Payments Terms of Service
These Payments Terms of Service (“Payments Terms”) are a binding legal agreement between you and Seascapes that govern the Payment Services (defined below) conducted through or in connection with the Seascapes Platform. When these Payments Terms mention “Seascapes,” “we,” “us,” or “our,” it refers to the Seascapes company you are contracting with for Payment Services.
- Seascapes provides payments services to Guests booking Accommodations, these payment services may include (if available) the following (collectively, “Payment Services”):
- Collecting payments from Guests (“Payin”), by charging the payment method associated with their Seascapes account, such as credit card, debit card, bank account or PayPal account (“Payment Method”);
- Effecting payments to Seascapes (“Payout”) to a financial instrument associated with their Seascapes account, such as a PayPal account, bank account, a prepaid card, or a debit card (“Payout Method”);
- In order to use the Payment Services, you must be at least 18 years old and must keep your payment and personal information accurate and complete.
Seascapes Payment Services
By using the Payments Services, you agree to comply with these Payments Terms. Seascapes may temporarily limit or suspend your access to or use of the Payment Services, or its features, to conduct maintenance measures that ensure the proper functioning of the Payment Services. Seascapes may improve, enhance, and modify the Payment Services and introduce new Payment Services from time to time. Seascapes will provide notice to Guests of any changes to the Payment Services unless such changes do not materially increase the Users’ contractual obligations or decrease the Users’ rights under these Payments Terms.
Your Seascapes Account
Seascapes may enable features that allow you to authorize other Guests or third parties to take certain actions that affect your account. You acknowledge and agree that anyone you authorize to use your account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
You authorize Seascapes, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include
- screening you against third-party databases or other sources,
- requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or
- requiring you to take steps to confirm ownership of your email address, Payment Method(s), or Payout Method(s). Seascapes reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Seascapes’ service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Seascapes Payments may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Seascapes’ Services (sometimes called a reservation in these Terms) is formed directly between you and the Seascapes. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Seascapes.
An Accommodation reservation is a limited license to enter, occupy, and use the Accommodation. Seascapes retains the right to re-enter the Accommodation during your stay, to the extent:
- it is reasonably necessary,
- permitted by your contract with Seascapes, and
- consistent with applicable law. If you stay past checkout, Seascapes has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
Cancellations, Travel Issues, and Refunds
In general, if as a Guest you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If Seascapes cancels, or you experience a Travel Issue (as defined in our Guest Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the Guest Refund Policy.
By using the Seascapes Platform as a Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.
A “Travel Issue” means any one of the following:
- Seascapes cancels a booking shortly before the scheduled start of the booking or fails to provide the Guest with the reasonable ability to access the Accommodation (e.g., does not provide the keys and/or a security code).
- The Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:
- the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
- special amenities or features represented in the Listing 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 conditioning systems, or
- The physical location of the Accommodation (proximity).
- At the start of the Guest’s booking, the Accommodation:
- is not generally clean and sanitary (including unclean bedding and/or bathroom towels);
- contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in Seascapes’ judgment
- has vermin or contains pets not disclosed in the Listing.
The Guest Refund Policy
If you are a Guest and suffer a Travel Issue, you are covered by this policy as follows:
Up to 24 hours after check-in. If you report a Travel Issue up to 24 hours after check-in, we agree, at our discretion, to either
- reimburse you the amount paid by you through the Seascapes Platform (“Total Fees”) or,
- use our reasonable efforts to help you find and book for any unused nights left in your booking another Accommodation which is reasonably comparable to or better than the Accommodation described in your original booking in terms of size, rooms, features, and quality. Seascapes shall decide whether an issue reported by a Guest qualifies as a Travel Issue, whether to reimburse or rebook a Guest who suffers a Travel Issue, and whether an alternate Accommodation is comparable or better.
More than 24 hours after check-in. If you report a Travel Issue more than 24 hours after check-in, we agree, at our discretion, to either
- reimburse you up to the Total Fees depending on the nature of the Travel Issue suffered, or
- use our reasonable efforts to help you find and book another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features, and quality.
Seascapes’ decisions under the Guest Refund Policy are final and binding on Guests but do not affect other contractual or statutory rights you may have. Any right that you may have to initiate legal action remains unaffected.
Conditions for making a Claim
To submit a valid claim for a Travel Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:
- you must be the Guest that booked the Accommodation;
- you must report the Travel Issue to us in writing or via telephone within 24 hours of discovering the existence of the Travel Issue, and you must provide us with information (including photographs, videos, or other written or tangible evidence) about the Accommodation and the circumstances of the Travel Issue;
- you must respond to any requests by us for additional information or cooperation on the Travel Issue within the time specified by Seascapes;
- you must not have directly or indirectly caused the Travel Issue (through your action, omission, or negligence);
- unless otherwise specified by Seascapes or Seascapes advises you that the Travel Issue cannot be remediated, you must use reasonable efforts to try to remedy the circumstances of the Travel Issue with Seascapes; and
- in order to receive a reimbursement of Total Fees or assistance with booking an alternative Accommodation, you must agree to vacate the Accommodation. If you choose to stay in the Accommodation, you may still qualify for a partial refund at Seascapes’ discretion as described in this policy (regardless of whether you reported the Travel Issue up to 24 hours after check-in).
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.
Modification or Termination
Seascapes reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If Seascapes modifies this Guest Refund Policy, we will post the modification on the Seascapes Platform or provide you with notice of the modification and Seascapes will continue to process all claims for Travel Issues made prior to the effective date of the modification according to the then applicable policy.
This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Seascapes and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Seascapes and you regarding the Guest Refund Policy.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation. For example, this means:
- you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, and
- you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
Your Assumption of Risk
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Seascapes Platform and any Content, including your stay at any Accommodation, or any other interaction you have with other Guests whether in person or online.
Adding a Payment Method
When you add a Payment Method to your Seascapes account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Seascapes or its third-party payment processor(s). You authorize Seascapes and its payment service providers to collect and store your Payment Method information.
Payment Method Verification
When you add or use a new Payment Method, Seascapes may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Seascapes account so it can be used for a future transaction. You can remove the Payment Method from your Seascapes account as long as it is not associated with an active or future reservation.
You allow Seascapes to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Seascapes account.
Automatic Update of Payment Method
If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
Timing of Payment
Seascapes generally charges the Total Price due after Seascapes accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), Seascapes will collect the Total Price due at the time of your booking request or after the Seascapes accepts your booking request. Seascapes may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Seascapes Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
Seascapes will process each transaction in the currency you select via the Seascapes. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your Seascapes contracting entity(ies). Any such limitations will be communicated via Seascapes, and you will be prompted to select a different currency or Payment Method. Note that if your Seascapes contracting entity’s location is different than the country of your Payment Method, or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. If you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Seascapes is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
Booking Request Status
If a requested booking is declined either because it is not accepted by Seascapes or you cancel the booking request before it is accepted by the Seascapes, any amounts collected by Seascapes will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
Seascapes reserves the right to decline or limit payments that we believe
- may violate Seascapes’ risk management policies or procedures,
- may violate these Payments Terms or the Terms,
- are unauthorized, fraudulent, or illegal; or
- expose you, Seascapes, or others to risks unacceptable to Seascapes.
Payment Service Providers
Your Payment Method, Your Responsibility
Seascapes is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
If Seascapes is unable to collect your payment, Seascapes will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize Seascapes to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on Seascapes’ cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to Seascapes’ cancellation policy.
For certain bookings (such as for Accommodation bookings of twenty-eight (28) nights or more), Seascapes may require a Guest to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Seascapes if applicable to a booking.
If Recurring Payments apply to a confirmed booking, then the Guest authorizes Seascapes to collect the Total Price due.
Guests may stop a Recurring Payment by notifying Seascapes. Seascapes requires written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within those fourteen (14) days, Seascapes is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Seascapes.
Seascapes may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Seascapes Platform.
You authorize Seascapes to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either
- charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Seascapes account (unless you have previously removed the authorization to charge such Payment Method(s)), or
- by withholding the amount from your future Payout. Specifically, you authorize Seascapes to collect from you:
- Any amount due to Seascapes (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest or user of the Seascapes Platform),
- Taxes, where applicable and as set out in the Terms.
- Overstay penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty.
- Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if Seascapes cancels a confirmed booking).
- In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Seascapes’ collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
If Seascapes is unable to collect any amounts you owe under these Payments Terms, Seascapes may engage in collection efforts to recover such amounts from you.
- Seascapes will deem any owed amounts overdue when: for authorized charges, one hundred and twenty (120) days have elapsed after Seascapes first attempts to charge your Payment, whichever is later.
- Seascapes will deem any overdue amounts not collected to be in default when three hundred and sixty-five (365) days have elapsed: for authorized charges, after Seascapes first attempts to charge your Payment Method or the associated services have been provided, whichever is later.
- You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Seascapes by you. Such communications may be made by Seascapes or by anyone on their behalf, including but not limited to a third-party collection agent.
Payment Processing Errors
Seascapes will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Seascapes or a third party such as your financial institution. We may also take steps to recover funds sent to you in error. To the extent you receive any funds in error, you agree to immediately return such funds to Seascapes.
Any refunds or credits due to a Guest pursuant to the Terms, Extenuating Circumstances Policy, and Guest Refund Policy will be initiated and remitted by Seascapes in accordance with these Payments Terms.
Seascapes will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Seascapes will initiate and process the refund as soon as is practicable.
Damage Claims and Security Deposits
If you as a Guest
- agree to pay Seascapes in connection with a Damage Claim, or
- Seascapes determines that you are responsible for damaging any real or personal property at a Listing pursuant to the Terms, you authorize Seascapes to charge the Payment Method used to make the booking in order to collect any security deposit associated with the Listing, as well as any fees, costs and/or expenses associated with the Damage Claim. If Seascapes is unable to collect from the Payment Method used to make the booking, you agree that Seascapes may charge any other Payment Method on file in your Seascapes account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)).
You agree that Seascapes may seek to recover from you under any insurance policies you maintain and that Seascapes may also pursue against you any remedies it may have available.
If Seascapes holds funds due to you or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not, and you agree that you will not and will not assist or enable others to:
- Breach or circumvent any applicable laws or regulations;
- Breach or circumvent any agreements with third parties, third-party rights, or the Terms, Policies, or Standards;
- Use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- Register or use any Payment Method or Payout Method with your Seascapes account that is not yours or you do not have authorization to use;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Seascapes or any of Seascapes’ providers or any other third party to protect the Payment Services;
- Take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You may not use or assist others to use the Payment Services to send or receive funds:
- into any United States embargoed countries; or
- to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Seascapes shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Seascapes, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease, strikes or shortages of transportation facilities, fuel, energy, labor, or materials (“Force Majeure Event”).
If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Seascapes account in any way, you are responsible for the actions taken by that person. Neither Seascapes nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with
- these Payments Terms,
- from the use of or inability to use the Payment Services, or
- from any communications, interactions, or meetings with other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Seascapes has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Seascapes and you. If you reside outside of the U.S., this does not affect Seascapes’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Seascapes’ option), indemnify, and hold Seascapes and its affiliates harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
- your breach of these Payments Terms;
- your improper use of the Payment Services;
- your failure, or our failure at your direction, to accurately report, collect or remit taxes; or
- your breach of any laws, regulations, or third-party rights.
Except as otherwise required by applicable law, Seascapes may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Seascapes Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
This agreement between you and Seascapes reflected by these Payment Terms is effective when you create a Seascapes account or use the Payment Services and remains in effect until either you or we terminate this agreement.
You may terminate this agreement at any time by sending us an email or by deleting your Seascapes account. Terminating this agreement will also serve as notice to cancel your Seascapes account pursuant to the Terms. Without limiting our rights specified below, Seascapes may terminate this agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address. Seascapes may also terminate this agreement immediately without notice if
- you have materially breached your obligations under this agreement;
- you have provided inaccurate, fraudulent, outdated, or incomplete information;
- you have violated applicable laws, regulations, or third-party rights; or
- Seascapes believes in good faith that such action is reasonably necessary to protect other Guests, Seascapes, or third parties.
Suspension and Other Measures
Seascapes may limit or temporarily or permanently suspend your use of or access to the Payment Services
- to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body,
- if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights,
- if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method,
- for any amounts you owe under these Payments Term that are overdue or in default, or
- if Seascapes believes in good faith that such action is reasonably necessary to protect the personal safety or property of Seascapes, its Guests, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method
If Seascapes takes any of the measures described, you may appeal such a decision by contacting Seascapes.
Governing Law and Dispute Resolution
If you are contracting with Seascapes, these Payments Terms will be interpreted in accordance with the laws of the State of Georgia and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement must be brought in state or federal court in Atlanta, Georgia, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Atlanta, Georgia.
Overview of Dispute Resolution Process
Seascapes is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this applies: (1) an informal negotiation directly with Seascapes’ customer service, and if necessary (2), a binding arbitration administered by the American Arbitration Association (“AAA”). You and Seascapes each retain the right to seek relief in small claims court as an alternative to arbitration
Mandatory Pre-Arbitration Dispute Resolution and Notification
At least 30 days prior to initiating an arbitration, you, and Seascapes each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Seascapes by mailing it to Seascapes’ agent for service (You must connect with Seascapes Customer Service representatives to retain mailing information). Seascapes will send its notice of dispute to the email address associated with your Seascapes account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
Agreement to Arbitrate
You and Seascapes mutually agree that any dispute, claim, or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Seascapes agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement
You and Seascapes each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15):
- any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or
- a request for the remedy of public injunctive relief. You and Seascapes agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
Arbitration Rules and Governing Law
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
Modification of AAA Rules – Attorney’s Fees and Costs
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, crossclaim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Jury Trial Waiver
You and Seascapes acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
No Class Actions or Representative Proceedings
You and Seascapes acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action, and requested remedies are resolved by the arbitrator.
In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.
Changes to Agreement to Arbitrate
If Seascapes changes these terms and conditions after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Seascapes (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Seascapes.
These terms and conditions will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Seascapes account.
Interpreting these Payments Terms
Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Seascapes and you regarding the subject matter hereof and supersede any and all prior oral or written understandings or agreements between Seascapes and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Seascapes’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Seascapes’ prior written consent. Seascapes may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.
Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Seascapes via email or Seascapes Platform notification, and depending on your notification setting, messaging service (including SMS). The date of receipt will be deemed the date on which Seascapes transmits the notice.
Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company, or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company, or other legal entity).
- You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
- You and your Representative individually affirm that you are authorized to provide the information and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
- You represent and warrant to us that:
- you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and
- you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
- If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Seascapes for Work, as permitted by your account, you authorize Seascapes to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
- For any Payout Method linked to your Seascapes account, you authorize Seascapes to store the Payout Method, remit payments using the Payout Method for bookings associated with your Seascapes account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
- If you handle, store, or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see Visa and Mastercard
Personal information we collect
Information needed to use the Seascapes Platform
We collect personal information about you when you use the Seascapes Platform. Without it, we may not be able to provide you with all services requested. This information includes:
- Contact Information, Account, Profile Information
- Such as your first name, last name, phone number, postal address, email address, date of birth, and profile photo, some of which will depend on the features you use.
- Identity Verification and Payment Information
- Such as images of your government issued ID (as permitted by applicable laws), your ID number or other verification information, bank account or payment account information.
Information you choose to give us
You can choose to provide us with additional personal information. This information may include:
- Additional Profile Information
- Such as gender, preferred language(s), city, and personal description. Some of this information as indicated in your account settings is part of your public profile page and will be publicly visible.
- Address Book Contact Information
- Address book contacts you import or enter manually.
- Other Information
- Such as when you fill in a form, add information to your account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team and other Guests, or share your experience with us. This may include health information if you choose to share it with us.
Information Automatically Collected by Using the Seascapes Platform and our Payment Services
When you use the Seascapes Platform and Payment Services, we automatically collect personal information. This information may include:
- Geo-location Information
- Such as precise or approximate location determined from your IP address or mobile device’s GPS depending on your device settings. We may also collect this information when you’re not using the app if you enable this through your settings or device permissions.
- Usage Information. Such as the pages or content you view, searches for Listings, bookings you have made, and other actions on the Seascapes Platform.
- Log Data and Device Information. Such as details about how you’ve used the Seascapes Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Seascapes Platform. We may collect this information even if you haven’t created a Seascapes account or logged in.
- Cookies and Similar Technologies
- Payment Transaction Information
- Such as payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details.
Personal Information We Collect from Third Parties
We collect personal information from other sources, such as:
- Third-Party Services
- If you link, connect, or login to the Seascapes Platform with a third-party service (e.g., Google, Facebook, WeChat), you direct the service to send us information such as your registration, friends list, and profile information as controlled by that service or as authorized by you via your privacy settings at that service.
- Background Information
- For Guests in the United States, to the extent permitted by applicable laws, we may obtain reports from public records of criminal convictions or sex offender registrations. For Guest outside of the United States, to the extent permitted by applicable laws and with your consent where required, we may obtain the local version of police, background, or registered sex offender checks. We may use your information, including your full name and date of birth, to obtain such reports.
- Enterprise Product Invitations and Account Management
- Organizations that use our Enterprise products may submit personal information to facilitate account management and invitations to use enterprise products.
- Referrals and co-traveler
- If you are invited to the Seascapes Platform such as a co-traveler on a trip, the person who invited you can submit personal information about you such as your email address or other contact information.
- Other Sources
- To the extent permitted by applicable law, we may receive additional information about you, such as references, demographic data, or information to help detect fraud and safety issues from third party service providers and/or partners and combine it with information we have about you. For example, we may receive background check results or fraud warnings from identity verification service providers for use in our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Seascapes Platform, or about your experiences and interactions from our partners. We may receive health information, including but not limited to health information related to contagious diseases.
How we use information we collect
Provide, Improve, and Develop the Seascapes Platform
We use personal information to:
- enable you to access the Seascapes Platform and make and receive payments,
- enable you to communicate with other Guests,
- perform analytics, debug, and conduct research,
- provide customer service,
- send you messages, updates, security alerts, and account notifications,
- if you provide us with your contacts’ information such as your friends or co-travelers, we may process this information:
- to facilitate your referral invitations,
- to share your trip details and facilitate trip planning,
- for fraud detection and prevention, and (iv) to facilitate your requests or for any other purpose you authorize,
- personalize and customize your experience based on your interactions with the Seascapes Platform, your search and booking history, your profile information and preferences, and other content you submit, and
- enable your use of our enterprise products.
Create and Maintain a Trusted and Safer Environment
We use personal information to
- detect and prevent fraud, spam, abuse, security and safety incidents, and other harmful activity,
- conduct security investigations and risk assessments,
- verify or authenticate information provided by you,
- conduct checks against databases and other information sources, including background or police checks,
- comply with our legal obligations, protect the health and well-being of our Guests and members of the public,
- resolve disputes with our Guests,
- enforce our agreements with third parties,
- comply with law, respond to legal requests, prevent harm, and protect our rights
- enforce our Terms and other policies and
- in connection with the activities above, we may conduct profiling based on your interactions with the Seascapes Platform, your profile information and other content you submit to Seascapes, and information obtained from third parties. In limited cases, automated processes could restrict or suspend access to the Seascapes Platform if such processes detect activity that we think poses a safety or other risk to Seascapes, our community, or third parties. If you would like to challenge the decisioning based on the automated process, please contact us via the Contact Information section below.
Provide, Personalize, Measure, and Improve our Advertising and Marketing
We may use personal information to:
- send you promotional messages, marketing, advertising, and other information based on your preferences and social media advertising through social media platforms,
- personalize, measure, and improve our advertising,
- administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Seascapes or its third-party partners,
- analyze characteristics and preferences to send you promotional messages, marketing, advertising, and other information that we think might be of interest to you, and
- invite you to events and relevant opportunities.
Provide Payment services
Personal information is used to enable or authorize third parties to use Payment Services:
- Detect and prevent money laundering, fraud, abuse, security incidents.
- Conduct security investigations and risk assessments.
- Comply with legal obligations (such as anti-money laundering regulations).
- Enforce the Payment Terms and other payment policies.
- With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.
- Provide and improve the Payment Services.
Sharing with Your Consent or at Your Direction
Where you provide consent, we share your information as described at the time of consent, such as when authorizing a third-party application or website to access your Seascapes account or participating in promotional activities by Seascapes partners or third parties.
Where permissible with applicable law, we may use certain information about you, such as your email address, de-identify it, and share it with social media platforms, to generate leads, drive traffic to Seascapes or otherwise promote our products and services.
Sharing Between Guests
To help facilitate bookings or other interactions between Guests, we may need to share certain information such as:
- When a booking request is made or dispute is submitted, certain information may be shared between Guest(s) and Seascapes, including profile, name, names of any additional Guests, cancellation history, review information, age of guest (unless prohibited by applicable law), dispute outcome (when applicable) and other information you choose to share and submit. When a booking is confirmed, additional information is shared to assist with coordinating the trip, like profile photo and phone number.
- When you as a Guest invite additional Guests to a booking, your full name, travel dates, listing details, the Accommodation address, and other related information will be shared with each additional Guest.
Information You Publish in Profiles, Listings, and other Public Information
You can make certain information publicly visible to others, such as:
- Your profile pages
- Reviews, ratings, and other public feedback.
- Content in a community or discussion forum, blog, or social media post.
We may display parts of your public profile and other Content you make available to the public like Listing details on third-party sites, platforms, and apps. Information you share publicly on the Seascapes Platform may be indexed through third-party search engines. In some cases, you may opt-out of this feature in your account settings.
Complying with Law, Responding to Legal Requests, Preventing Harm and Protecting our Rights
We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary:
- to comply with our legal obligations,
- to comply with a valid legal request or to respond to claims asserted against Seascapes,
- to respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory
- to enforce and administer our agreements with Guests, or
- to protect the rights, property or personal safety of Seascapes, its employees, its Guests, or Guests of the public.
Where appropriate, we may notify Guests about legal requests unless:
- providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or
- we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to Seascapes, our Guests, or expose Seascapes to a claim of obstruction of justice.
For jurisdictions where Seascapes facilitates the collection and remittance of Taxes where legally permissible according to applicable law, we may disclose Guests’ information about transactions, bookings, Accommodations, and occupancy Taxes to the applicable tax authority, such as Guest names, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Seascapes from Guests, and contact information.
We share personal information with affiliated and unaffiliated service providers to help us run our business, including service providers that help us:
- verify your identity or authenticate your identification documents,
- check information against public databases,
- conduct background or police checks, fraud prevention, and risk assessment,
- perform product development, maintenance and debugging,
- allow the provision of the Seascapes Services through third-party platforms and software tools (e.g., through the integration with our APIs),
- provide customer service, advertising, or payments services,
- process, handle or assess insurance claims or similar claims, or
- facilitate non-profit and charitable activities consistent with Seascapes’ mission. These providers are contractually bound to protect your personal information and have access to your personal information to perform these tasks.
To support us in providing, integrating, promoting, and improving the Seascapes Platform, Payment Services, and our affiliates’ services, we may share personal information within our corporate family of companies that are related by common ownership or control.
Analyzing your Communications
We may review, scan, or analyze your communications on the Seascapes Platform for reasons outlined in the “How We Use Information We Collect” section of this policy, including fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, enforcing our Terms of Service, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other sites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. Occasionally we may need to manually review communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your messaging communications to send third-party marketing messages to you and we will not sell reviews or analyses of these communications.
Linking Third-Party Accounts
You can link your Seascapes account with certain third-party services like social networks. Your contacts on these third-party services are referred to as “Friends.” When you direct the data sharing by creating this link:
- some of the information provided to us from linking accounts may be published on your public profile,
- your activities on the Seascapes Platform may be displayed to your Friends on the Seascapes Platform and/or that third-party service,
- a link to your public profile on that third-party service may be included in your Seascapes public profile,
- other Seascapes users may be able to see any Friends that you may have in common with them, or that you are a Friend of their Friend if applicable,
- other Seascapes users may be able to see any schools, hometowns, or other groups you have in common with them as listed on your linked social networking service,
- information you provide to us from the linking of your accounts may be stored, processed, and transmitted for fraud prevention and risk assessment purposes, and
- publication and display of information that you provide to the Seascapes Platform through this linkage is subject to your settings and authorizations on the Seascapes Platform and the third-party service.
Third-Party Partners & Integrations
You can exercise any of the rights described in this section consistent with applicable law. Please note that we may ask you to verify your identity and request before taking further action on your request.
Managing Your Information
You can access and update some of your personal information through your Account settings. If you connected your Seascapes Account to a third-party service, like Facebook or Google, you can change your settings and unlink from that service in your Account settings. You are responsible for keeping your personal information up to date.
In certain jurisdictions, you can request that your personal information be deleted. Please note that if you request the erasure of your personal information:
- We may retain your personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend a Seascapes Account for fraud or safety reasons, we may retain information from that Seascapes Account to prevent that Guest from opening a new Seascapes Account in the future.
- We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Seascapes and Seascapes Payments may keep information for tax, legal reporting, and auditing obligations.
- Information you have shared with others (e.g., Reviews, forum postings) will continue to be publicly visible on Seascapes, even after your Seascapes Account is cancelled. However, attribution of such information to you will be removed. Some copies of your information (e.g., log records) will remain in our database, but are disassociated from personal identifiers.
- Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
While no organization can guarantee perfect security, we are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration.