Guest Refund Policy Terms
These terms and conditions govern the JWguest.com Guest Refund Policy (the "Guest Refund Policy ”) available to guests who book and pay for an Accommodation listed by a Host through the JWguest.com platform (the "Site") and suffer a Travel Issue or decide for a cancellation, or a date change, and the obligations of the Host associated with the Guest Refund Policy.
1. Travel Issue
(a) the Host of the Accommodation:
- (i) cancel a reservation shortly before the scheduled start of the reservation, or
- (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g., by giving the keys and a security code)
(b) the description of the Accommodation in the listing on the Site is materially inaccurate concerning:
- (i) the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms)
- (ii) whether the reservation for the Accommodation is for a private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the reservation,
- (iii) special amenities or features represented in the listing description are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or
- (iv) the physical location of the Accommodation (proximity).
(c) at the start of the Guest's reservation, the Accommodation:
- (i) is not generally clean and sanitary
- (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in JWguest judgment
- (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or
- (iv) has vermin or contains pets not disclosed on the listing.
2. The Guest Refund Policy.
If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either:
- (i) reimburse you up to the amount paid by you through the Site, as determined by JWguest.com at our discretion, depending on the nature of the Travel Issue suffered or
- (ii) to help you use our reasonable efforts to find and book another Accommodation for any unused nights left in your reservation which, in our determination, is reasonably comparable to the Accommodation described in your original reservation size, rooms, features, and quality.
JWguest.com's determinations concerning the Guest Refund Policy, including the size of any refund, shall be final and binding on the Guests and Hosts.
3. Conditions to Claim a Travel Issue.
Only a Guest may submit a claim for a Travel Issue. If you are a Guest, to offer a valid claim for a Travel Issue and receive the benefits concerning your reservation, you are required to meet each of the following conditions:
(a) you must bring the Travel Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 12 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue.
(b) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence).
(c) you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.
4. Minimum Quality Standards, Host Responsibilities, and Reimbursement to Guests.
If you are a Host, you are responsible for ensuring that the Accommodations you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety, and cleanliness, and do not present a Guest with Travel Issues. During the 12 hours following the guest's check-in, the host should be available or make a third party known to try, in good faith, to resolve the guest's issues.
If you are a Host, and if (i) JWguest.com determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) JWguest.com either reimburses that Guest any amount up to the amount paid by the Guest through the Site for the Accommodation or provides an alternative Accommodation to the Guest, you agree to reimburse JWguest.com up to the amount paid by JWguest.com within 30 days of request.
All determinations of JWguest.com concerning the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and Hosts. You also agree that for you to reimburse JWguest.com up to the amount paid by JWguest.com, JWguest.com may offset or reduce any amounts owed by JWguest.com to you by this amount.
If the Guest remains for part (over 12 hours from the check-in) or all of the stay despite the Travel Issue, the Guest will not receive a refund. Suppose the Guest is relocated to an alternative Accommodation. In that case, you may lose part or all of the Accommodation Fee payment for the booking, and you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Accommodation. In any case, the Booking Insurance Fee is not refundable.
The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host. If you dispute the Travel Issue, you may notify us in writing within 12 hours from your Check-in and provide us with information (including photographs or other evidence) denying the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest before disputing the Travel Issue claim.
The Host agrees that all determinations of JWguest.com concerning the Travel Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, JWguest.com, at its discretion, may elect to take additional actions. These actions include but are not limited to negatively affecting your listing ranking, automated reviews indicating Travel Issues, canceling future bookings, suspending or removing the Accommodation listing, or imposing penalties or fees for the administrative burden associated with the Travel Issues. JWguest.com manages the refunds by bank transfer only.
5. General Provisions
(a) No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. JWguest.com reserves the right to modify or terminate this Guest Refund Policy at any time, at its sole discretion, and without prior notice. If JWguest.com changes this Guest Refund Policy, we will post the modification on the website, and JWguest.com will continue to process all claims for Travel Issues made before the effective date of the change.
(c) Entire Agreement and Definitions. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between JWguest.com and you regarding the Guest Refund Policy and supersedes it. It replaces any prior oral or written understandings or agreements between JWguest.com and you regarding the Guest Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning outlined in the JWguest.com Terms of Service.
(d) Controlling Law. This Guest Refund Policy will be interpreted following the laws of the Foro di Lugano, Canton Ticino, Switzerland, without regard to its conflict-of-law provisions.
6. Contacting JWguest.com
If you have questions about the Guest Refund Policy, please get in touch with JWguest.com at [email protected].
Updated: March 07, 2024