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Hosting Terms of Service

1. Introduction and Binding Effect

These Host Terms and Conditions (“Host Terms”) constitute a legally binding agreement between Sofaree Digital Services OPC (“Sofaree,” “we,” “us,” or “our”) and any individual or entity (“Host,” “you,” or “your”) who lists, manages, or offers accommodations or experiences on the Sofaree platform (the “Platform”).

These Host Terms are incorporated into and must be read together with Sofaree’s:

  • General Terms of Service

  • Host Payout Policy

  • Host Cancellation and Refund Appendix

  • Security Deposit and Damage Claim Policy
    (collectively, the “Platform Policies”).

2. Platform Role; No Agency; No Control Over Premises

2.1 Marketplace Intermediary Only

Sofaree operates solely as a digital marketplace and booking facilitation platform. Sofaree is not a property owner, hotel operator, resort operator, real estate broker, travel agent, tour operator, trustee, escrow agent, or fiduciary of any Host or Guest, except where expressly required by applicable law.

2.2 No Agency, Partnership, or Joint Venture

Nothing in these Host Terms shall be deemed to create any agency, partnership, joint venture, employment, or principal-agent relationship between Sofaree and any Host. Hosts act independently and exclusively on their own behalf.

Sofaree does not control, manage, operate, supervise, or maintain any Host property and exercises no control over on-site operations, safety, staffing, or guest conduct.

3. Host Eligibility; Anti-Colorum and Regulatory Compliance

3.1 Legal Capacity

Hosts must be at least eighteen (18) years old and legally capable of entering into contracts under Philippine law.

3.2 DOT Accreditation and LGU Permits (Philippines)

Where required under Philippine law, including DOT Administrative Order No. 2019-003, the Host warrants and represents that they:

  • hold valid Department of Tourism (DOT) Accreditation;

  • possess all required LGU permits, including mayor’s permit, barangay clearance, and business registration;

  • comply with zoning, fire safety, health, and occupancy regulations.

3.3 Mandatory Upload and Continuing Compliance

Hosts agree to upload and maintain current copies of their DOT Accreditation and Business Permit during onboarding and upon renewal.

Sofaree reserves the right to:

  • suspend or delist any Host,

  • withhold payouts, or

  • restrict platform access

if accreditation or permits lapse, are revoked, or are not provided upon request.

Responsibility for regulatory compliance rests solely with the Host.

4. Data Privacy and Personal Data Handling (DPA 2012)

4.1 Independent Personal Information Controllers

Upon receipt of Guest personal data, Hosts acknowledge that they act as independent Personal Information Controllers under Republic Act No. 10173 (Data Privacy Act of 2012).

4.2 Host Data Processing Obligations

Hosts shall:

  • use Guest personal data only for purposes directly related to the booking;

  • secure and protect such data against unauthorized access or disclosure;

  • delete or anonymize Guest personal data within thirty (30) days after checkout, unless retention is required by law;

  • notify Sofaree within twenty-four (24) hours of discovering any personal data breach involving Guest information.

4.3 Breach Liability

Any violation of data privacy laws by a Host, including unauthorized disclosure of Guest data, shall be the sole responsibility of the Host, who shall indemnify Sofaree from any resulting claims, fines, or investigations by the National Privacy Commission (NPC).

5. Bookings, Payments, Taxes, and Withholding

5.1 Payment Facilitation; Conditional Payouts

Guest payments are processed through the Platform solely to facilitate marketplace transactions. Host payouts are conditional and subject to booking completion, dispute resolution, verification, and compliance with Platform Policies.

5.2 Philippine Withholding Tax (BIR RMC No. 8-2024)

Sofaree shall comply with all applicable Bureau of Internal Revenue (BIR) regulations, including Revenue Memorandum Circular No. 8-2024, and shall withhold and remit the mandatory one percent (1%) withholding tax on one-half (½) of the gross remittances to Hosts classified as sellers or merchants.

Hosts agree to provide their BIR Certificate of Registration (BIR Form 2303) and any required exemption documentation to avail of applicable tax exemptions.

Mandatory withholding shall not constitute a breach of these Host Terms.

5.3 Non-Circumvention

Hosts shall not solicit, direct, or accept payment from a Guest introduced through the Platform for a booking conducted outside the Platform, whether for the same dates, future stays, or additional services, for the purpose of avoiding Sofaree’s service fees.

Bookings diverted off-platform in violation of this section:

  • are not covered by any Platform Policy, insurance requirement, or dispute resolution mechanism;
  • remain subject to Sofaree’s service fee, which the Host agrees to remit upon discovery of the diverted booking;
  • may result in suspension or termination of the Host’s account.

This section does not apply to a Host and Guest who have an independent, pre-existing relationship unrelated to the Platform introduction.

5.4 Account Security

Hosts are responsible for maintaining the confidentiality of their account credentials and for all activity occurring under their account. [Guests/Hosts] must notify Sofaree immediately upon becoming aware of any unauthorized use of their account or any other breach of security.

Sofaree is not liable for any loss arising from a [Guest’s/Host’s] failure to safeguard their account credentials, except where the unauthorized access resulted from Sofaree’s own negligence.

6. Pricing Transparency and Consumer Protection

Hosts are responsible for ensuring that all pricing information displayed on the Platform is accurate, complete, and inclusive, including:

  • nightly or rental rates,

  • applicable VAT or local taxes,

  • mandatory service charges,

  • cleaning or resort fees.

Hosts acknowledge that inaccurate pricing may constitute a deceptive sales act under Philippine consumer laws and agree to indemnify Sofaree from any resulting claims or chargebacks.

7. Cancellations and Force Majeure (Philippines)

7.1 Force Majeure Events

“Force Majeure” includes, without limitation:

  • typhoons, floods, earthquakes, volcanic activity;

  • PAGASA-issued storm signals No. 2 or higher;

  • government-ordered evacuations, travel bans, or lockdowns;

  • acts of God or public emergencies.

In such cases, Sofaree may override cancellation policies to protect safety and comply with law.

7.2 Calendar Accuracy

Hosts must maintain accurate, current availability calendars for each listing and promptly block dates on the Platform once booked through any other channel. Failure to do so resulting in a conflicting booking is treated as an Overbooking under Section 6.3 of the Host Cancellation and Refund Appendix and may result in penalties, delisting, or account suspension.

8. Liability, Indemnification, and Insurance

8.1 Host Responsibility for Premises

Hosts bear full responsibility for the safety, condition, and operation of their premises and for any bodily injury, death, or property damage occurring thereon, except where directly caused by Sofaree’s gross negligence.

8.2 Indemnification and Defense

The Host shall defend, indemnify, and hold harmless Sofaree, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising from:

  • bodily injury or death of any Guest;

  • property damage occurring at the Host’s premises;

  • violation of laws or regulations by the Host;

  • Host negligence or misconduct.

8.3 Insurance Requirement

Hosts agree to maintain Comprehensive General Liability (CGL) Insurance, or equivalent coverage, with a minimum aggregate coverage of ₱500,000 per occurrence (or such other minimum as Sofaree may publish from time to time), sufficient to cover foreseeable risks associated with hosting activities, including but not limited to guest bodily injury and property damage occurring on the premises.

Hosts must upload a current certificate of insurance (or equivalent proof of coverage) during onboarding and upon each policy renewal. Sofaree reserves the right to suspend or delist any listing for which valid proof of coverage is not on file or has lapsed.

Where a Host cannot obtain CGL insurance due to the nature of their property or local market availability, the Host must disclose this to Sofaree and may be required to demonstrate equivalent self-insurance or an alternative risk mitigation arrangement acceptable to Sofaree before the listing is activated.

9. Intellectual Property; Survival of License

9.1 License Grant

Hosts grant Sofaree an irrevocable, perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, distribute, display, modify, and create derivative works from Host content for platform operation, marketing, archival, and promotional purposes.

9.2 Survival

This license survives termination or deactivation of the Host’s account and applies to historical and archival uses.

10. Regional Compliance (Vietnam and Thailand)

For listings located in Vietnam or Thailand, Hosts warrant compliance with all local laws, including:

  • Vietnam: mandatory registration of foreign guests with local police authorities;

  • Thailand: compliance with the Hotel Act B.E. 2547, including licensing requirements for short-term rentals.

Failure to comply may result in delisting without liability to Sofaree.

11. Governing Law and Venue

These Host Terms shall be governed by the laws of the Republic of the Philippines.

All actions arising from or relating to these Host Terms shall be filed exclusively in the proper courts of the City of Calamba, Province of Laguna, to the exclusion of all other venues.

12. Entire Agreement; Severability

These Host Terms and the Platform Policies constitute the entire agreement between Sofaree and the Host. Invalid provisions shall not affect the enforceability of the remainder.

13. Modification of Terms

Sofaree may amend these Terms and any incorporated Platform Policy from time to time. Material changes will be notified via email, an in-app or on-site notice, or a banner displayed at login, at least fourteen (14) days before taking effect, except where an immediate change is required by law or to address an urgent safety or security issue.

Continued use of the Platform after the effective date of an amendment constitutes acceptance of the revised Terms. If a Guest or Host does not agree to a material change, their sole remedy is to stop using the Platform and close their account before the change takes effect.


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