable information, and will conform to any description, specification, expectation, requirements, standards or warranties. DIWERENT does not undertake to correct or fix any errors in the Platform, or any of its parts, services, features, systems or with any materials, information or content presented therein.

64. 2. You acknowledge, confirm and agree that:

64. 2.1. You use the Platform and any services or features provided therein at your sole risk;

64. 2.2. DIWERENT is not obliged to perform any checks, verifications or investigations in relation to any Host, Guest or other users or third party;

64. 2.3. It is your responsibility to critically evaluate and interpret any third parties’ comments and referrals posted through the Platform, use common sense and exercise due care and diligence in using and relying on any features, systems or services, including Third-Party Services;

64. 3. You access or transmit any information, content or materials through the Platform at your own risk. DIWERENT will not be responsible for any losses or damages arising out of, based on or connected to such access or transmission; and

64. 4. Any information, advice, data or service obtained by you through the Platform in any form does not imply any guaranty or warranty to you except as expressly stated otherwise in these Terms of Service.

65. DIWERENT's limited liability

65. 1. Any liability for any indirect, consequential, and/or reliance losses, damages, costs or expenses of any nature, including loss of turnover, profit, business or goodwill, incurred or suffered by you, whether in contract, tort, negligence, breach of warranty, breach of statutory duty or under any other cause are hereby excluded to the greatest extent possible.

65. 2. Any liability of any cause or nature not limited under clause 64.1 above, shall be limited to S$1,000.00.

65. 3. Guest specifically agree that DIWERENT shall not be obliged to pay any interest for the use of the Guests’ funds held by DIWERENT and then returned to Guests whether as refund, cashback or otherwise.

65. 4. Nothing in this Agreement excludes or limits DIWERENT’s liability which may not be limited or excluded under applicable law.

66. Governing law and jurisdiction

66. 1. These Terms of Service are governed by Singapore law.

66. 2. Subject to clause 65.3 below, you hereby irrevocably agree that the courts of Singapore are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Service and accordingly any proceedings arising out of or in connection with these Terms of Service shall be brought in such courts. Accordingly, you hereby waive any objection to proceedings in any such court or arbitral forum (under clause 65.3 below) on the ground of venue or on the ground that proceedings have been brought in an inconvenient forum.

66. 3. Notwithstanding clause 65.2 above, you further agree that DIWERENT may, at its sole and absolute discretion, elect for any dispute which may arise out of or in connection with these Terms of Service to be submitted to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be in Singapore, and the Tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of the SIAC. The language of the Arbitration shall be in English. The decision of the Arbitrator shall be final and conclusive upon all parties.