Table of Contents: 

• Terms & Definitions
• About These Terms

1. Background
2. Becoming a Heritage Homes Member
3. Agents / Managers
4. Currency Payment Terms
5. The Homeowner member environment
6. Listing a property for short term stays by guests
7. Listing a property for long term rent
8. Listing a property for sale
9. Listing a property for investment
10. Additional In-Country Services
11. Complaints and dispute resolution
12. Cancelling your Heritage Homes membership terms (Steps and procedures)
13. Content-related provisions (Licensing, ownership, liabilities, etc.)
14. Access to and use of our website (Data collection, protection, analytics, etc.)
15. Concluding

Terms & Definitions

Booking – the booking of a short stay through the Heritage Homes platform. 

 

Booking Charges – these are the charges that we collect from Guests on behalf of Homeowners for the occupation of the Homeowner’s property. 

 

Guest(s) – the person or persons booking a property for a short term stay. 

 

Heritage – Following the definition of UNESCO, heritage is the cultural legacy which we receive from the past, which we live in the present, and which we will pass on to future generations. Heritage buildings are defined as those which are old and significant either in terms of architecture or of history (Chien, 1992). Heritage buildings are also defined as existing buildings with significant cultural value to society.

 

Homeowners – we use the word homeowner specifically to refer to prospective and existing heritage homeowner partners. 

 

Listing – an individual property entry that has been submitted by homeowners to our website, on offer for guests, renters, buyers or investors. 

 

Members – heritage homeowners who have registered and paid for an annual membership with Heritage Homes – whether basic or premium – and having gained access to the Heritage Homes portal and listing platform. 

 

Platform – platform refers to the Heritage Homes website located at www.ourheritagehomes.com. 

 

Rentals – the signing of a mid to long term lease through Heritage Homes. 

 

“Service Fee” – these are the fees that we charge to Guests and Homeowners for the provision of our service. 

 

User – we have different types of people using the Heritage Homes platform. However, in these terms & conditions we specifically use the word “User” to refer to Guests, Renters, Buyers and Investors. 

 

About These Terms

 

These Terms & Conditions contain important and binding information about your legal rights, remedies and obligations.

By accessing or using the Heritage Homes platform whether via the website, mobile, tablet or other smart device applications, you agree to comply with and be bound by these Terms & Conditions. 

Please note that these Terms of Service are in addition to our terms that apply to people who reserve property through our website (Guests) and to the terms that apply between our Heritage Homes Members and Guests. Some articles are also incorporated into these Terms. 

 These Terms of Service constitute a legally binding agreement between you and Heritage Homes (as defined below) and, as appropriate between you and Guests, and you should read them carefully.

 We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on our website and inform all of our members, and they are effective upon posting and the sending of this email. Continued use of the Heritage Homes website and services after any modification shall constitute consent to such modification.

 

1. Background

 

1.1. We, Doh Eain Limited, registered in Singapore under company number 201809160K registered office 1000 Tras Street, 100 AM, Singapore are the operator of the website www.ourheritagehomes.com (“Website”) and the platform available to Heritage Homes Members through the website (“Platform”).

1.2. The Heritage Homes website and platform allows heritage homeowners to join as members, access technical guidance and resources, and offer unique heritage properties around the world for short term stay, long term rental, for sale or for investment. 

1.3. The Heritage Homes platform aims to support and connect heritage homeowners (“Homeowners”) with people interested in staying, buying or investing in their properties. We are not a party to any homeowner / guest, homeowner / tenant, homeowner / buyer or homeowner / investor agreement. We are not responsible for any of the actions or inactions of guests, renters, buyers or investors (“Users”). 

1.4. Except for properties explicitly labelled as Heritage Homes owned or managed properties, we do not own, manage or have any rights to the properties that homeowners list on our website (“Listings”) and we are not responsible for, and make no warranties or representations in relation to, any inaccuracy of Listings or the lack of suitability or safety of the properties for the Users proposed use. It is the homeowner’s responsibility to ensure the representations made in the Listing are accurate as they will be relied on by potential Users and by Heritage Homes. The Homeowner agrees and warrants that they will at all times ensure that their Listings are up to date and accurate and the User agrees that, before booking, they have carried out all necessary investigations to ensure that the proposed property meets their needs.

1.5. We do not carry out due diligence, money laundering or identity checks on Users (other than we may at our discretion run ID checks). It is the responsibility of the Homeowner to exercise due diligence and care before accepting a request. 

1.6. The Homeowner is responsible for the decision on whether to accept or reject any enquiries. Heritage Homes provides an introduction service and makes no warranties about the suitability of the User.

1.7. We take discrimination very seriously and as a Heritage Homes Member you must not discriminate against anyone for any reason or be abusive, offensive or defamatory. You must not post any communications which are discriminatory, offensive or defamatory on the website and/or our platform or other media and must not act in a discriminatory way either in writing or in person. We have the right to block your access to and use of the website, platform, media and Heritage Homes services and to remove you as a Heritage Homes Member if you do. 

 

2. Becoming a Heritage Homes Member

 

Types of Memberships

 

2.1. In order to become a Heritage Homes Member (and therefore be able to access our resources and list a property on our website), you will need to create an account with us. A Heritage Homes representative will guide you throughout the process of becoming a member. Currently there are three types of memberships available to interested heritage homeowners:

 

Registered Users – these are complementary accounts that give users individual online profile and access to selected technical modules and guides

Regular Members – these are paid annual memberships at USD$50 / year. Unlike the registered members, regular members have access to a wider list of resources and functionalities such as individual online profile, technical modules and guides, supplier directory, member forum, digital consultations, property listing, and additional support and services.

Premium Members – finally the premium annual memberships at USD$150 per year, with a one-time onboarding fee USD$200 per property (not room or apartment). Premium members have access to all of the above features, plus listing support including copywriting or photography if needed, vetting of the heritage & restoration qualities of their property, as well as the additional marketing and promotional support to maximise the presence of their online Listing(s) including but not limited to exposure on social media (Facebook, Instagram, LinkedIn), monthly newsletter push, GDN ads, and others. Please consult your local Membership Services Officers to get the full details. 

 

Membership Process and Documentations

 

2.2. You will be asked to provide us with certain registration information. This information must be true and accurate. We will send you an email confirmation once your account has been created and activated. 

2.3. Only people over the age of 18 can create an account and become a Heritage Homes Member. Also, please do not create more than one account with us. For regular members, a single account entitles the homeowner to multiple listings (multiple properties) while Premium members pay USD$200 onboarding fee for each property. A property can have multiple rooms or apartments. 

2.4. When you choose a username and/or password during the account sign-up process, please keep it confidential and do not disclose it to anyone else.

2.5. Your personal information will be collected and handled in accordance with our Privacy Policy. You warrant to us that all data provided by you is accurate.

 

3. Agents / Managers

 

3.1. If you are a Heritage Homes Member acting in the capacity of an agent for a Homeowner you hereby confirm and warrant to us and the other party that you have the irrevocable authority to enter into and bind the Homeowner under these Terms & Conditions including the right to offer Listings. You further warrant that the Homeowner has read and understood these Terms of Service, and understands that by authorising you to act as their agent/Manager they are bound by these Terms.

 

4. Currency Payment Terms

 

4.1. “Adjusted Exchange Rate” means the Base Exchange Rate plus a fee of between 0 and 5% plus any applicable sales taxes charged by the Heritage Homes for certain cross-border transactions.

4.2. “Base Exchange Rate” means an exchange rate which is applicable at the time of the Booking and is established by Heritage Homes using data from one or more third parties such as Open Exchange (https://openexchangerates.org/). It is updated regularly, but may not be identical to the real-time market rate. It does not include any fee or mark-up by the Heritage Homes.

4.3. “Booking Currency” means the currency in which a User pays for his or her fees. The Guest will be able to see their Booking Currency when proceeding with a payment. The Booking Currency for a Booking may be different from the relevant Listing Country Currency.

4.4. “Listing Country Currency” means the default currency associated with the country in which the Listing is located. For example, the Listing Country Currency for a Listing located in Tbilisi would be Georgian Lari, and the Listing Country Currency for a Listing located in Manila would be Pesos. 

4.5. “Payment Method” means the financial instrument you have selected at check-out, such as a credit card, debit card or PayPal account.

4.6. Heritage Homes will process each transaction in the currency you select as your Booking Currency. The currencies available to pay in for any given transaction may be limited by regulatory or operational reasons. If a Guest submits a Booking Request for a Listing using a Booking Currency that is different from the Listing Country Currency, Heritage Homes will calculate the property Charges and Service Fees in the Booking Currency by applying the Base Exchange Rate or the Adjusted Exchange Rate to the property Charges and  Service Fee to the Listing Country Currency at the time of the Booking Request. The Base Exchange Rate will be applied if Heritage Homes is unable to process your transaction in the default currency of your Payment Method; in all other cases the Adjusted Exchange Rate will apply.

4.7. You can view Listings in many currencies. To change your currency view, or the currency you wish to pay in, scroll to the bottom of any page and click on the currency field to select the currency you want to view or pay in. This will be your Booking Currency.

4.8. If the Booking Currency selected is not supported by Heritage Homes the payment currency will automatically reset to the Listing Country Currency.

4.9. When a confirmed Booking is modified or cancelled, and a currency conversion has been applied, the Guest’s payment or refund will be processed in the same currency as the currency used in the Booking, calculated as above using the appropriate rate of currency conversion at the time of the change.

 

5. The Homeowner Member Environment

 

5.1. For any questions or issues relating to memberships please contact us through the following email addresses.

 

 

 

6. Listing a property for short term and mid term stays by guests

 

BRIEF GUIDE TO HOMEOWNERS

 

6.1. Guests may use the website to review Listings, check availability, and make a request to book, to rent, to buy or invest. 

6.2. Short term stays refer to overnight bookings to as much as less than a month whereas Mid term stays refer to bookings for 1 month to less than 6 months of stay. In case of Short Term and Mid Term Stays, the Guest is then taken to a page where they review the Booking Request which will set out details of the Booking. If they wish to proceed then the Guest confirms the Booking Request by entering payment details, accepting the Terms of Service and the Homeowners Applicable Cancellation Policy and where appropriate the House Rules. By doing this the Guest confirms the Booking Request.

6.3. By confirming the Booking Request and providing their payment card details, the Guest is offering to enter into a licence to occupy the Homeowners property for the stated period at the stated price, in accordance with the terms of the Guest/Homeowner Agreement. The Guest is also offering to pay for any additional services set out in the Booking Request.

By submitting a Booking Request the Guest is agreeing to be bound by these Terms of Service, the Guest/Homeowner Agreement, the Homeowner’s Applicable Cancellation Policy and the House Rules. They are also confirming that they have reviewed the Listing and that the property is suitable for any specific needs that they may have.

6.4. The Property Listing will indicate if the Homeowner has selected the “instant book” service or “request to book” service. If “instant book” has been selected, the Guest will receive a Booking Confirmation within minutes. If “request to book” has been selected, then within 24 hours of the Booking Request the Homeowner is obliged to send to the Guest either a Booking Confirmation or a notification that the Booking has been rejected. Please consult the Membership Services Officer assigned to your account for more details. 

A booking (“Booking”) is confirmed at the date and time when a Booking Confirmation is sent to the Guest and this is the Booking Time for the purposes of applying and interpreting the Homeowner’s Applicable Cancellation Policy

6.5. At the same time as sending the Booking Confirmation, we will collect payment of the amount set out in the Booking Request. We act as the Homeowner’s and Guest’s intermediary web platform for concluding the agreement for the occupation of the property. The Guest will be responsible for all taxes arising as a result of its rental of the property including for example any hotel or tourist tax (or equivalent) and other relevant and applicable local taxes or fees. 

6.6. As Guest, once your Booking has been confirmed, the reservation is personal, exclusive and non-transferable without prior consent of the Homeowner

6.7. The Guest and the Homeowner agree that a legally binding contract between the Guest and the Homeowner on the terms of the Guest/Homeowner Agreement is formed and entered into when the Booking Confirmation is dispatched. Heritage Homes is not a party to the Guest/Homeowner Agreement, unless Heritage Homes manages a property on behalf of one of our members in which case it is explicitly labelled as such. The Guest and the Homeowner agree with each other and with the Heritage Homes that they will at all times comply with the terms of the Guest/Homeowner Agreement entered into in relation to the Booking.

6.8. If the Guest and the Homeowner mutually agree any terms or arrangements which are outside the scope of the Guest/Homeowner Agreement then any such terms or arrangements are at the risk of the Guest and Homeowner and do not form part of any agreement facilitated by Heritage Homes and Heritage Homes shall exclude all liability relating to any such terms or arrangements. Any such terms must not conflict with these Terms of Service and these Terms of Service take precedence.

 

GUEST’S RESPONSIBILITIES

 

6.9. Guests agree with the Homeowner and Heritage Homes:

 

6.9.1. to leave the property no later than the check-out time that the 

Homeowner specifies in the Listing or such other time as mutually 

agreed upon between you and the Homeowner;

6.9.2. that if they stay past the agreed check-out time without the Homeowner’s consent, they no longer have a licence to stay in the property and the Homeowner is entitled to make the Guest leave in a manner consistent with applicable law;

 

6.9.3. to pay to the Homeowner (through Heritage Homes as the Homeowner’s collection agent) on demand an overstay fee (as defined below) for the period from and including the check-out time until the Guest checks out of the property; and that the Homeowner may instruct Heritage Homes (acting as the Homeowner’s collection agent) to deduct such overstay fee from the Guest’s payment card.

 

6.9.4. The “overstay fee” is calculated at a daily rate for each 24 hour 

period starting at the check-out time and is the total sum of the following:

• an amount equivalent to two times the average nightly property Charges for the Booking; plus

• an amount equivalent to the linked Service Fee; plus

• any reasonable ancillary costs for example payment charges that are incurred by the Homeowner and/or Heritage Homes in taking payment; plus 

• legal expenses incurred as a result of the Guest overstaying.

 

6.10. Certain fees are payable in relation to our short stay services as follows:

The “Booking Charges”: these are the charges that we collect from Guests on behalf of Homeowners for the occupation of the Homeowner’s property

The “ Service Fee”: this is the fee that we charge to Guests and Homeowners for the provision of our service. For short term rentals, the Service Fees are 15% of the total Booking Charges plus applicable sales taxes. For mid term rentals Heritage Homes charges a fee of 11% of the total contract value plus applicable sales taxes. This fee shall be paid on a monthly basis, when rent is collected. Guests and Homeowners acknowledge and agree that once the Booking Confirmation has been sent, the Service Fee is non-refundable, other than in the limited circumstances set out in the Guest Refund Policy and/or the Homeowner’s Applicable Cancellation Policy. Heritage Homes may charge Guests and Homeowners for other products and services from time to time. These will be agreed with the Homeowner or Guest at the relevant time.

6.11. The Homeowner appoints and expressly authorises Heritage Homes to act as a collection agent solely for the limited purpose of taking payments from and, where applicable providing refunds to, the Guest on behalf of the Homeowner in relation to Bookings. You, as Guest, acknowledge and agree that if we take any payments from you, we are doing so as a collection agent acting on behalf of the Homeowner for the limited purpose of accepting payments from you and passing the property Charges and if applicable the Security Deposit and other payments due to the Homeowner in accordance with the terms of these Terms & Conditions, the Guest/Homeowner Agreement and the / Homeowner Agreement and, as collection agent, we will be the merchant on record for taking payments.

6.12. Guests shall be responsible for paying any hotel or tourist tax (or equivalent) that may be payable in relation to the occupation of the relevant property under applicable law. 

6.13. The Guest expressly authorises the Heritage Homes (on behalf of the Homeowner) to deduct from their payment card the cost of any damage to the property and its contents, (other than reasonable wear and tear), which occurred during their stay up to the value of the available Security Deposit (after taking into account any other claims on the Security Deposit) . If the cost of the damage to the property is greater than the value of available balance on the Security Deposit, the Guest will still be liable to the Homeowner for the full cost of the damage and the balance shall be paid by the Guest to the Homeowner on demand. Any complaints the Guest may have in relation to deductions made from the Security Deposit should be addressed in accordance with Clause 11 “Complaints and Dispute Resolution” below.

6.14. If the Homeowner requires Heritage Homes to make any deductions from the Security Deposit we will notify the Guest of the deduction within 48 hours of making the deduction together with the Homeowner’s reasons for the deduction.

On some occasions the Guest and Homeowner may agree to a security deposit being paid in advance of the stay. When this applies the Homeowner will take the relevant security deposit from the Guest and any additional particular terms relating to such deposit may be agreed between the parties. 

 

CANCELLATION BY GUEST

 

6.15. Guests can cancel a Booking at any time subject to the terms of the cancellation policy selected by the Homeowner to apply to the Booking (“Homeowner’s Applicable Cancellation Policy”) which is set out in the Listing for the property.

6.16. The terms of the Homeowner’s Applicable Cancellation Policy are incorporated into these Terms of Service and are binding on all parties. Possible cancellation policies include: Strict Cancellation Policy; Reasonable Cancellation Policy; and Relaxed Cancellation Policy. It is very important that before making a Booking, Guests check on the Listing which Homeowner’s Applicable Cancellation Policy applies to their Booking and that Guests read and understand the terms of the Homeowner’s Applicable Cancellation Policy. If Guests do not understand any of the terms of the Homeowner’s Applicable Cancellation Policy they should contact Heritage Homes who will explain. By making a Booking, Guests confirm that they understand and are bound by the terms of the Homeowner’s Applicable Cancellation Policy which will be strictly interpreted.

6.17. The Guest acknowledges and agrees that refunds are only available in accordance with Homeowner’s Applicable Cancellation Policy (unless the Guest Refund Policy set out below applies).

6.18. To cancel the Guest must send an email to heritagehomes@doheain.com which must clearly state that the Guest is cancelling their Booking. The time that our server receives their email will be the time that the Guest has notified us of the cancellation and will be the time taken to be the cancellation date and time (the “Cancellation Time”) for the purposes of applying the terms of the Homeowner’s Applicable Cancellation Policy.

6.19. We will notify the Homeowner of the cancellation notification within 1 working day of receiving the email from the Guest.

6.20. The  Service Fee is non-refundable except if the Booking qualifies for free cancellation in accordance with the Homeowner’s Applicable Cancellation Policy or if the Guest is entitled to a refund under the Guest Refund Policy. If the  Service Fee is refundable we will refund it to the payment card used for the Booking. The Homeowner will refund any part of the property Charges due to the Guest in accordance with the Homeowner’s Applicable Cancellation Policy to the payment card used for the Booking within 14 days of a valid cancellation.

6.21 If the Guest arrives for check-in with a greater number of guests or animals than as booked or is clearly going to be in breach of the House Rules set out in the relevant Listing then the Homeowner is entitled to refuse access to the property and this will be a deemed cancellation on the day of check-in by the Guest and the Homeowner’s Applicable Cancellation Policy will apply. The Homeowner must notify us within 1 hour of this event.

6.22. If the Guest fails to turn up for the check-in within 24 hours of the check-in time set out in the Listing then it is deemed a cancellation by the Guest (unless otherwise agreed by the Homeowner) and the Homeowner’s Applicable Cancellation Policy shall apply. If the Guest is going to be late for check-in then they should notify the Homeowner through the Heritage Homes platform or by phoning us in advance of the check-in time in order to rearrange a new check-in time with the Homeowner. If the Guest is going to be late then the Homeowner and the Guest will cooperate with each other to arrange a new reasonably acceptable check-in time.

6.23. Guest Refund Policy

 

6.23.1. Homeowners agree not to cancel a Booking except in

exceptional circumstances.

 

6.23.2. Nonetheless if the Homeowner:

 

     6.23.2.1. cancels a Booking; or

 

     6.23.2.2. is deemed to have cancelled a Booking 

(“deemed cancellation”) because either they did not 

give access to the property at the check-in time or 

any rearranged mutually agreed reasonable time 

(e.g. did not provide access to keys or any necessary 

security codes)

 

6.23.3. In case of exceptional circumstances, when as 

Guest, you have satisfied the following conditions

 

6.23.3.1. you have not directly or indirectly caused 

the circumstances set out above (through your 

action, omission or negligence); and

 

6.23.3.2. you are the Guest that made 

the Booking; and

 

6.23.3.3. you have used reasonable endeavours to 

cooperate with the Homeowner if they needed to 

arrange an alternative reasonable 

check-in time; and

 

6.23.3.4. you notified the Homeowner if you were going to be unavailable at the check-in time and made reasonable alternative check-in arrangements then you may notify us of your refund claim. You must do this within 24 hours of the Homeowner’s cancellation or deemed cancellation.

 

6.23.4. We will then notify the Homeowner and if we, at our sole discretion, agree that there are exceptional circumstances and that the Guest satisfied all of the conditions, provided that the Guest has not made (and has confirmed to us that they will not make) a chargeback request, we will, in cooperation with the Guest, either:

 

6.23.4.1. transfer the Booking/payment to another reasonably equivalent Heritage Homes property of the Guest’s choice (subject to availability and suitability).

If the charges for the new property are:

 

6.23.4.2. less than 20% higher than the charges for the 

property originally booked then Heritage Homes will 

pay the additional amount;

 

6.23.4.3. more than 20% higher then the charges over 

the 20% figure will be payable by the Guest,

 

6.23.4.4. lower than the charges for the property originally booked we and the Homeowner agree to refund any excess to the Guest.; or

 

6.23.4.5. refund to the Guest the property Charges,  Service Fee and any fees or payments that the Guest paid for additional services when they made the Booking.

 

    6.23.4.6 if the Homeowner disputes the Guest’s claim for a 

refund then, having considered the evidence from both 

parties, we will determine whether a refund is due to 

the Guest and our determination shall be final and 

binding on all parties.

 

    6.23.4.7. Both the Guest and the Homeowner agree that they 

will act in good faith and cooperate with us and each other in 

the event of a refund claim being made.

 

6.23.5. Please note that neither we, nor any Homeowner, will be responsible for any additional fees, costs or expenses that the Guest has incurred in relation to a cancelled Booking (including travel costs, event tickets, moving fees etc.). The Guest is therefore strongly advised to take out adequate travel insurance to cover any Booking made via Heritage Homes.

6.23.6. The Guest may also be entitled to a refund from the Homeowner of the property Charges and any additional payments that the Guest paid for additional services when they made the booking where they can prove that the cancellation of a Booking is due to reasons set out in clause 12.6 below, which were not known at the time of making the Booking.

 

7. Listing a property for long term rent

 

7.1. Homeowner members may  list their property as a property for long term rent. Heritage Homes defines long-term as rentals for a period of 6 months or more. 

7.2. Long term rentals are to be uploaded and listed under the Rent category. 

7.3. All long term rentals require the signing of the Heritage Homes standard lease agreement, which can be found on this website. This lease agreement has been designed with the objective to be as simple and convenient as possible for lessees, while at the same time offering benefits and protection that longer rentals through a booking platform do not easily have. 

7.4. For long term rentals Heritage Homes charges one month, collected at the time of signing or collected as an 8& addition on the monthly rental fees. 

 

8. Listing a property for sale

 

8.1. Homeowner members may list their property as a property for sale. 

8.2. Coming soon

 

9. Listing a property for investment 

 

9.1. Homeowner members may list their property as a property for investment. 

9.2. All terms and conditions related to restoration investment are included in the following documents, which can be requested for review by homeowners considering to list their property for investment: 

Restoration Investment Memorandum of Understanding (hyperlink)

Exclusive Service Agreement Heritage Homes – Homeowner (hyperlink)

 

10. Additional services

 

10.1 Heritage Homes provides a variety of services, from building condition assessments to design to interior design. 

10.2 The delivery of all additional services is stipulated by service agreements signed for each specific service. 

 

11. Complaints and dispute resolution

 

11.1. The following provisions apply to disputes that arise between Guests and Homeowners in relation to Bookings. If a heritage home is managed by Heritage Homes, Heritage Homes assumes responsibility on behalf of the Homeowner. 

 

Disputes on check-in

 

11.2. If the Homeowner has provided an inventory and the Guest finds that there are items missing from the inventory or that the appliances in the property are materially not as described in the Listing or not in working order then the Guest must notify the Homeowner within 24 hours of check-in.

11.3. If the Guest reports any issue then the Homeowner must use all reasonable endeavours to remedy the situation to the Guest’s reasonable satisfaction within 24 hours of notification. If it is not possible to remedy within 24 hours then the Homeowner must communicate with the Guest and arrange for remedy as soon as reasonably practicable.

 

Disputes arising during the guest’s stay

 

11.4. If during the Guest’s stay any problems arise with the property and/or the appliances in the property then the Guest must notify the problems to the Homeowner as soon as reasonably possible and in any event within 24 hours of discovery of the problem, the Homeowner must use all reasonable endeavours to remedy the situation to the Guest’s reasonable satisfaction within 24 hours of being notified of it. If it is not possible to remedy within 24 hours then the Homeowner must communicate with the Guest and arrange for remedy as soon as reasonably practicable.

11.5. Any complaint from a Homeowner in relation to damage to the property or any other issue with the stay must be communicated to the Guest and to us within 48 hours after the Guest’s departure.

11.6. Any complaint or dispute from a Guest in relation to deductions from the Security Deposit must be communicated to the Homeowner and us within 48 hours of the Guest being notified of the deduction.

 

Reporting to Heritage Homes mediation and arbitration

 

11.7. The Guest and the Homeowner agree to act in good faith and cooperate with each other to resolve any dispute. However if the Homeowner and the Guest have not resolved any dispute referred to in Clause 7.2-7.6 within 48 hours of one party notifying the other of the dispute then either party may notify Heritage Homes.

11.8. The Homeowner must notify the Heritage Homes within 48 hours after the Guest’s departure if damage has been caused to the property. We will also ask the Homeowner to provide evidence of any such damage. If the Homeowner does not make a notification within 48 hours, we will presume that any damage is not the fault of the Guest, unless evidence suggests otherwise.

11.9. Where a complaint has been escalated to us (including a complaint in relation to damage to the property and/or deductions from the Security Deposit), we will investigate the issue and respond to the Guest and/or the Homeowner as soon as is reasonably practicable. We will use the contact information provided in the Booking Confirmation to communicate with each party unless otherwise advised. Each party will need to provide us with all information and evidence we reasonably require to investigate the complaint. We will use our reasonable endeavours to mediate and resolve any dispute within 7 days after it is first notified to us, but we give no warranty or undertaking that we will successfully mediate any dispute during this 7-day time period, or at all.

11.10. If after 7 days from the date of notification to Heritage Homes of any dispute (or earlier if Heritage Homes decides in its absolute discretion that it will not be able to facilitate a resolution of the dispute within that time), the dispute has not been resolved, then the Guest and the Homeowner may agree to professional mediation.

11.11. Both parties agree to cooperate with and assist the Heritage Homes in good faith, and to provide the Heritage Homes with such information and take such actions as may be reasonably requested by Heritage Homes, in connection with any damage claims or other complaints or claims made by the other party relating to the stay at the property or any personal or other property located at an property.

11.12. The Guest agrees not to issue proceedings against Homeowner or initiate a chargeback on the payment card until the expiry of any mediation and/or Arbitration proceedings.

 

12. Cancelling your Heritage Homes membership terms 

 

12.1. You may cancel your registration with us (and therefore your Heritage Homes Membership) at any time by sending an email to hhmemberships@doheain.com.

12.2. We may suspend or terminate your registration (and therefore your Heritage Homes Membership), by sending you an email, if you have breached these Terms of Service (or we reasonably suspect you have done so).

12.3. Please note that cancelling your membership will not entitle you to any refund for the remainder of the membership period. 

 

13. Content-related provisions

 

13.1. We own all rights in our website and all content that is made available through our website, including all text and images and photographs in relation to your property (digital content). This includes all intellectual property rights. Exempt to this are the images submitted and shared by the homeowners of which rights and legal responsibilities rest on the respective homeowner who made the submission. 

Homeowners who submit their property images must ensure its full usage rights. Heritage Homes will not be held liable for any copyright infringements or liabilities and that Heritage Homes hereby assumes that all submitted images are free to use for listing purposes as well as for all other online needs (i.e. advertisements, social media, newsletters, etc.).  The homeowner also herewith grants Heritage Homes the right to edit and enhance the images as they see fit to assure that the images depict the best quality of their property. Heritage Homes will not be held liable for any unknown legal implications tied to the use of the submitted images/materials in cases where the homeowner failed to disclose. 

13.2. In consideration of you agreeing to abide by these Terms & Conditions we grant you as Homeowner a non-transferable, non-exclusive, non-commercial licence to use our website and the digital content during the period of your Heritage Homes Membership for the purposes of managing your property. Anything outside these uses are prohibited including use of our photographs. We reserve all other rights.

13.3. You agree not to:

(a) copy any element of our website or digital content other than our authorised use of your Award assets as permitted by these Terms and Conditions. 

(b) make alterations to, or modifications of, the whole or any part of our website or the digital content, or permit our website or any part of it to be combined with, or become incorporated in, any other programs;

(c) use any element of our website or the digital content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms of use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, or misuse our website by knowingly introducing trojans, worms, logic bombs or other material which is malicious or technologically harmful;

(d) attempt to gain unauthorised access to our website, the server(s) on which our website is stored or any server, computer or database connected to our website;

(e) attack our website via a denial-of-service attack or a distributed denial-of service attack on our website;

(f) publish any defamatory, indecent, misleading, discriminatory or offensive content on our website;

(g) disclose any sensitive or personal information about another person;

(h) impersonate any person;

(i) use our website or digital contact to find a Homeowner and then complete a booking of their property independent of our website, in order to circumvent the obligation to pay the  Service Fee;

(j) directly advertise to other Heritage Homes Members without our consent;

(k) use any data mining, data gathering or data extraction tools to collect user names, e-mail addresses or any other data from our website for any purpose; or

(l) infringe our intellectual property rights or those of any third party in relation to your use of our website or the digital content.

13.4. To the extent that our website provides a platform for third party applications, websites and services or links to third party websites, you acknowledge and agree that we are not responsible for the features or content contained within, or made available to you by, any third party application, service or link.

 

14. Access to and use of our website

 

14.1. Heritage Homes is unable to guarantee that access to the Heritage Homes website, platform and other Heritage Homes applications will always be available, or that any content on it will be free of interruption, errors or omissions. However, we will use reasonable skill and care to avoid any such interruptions, unavailability, errors or omissions by having appropriate performance, security and quality controls in place.

14.2. We do not guarantee that our website will be secure or free from bugs or viruses.

 

15. Concluding

 

15.1. Each clause, sub-clause and paragraph of these Terms of Service operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses, paragraphs or sub-clauses will remain in full force and effect.

15.2. If there is any conflict between these Terms of Condition and the national and/or local laws and regulations (“Local Laws”) applying to the Listing, property and/or Booking; and/or then the Local Laws shall prevail.

15.3. These terms of use, their subject matter and their formation, are governed by Georgian law. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, judicial proceedings that you are able to bring arising from or in connection with this Agreement may only be brought in a court located in Georgia or a court with jurisdiction in your place of residence. If the Homeowner wishes to enforce any of its rights against you as a consumer, they may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of Georgian courts. 

15.4. In the event that a document needs to have a formal signature from a party then we, the Guest and the Homeowner agree that it may be signed by electronic signature (whatever form the electronic signature takes) and that this method of signature is as conclusive of the party’s intention to be bound by the document as if signed by that party’s manuscript signature. For the avoidance of doubt the Homeowner/ Agreement and the Guest/Homeowner Agreement do not need a formal signature as their terms are binding in accordance with the provisions contained in these Terms of Service..