Welcome to www.staydomio.com (the "Site").
Domio, Inc. (hereinafter "Domio", "We", "Us", or "Our") provides an online platform or marketplace that connects guests to Accommodations (as defined below) and other services described herein (collectively, the "Services"). Please read the Terms (as defined below) carefully. The Terms contain important information regarding your legal rights and obligations, and include various limitations and exclusions of Our liability. By using the Site, you agree to comply with and be legally bound by these Terms (collectively with any terms, conditions, and/or policies incorporated herein by reference, the "Terms"), whether or not you use any Services or make any Reservations (as defined below). These Terms govern your access to and use of the Site and all Content (as defined below), and constitute a binding legal agreement between you and Domio.
Last Updated: March 19, 2019
"DOMIO", "STAYDOMIO", and "COMFORT OF A HOME. CONFIDENCE OF A HOTEL." are trademarks and service marks of Domio, Inc. All rights reserved. These and other Domio graphics, logos, trademarks, and service marks of Domio, Inc. may not be used without prior written consent of Domio, Inc. All other trademarks, service marks, product names, company names, and logos appearing on the Site are the property of their respective owners.
Domio is a professional management company with operations throughout the United States that professionalizes the alternative lodging industry with a vision to enhance modern travel. We lease vacation rental properties, as well as master lease large multifamily properties, in top gateway markets and furnish all units to Our luxurious brand standards, including providing upgrades to the design and overall appearance of Our units. When booking with Us, whether through Our Site or with third-party providers (e.g., Airbnb, HomeAway, VRBO, Booking.com, Expedia), you are booking an Accommodation maintained and operated by Domio.
You must be 18 years or older and be able to enter into legally binding contracts to access and use the Site and Services. The Site and Services are intended solely for persons who are 18 years old or older. Any access to or use of the Site and/or Services by anyone under 18 years old is expressly prohibited. By accessing or using the Site and/or Services, you represent and warrant that you are 18 years or older, and indicate that you have read, understand, and agree to these Terms, whether or not you have registered with the Site or confirmed a Reservation. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
You acknowledge that Our Site contains information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively, "Content") that are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Domio, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. § 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without first obtaining Our written permission.
The below Subsections apply only to booking Accommodations through Our Site. When you book a Domio Accommodation through other third-party service providers (e.g., Airbnb, HomeAway, VRBO, Booking.com, Expedia, etc.), you are subject to that third-party service provider’s terms of service and other applicable terms, agreements, rules, regulations, and/or guidelines.
As set forth in Section 2, above, Domio master leases vacation rentals and multifamily properties, which We design, furnish, maintain, and operate for short term use by Our guests ("Accommodations"). To book an Accommodation through Our Site, you must search for a property in a desired city and select the dates of your stay (the "Reservation Procedure").
Once you have completed the Reservation Procedure and your Personal and Payment Information has been processed and verified, We will send you a confirmation e-mail regarding your Accommodation to the e-mail address you provided. Once you have booked an Accommodation, Domio grants you a limited license to enter, occupy, and use the Accommodation for the duration of your stay, during which time Domio (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation in accordance with these Terms.
You agree to leave the Accommodation no later than the checkout date and time that is specified in your confirmation e-mail. Except as provided in Subparagraph F, below, if you stay past the agreed upon checkout date and time without Our consent ("Overstay"), you will no longer have a license to stay in the Accommodation, and Domio is entitled to make you leave in a manner consistent with applicable law. Additionally, you hereby acknowledge and agree to pay, for each 24-hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two times (2x) the average nightly listing fee originally paid by you to cover the inconvenience suffered by Us, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by Us to make you leave (collectively, "Overstay Fees"). If you Overstay at an Accommodation, you authorize Domio to charge you to collect Overstay Fees.
In addition to paying the listing fee for an Accommodation, you will also be charged for other fees that may be applicable to your Accommodation, including, but not limited to, cleaning fees; service charges; and state and local use, sales, hotel, lodging, and/or occupancy taxes (collectively, "Additional Fees"). All Additional Fees for Accommodations booked through Our Site will be listed during the Reservation Procedure and itemized on the invoice sent to the e-mail address you provide. Some of Our properties, such as Dōmio Baronne St. (888 Baronne Street, New Orleans, Louisiana), have a mandatory Facilities Fee, which fee is added to and itemized on your invoice, and optional parking on-site, which fee is added to and itemized on your invoice should you utilize same.
At any time before or during your stay at an Accommodation, but no later than 24-hours prior to your agreed upon checkout date and time, you may extend your stay so long as there is no booking conflict with another guest for the Accommodation. To extend your stay, you may call Us at (833) 693-6646 or write to Us by e-mail at email@example.com and state your desired extension. If the Accommodation is available, We will process your extension and send you confirmation of same as set forth in Subsection A, above. Extensions on Accommodations are subject to Additional Fees.
In the event an Accommodation becomes unavailable prior to your agreed upon reservation, We will notify you by e-mail at the e-mail address you provide Us and automatically cancel your booking. At that time, you will have the option to either (a) obtain a full refund on your Accommodation, or (b) relocate to another Accommodation of lessor or equal value, subject to availability.
In the event you want to modify your Accommodation, you may call Us at (833) 693-6646 or write to Us by e-mail at firstname.lastname@example.org and state your desired modification, which modification is subject to the availability of other Accommodations.
You may cancel an Accommodation at any time prior to check-in by calling Us at (833) 693-6646 or writing Us by e-mail at email@example.com. Full refunds on Accommodations are permitted when you cancel within 48 hours after booking same provided the agreed-upon check-in date is more than seven days following the cancellation notice. If you cancel an Accommodation more than 48 hours after booking same, which cancellation notice is not less than seven days prior to your agreed upon check-in date, you will receive a 50 percent refund. No refunds are permitted for cancellations within seven days of the agreed-upon check-in date.
As a guest of Our properties, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You and those in your party are responsible for your own acts and omissions, and you and those in your party are also responsible for the acts and omissions of any individuals whom you/your party invite to, or otherwise provide access to, the Accommodation.
Should We determine that you, someone in your party, or someone you invited to the Accommodation damaged real or personal property during your stay, including, but not limited to, broken furniture or fixtures, holes in walls, and smoking inside the Accommodation, you hereby acknowledge, agree, and authorize Us to charge the card identified when you provided the Payment Information. The charge(s) to replace/repair damaged real and/or personal property will be itemized and sent to the e-mail address you provided during the Reservation Procedure. You will have 30 days to dispute the charges for damage(s) to the Accommodation. To submit a dispute, please send an e-mail to us at firstname.lastname@example.org detailing your reason for disputing the charge(s) for damages.
As a company that holds various intellectual property rights, Domio mutually respects the rights of other intellectual property owners. We do not use or operate the Site for the purpose of infringing the rights of third parties; We encourage you to report any content on Our Site that you believe infringes on your intellectual property rights. Only the owner of intellectual property rights, or person authorized to act on behalf of the right-owner, can report potentially infringing content. If you have a good-faith belief that Content on Our Site infringes on your copyright, trademark, service mark, or other intellectual property rights, please follow the procedures set forth below.
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
(d) information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any Content on the Site contains content that violates your rights other than copyright, please provide Us with the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Us to locate the materials;
(c) an explanation of what rights you own and why you believe the Content infringes on your rights sufficient for Us to evaluate your complaint; and
(d) accurate contact information for you.
Please send your notice and complaint regarding alleged intellectual property infringement contained on Our Site to:
91 Fifth Avenue, Floor 6
New York, New York 10003
Attn: Legal Department
This Site may contain links to third-party websites or resources. You acknowledge and agree that Domio is not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, services, or functionality on or available from such websites or resources; or (iii) the privacy practices of those websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources, products, or services on or available from such websites or resources.
Our goal is to connect guests with delightful, curated experiences. While we rarely are involved in disputes with our guests and pride ourselves on this fact, We understand that, from time to time, We may be required to resolve disputes with Our guests. This Dispute Resolution and Arbitration provision (the "Arbitration Agreement") shall apply if (i) your country of residence is the United States of America; or (ii) your country of residence is not the United States, but you bring a claim against Domio in the United States of America (to the extent not in conflict with this Section 13).
By using this Site and booking Accommodations through Our Services, you agree that any controversy or claim arising out of or relating to the Site and/or Services, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA. The arbitration hearing shall take place at JAMS, 620 8th Avenue, 34th Floor, New York, New York 10018, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and Domio agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, or cyber-attack).
The laws of New York State, without regard to New York State’s rules regarding conflict of laws, shall apply to any disputes arising out of or relating to these Terms, your use of the Site, or the Services. Any claims arising out of or relating to these Terms and/or your use of the Site and Services (other than small claims actions) that are excluded from the Arbitration Agreement in Section 12 shall be litigated exclusively in the state or federal courts of New York State, New York County, and you and Domio waive any and all rights to a trial by jury and consent to personal jurisdiction in those courts.
Any waiver by Us of a breach of any provision of these Terms shall not operate or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms. Our failure to insist upon strict adherence to any of these Terms on one or more occasions shall not be considered a waiver to deprive Us the right thereafter to insist upon strict adherence to that Term or any other Term of these Terms. These Terms shall be binding upon and inure to the benefit of Domio and its respective successors and assigns. Our failure to exercise or enforce any right provision of these Terms shall not constitute a waiver of such right or provision.
You acknowledge and agree that Domio, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to all or part of this Site, and remove and discard any information or Content or any of the site, for any reason. You further agree that Domio shall not be liable to you or to any other person as a result of any such suspension or termination.
We reserve the right to modify these Terms at any time in accordance with this provision. If We make changes to these Terms, We will post the revised Terms on the Website at http://www.staydomio.com/terms/ and update the "Last Updated" date at the top of this page. Your continued use of the Site and/or Services will constitute your acceptance of the revised Terms.
These Terms, including all terms, conditions, and policies that are incorporated into these Terms by reference, constitute the entire agreement between you and Domio, and supersede any prior agreements that you may have with Domio. To the maximum extent legally possible, the invalidity or unenforceability of any provision of these Terms will not affect any of the other provisions hereof.
If you have any questions about these Terms; want to contact Domio to provide Feedback (as defined below) on these Terms, the Site, and/or Services; or require additional information regarding the Terms, Site, and/or Services, please contact Us by mail or email at the following:
91 Fifth Avenue, Floor 6
New York, New York 10003
By submitting any Feedback, including, but not limited to, comments, suggestions, and ideas (collectively, "Feedback"), to Us, you hereby acknowledge and agree that you automatically and irrevocably grant to Domio an unrestricted, unconditional, unlimited, worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use your Feedback, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill, and any other intellectual property or proprietary rights whatsoever contained in your Feedback. You further agree that, to the fullest extent permissible under applicable law, Domio and its subsidiaries, Providers, and affiliated companies, and their respective officers, directors, employees, agents, suppliers, and other representatives, will have unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, archive, post, translate, reproduce, distribute (through multiple tiers), publish, transmit, broadcast, display (whether publicly, digitally, or otherwise), disclose, adapt, create derivative works based upon, perform (whether publicly, digitally, or otherwise), develop, manufacture, and use for advertising, marketing, publicity, and promotional purposes, any of your Feedback or portions of same, in any form, media software, or technology of any kind now known or developed in the future for any purposes whatsoever, including, but not limited to, developing, manufacturing, and marketing Domio, the Site, and/or the Services.