1.0 Introduction
1.1 Purpose
This Dispute Resolution Agreement ("Agreement") is entered into between you ("User," "Host," or "Guest") and DirectStay ("we," "us," or "our"). This Agreement governs the resolution of any disputes arising from or related to your use of the DirectStay Platform, including any Bookings or transactions conducted through our services.
1.2 Acceptance
By using the DirectStay Platform, you agree to the terms of this Dispute Resolution Agreement. If you do not agree with these terms, you should not use our services.
2.0 Scope of this Policy
2.1 Covered Disputes
This Agreement applies to any dispute, claim, or controversy arising out of or related to your use of the DirectStay Platform, including but not limited to disputes related to Bookings, payments, property listings, or any services provided through the Platform.
2.2 Excluded Disputes
This Agreement does not apply to disputes that are exempt from arbitration under applicable law, such as claims related to intellectual property rights or any other matters excluded by applicable law.
3.0 Informal Dispute Resolution
3.1 Initial Contact
Before initiating formal dispute resolution proceedings, both parties agree to attempt to resolve any disputes informally. You agree to contact DirectStay at [email protected] with a written description of your dispute and the resolution you are seeking.
3.2 Response Time
DirectStay will review your complaint and attempt to respond within 30 days of receipt. Both parties will make reasonable efforts to resolve the dispute through good-faith negotiations.
3.3 Escalation
If the dispute is not resolved informally within 60 days of your initial written notice, either party may escalate the dispute to the formal resolution procedures outlined below.
4.0 Binding Arbitration
4.1 Agreement to Arbitrate
If informal resolution fails, you and DirectStay agree that any disputes shall be exclusively resolved through binding arbitration administered by a mutually agreed-upon arbitration institution or, in the absence of agreement, by a recognized arbitration body.
4.2 Arbitration Procedures
The arbitration shall be conducted in accordance with the rules and procedures of the chosen arbitration institution. The arbitration will take place in the state of Wyoming, or virtually if both parties agree. The decision of the arbitrator shall be final and binding on both parties.
4.3 Arbitration Costs
Each party shall be responsible for its own arbitration fees unless the arbitrator determines that one party's claim or defense is frivolous or brought in bad faith, in which case the arbitrator may award costs and fees to the prevailing party.
4.4 Limited Discovery
In arbitration, discovery is limited and will not include class or collective discovery. Each party may request documents directly relevant to the dispute, and the arbitrator may permit additional limited discovery based on the circumstances.
5.0 Governing Law
5.1 Applicable Law
This Agreement and any disputes arising from it shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.
5.2 Jurisdiction
To the extent any dispute is not subject to arbitration, both parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Wyoming.
6.0 Class Action Waiver
6.1 No Class Actions
You and DirectStay agree that all disputes will be resolved on an individual basis. You expressly waive any right to file or participate in a class action lawsuit, class-wide arbitration, or any other representative proceeding.
6.2 Severability of Waiver
If this class action waiver is found to be unenforceable by a court, the class action shall proceed in court rather than arbitration. In such cases, the remainder of this Agreement shall still apply.
7.0 Limitation of Liability
7.1 Damages Cap
Regardless of the outcome of any dispute resolution proceeding, DirectStay's total liability to you for any claims or damages arising from or related to this Agreement or the Platform shall not exceed the total fees paid by you to DirectStay in the 12 months preceding the claim.
7.2 Exclusion of Consequential Damages
In no event shall DirectStay be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to any dispute, even if DirectStay has been advised of the possibility of such damages.
8.0 Opting Out of Arbitration
8.1 Opt-Out Right
You have the right to opt out of this Agreement to arbitrate within 30 days of first using the Platform. To opt out, you must send a written notice to [email protected] clearly stating your intent to opt out of the arbitration provisions.
8.2 Effect of Opt-Out
If you opt out of arbitration, any disputes between you and DirectStay will be resolved through the courts in Wyoming. Opting out of arbitration does not affect the class action waiver provisions of this Agreement.
9.0 Final Provisions
9.1 Modifications
DirectStay reserves the right to modify this Dispute Resolution Agreement at any time. Any changes will be communicated through the Platform. Continued use of the Platform after changes constitutes acceptance of the revised Agreement.
9.2 Severability
If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
9.3 Entire Agreement
This Dispute Resolution Agreement, along with the DirectStay Terms of Service, Guest Agreement, and Host Agreement (where applicable), constitutes the entire agreement between the parties regarding dispute resolution.
9.4 Waiver
No failure to enforce any provision of this Agreement shall constitute a waiver of the right to enforce it in the future.
10.0 Contact Information
If you have any questions regarding this Dispute Resolution Agreement, please contact:
Email: [email protected]Phone: 866-779-STAY