12.2 You agree to cooperate with and assist Partyclub in good faith, and to provide Partyclub with such information and take such actions as may be reasonably requested by Partyclub with respect to any investigation undertaken by Partyclub regarding Content on the Partyclub Platform or the use or abuse of the Partyclub Platform.
12.3 Partyclub provides Members and third parties, including designated trusted flaggers with the means to notify Partyclub of allegedly illegal Content (including copyright infringements) on the Partyclub Platform by using our electronic notification form (“Content Notification”). Learn more about how to report Content on our Help Center.
12.4 As part of its own initiative investigations and the review of Content Notifications, Partyclub uses various processes and tools to identify, review, and moderate Content. This may include human review, automated review, or a combination of both. If automated means have been used to review Content, and Partyclub has subsequently taken action with respect to that Content, Partyclub will notify the Member who posted the Content of the use of automated means to the extent that legitimate interests of Partyclub and its Members do not preclude such notice.
12.5 Misuse of Content Notifications. Partyclub is entitled to suspend the processing of Content Notifications for a reasonable period of time, if the Notifier in question frequently submits notifications that are manifestly unfounded. Where appropriate, Partyclub will issue a warning prior to such a suspension. When deciding on a suspension, Partyclub will take into account all relevant facts and circumstances apparent from the information available to Partyclub, including (i) the amount, severity and frequency of unfounded notifications; (ii) the ratio of unfounded notifications to all notifications of the Notifier; and (iii) the intentions pursued by the Notifier, insofar as they can be determined by Partyclub.
- Termination, Suspension and other Measures.
13.1 Term. The agreement between you and Partyclub reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Partyclub may terminate this agreement for any reason by providing you 30 notice via email or using any other contact information you have provided for your account. Partyclub may also terminate this agreement immediately and without prior notice and stop providing access to the Partyclub Platform if (i) you materially breach these Terms or our Additional Legal Terms, or Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Partyclub, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years.
13.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations or third party rights, (iii) you provide Content that is illegal or incompatible with these Terms, (iv) you have repeatedly received poor reviews or Partyclub otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Partyclub, its Members, or third parties, Partyclub may:
· suspend or limit your access to or use of the Partyclub Platform and/or your account;
· suspend, remove, disable access to, or restrict the visibility of Listings, reviews or other Content;
· cancel pending or confirmed bookings; or
· suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Partyclub and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
If we take any of these measures, Partyclub will, where required, inform you about the measure with a statement of reasons in accordance with its legal obligations.
13.4 Legal Mandates. Partyclub may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body.
13.5 Effect of Termination. If you are a Host and terminate your Partyclub account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Partyclub Platform has been limited, or your Partyclub account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Partyclub Platform through an account of another Member.
- Handling System.
14.1 If you are a Member with your country of residence or establishment Partyclub takes any of the measures on the grounds that Content provided by you is illegal or incompatible with these Terms, you may submit a complaint against such a measure through our internal complaint handling system. Learn more about how to submit a complaint on our Help Center.
14.2 Partyclub’s complaint handling system is also available to Members and third parties with their country of residence or establishment who have submitted a Content Notification of these Terms, if the notification has been rejected in whole or in part by Partyclub.
14.3 A complaint may be submitted via our complaint handling system for a period of six (6) months, beginning in the day on which a Member is informed about the measure taken and with the day on which the Notifier is informed about the rejection of their Content Notification.
14.4 Partyclub is entitled to suspend the processing of complaints from Members and Notifiers for a reasonable period of time, if the Member or Notifier in question frequently submits complaints that are manifestly unfounded. Where appropriate, Partyclub will issue a warning, prior to such a suspension. When deciding on a suspension, Partyclub takes into account all relevant facts and circumstances apparent from the information available to Partyclub, including (i) the amount, severity and frequency of unfounded complaints; (ii) the ratio of unfounded complaints to all complaints; and (iii) the intentions pursued by the Member or Notifier, insofar as can be determined by Partyclub.
14.5 Members addressed by Notifiers that have submitted Content Notifications which have been rejected by Partyclub, are entitled to select a certified out-of-court dispute settlement body in order to resolve disputes relating to those measures, including complaints that have not been resolved by means of our complaint handling system. Both parties will engage, in good faith, with the selected dispute settlement body to resolve the dispute. Partyclub reserves the right to refuse to engage with the dispute settlement body if a dispute regarding the same Content and grounds for alleged illegality of the Content or its alleged inconsistency with these Terms has already been resolved or is already subject to an ongoing procedure before a competent court or before another competent out-of-court dispute settlement body.
14.6 For all other inquiries and complaints that are not subject to Partyclub’s complaint handling system, Members can contact our customer service.
- Modification of these Terms.
When we propose changes to these Terms, we will post the revised Terms on the Partyclub Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email notifications, through the Partyclub Platform, messaging service, or any other contact method made available by us and selected by you at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Partyclub, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Partyclub Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
- Resolving Complaints and Damage Claims between Members.
16.1 If a Member provides valid evidence that you, your guest(s), or your pet(s) have culpably:
(i) damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation owner is not also the Host), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in, or
(ii) caused loss of booking income for bookings via the Partyclub Platform or other consequential damages, which result directly from the damage caused under (i) above; or
(iii) otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee (each of (i), (ii), and (iii) being a "Damage Claim"),
You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, you authorize Partyclub via Partyclub Payments to collect the amount of the Damage Claim from you.
16.2 If the Host and Guest cannot resolve, or a Guest fails to pay a Damage Claim, the Host can contact us under the terms and seek compensation. Party
