1. Nature of the Platform
1.1 Marketplace Disclosure
Sofaree operates solely as an online marketplace and booking facilitation platform. Sofaree does not own, operate, manage, or control any accommodation, vacation rental, tour, transportation service, or other service offered on the Platform.
Any booking made through the Platform constitutes a direct contractual relationship between the Guest and the Host.
1.2 No Agency or Partnership
Nothing in these Guest Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between Sofaree and any Guest or Host.
2. Definition of “Host”
For purposes of these Guest Terms, a “Host” refers to any individual or legal entity that offers, lists, provides, or makes available accommodations, vacation rentals, resorts, homestays, or ancillary or related services through the Platform, including but not limited to tours, guided activities, transportation services, transfers, experiences, or other travel-related services, whether directly or through authorized representatives.
Hosts act independently and in their own name and are solely responsible for the services they provide.
3. Booking Process and Pricing Transparency
3.1 Booking Confirmation
A booking is confirmed only when:
payment is successfully processed through the Platform; and
Sofaree issues a booking confirmation.
3.2 All-In Pricing
The total price displayed at checkout includes:
accommodation or service charges,
disclosed platform service fees,
applicable taxes.
Sofaree does not permit hidden or undisclosed fees. Guests should immediately report any pricing discrepancy through official support channels.
4. Payments, Disputes, and Reversals
4.1 Payment Methods
Sofaree’s primary payment methods currently include e-wallets and direct online bank transfers. Credit card payments are not currently accepted.
Payments made via e-wallets or bank transfers are generally non-reversible once settled, subject to applicable law.
4.2 Payment Disputes; Conditional Chargebacks
Guests agree that any payment dispute must first be raised through Sofaree’s Internal Dispute Resolution (Redress Mechanism).
If Sofaree enables credit card payments in the future:
chargebacks shall be subject to card network and issuing bank rules;
Sofaree reserves the right to contest abusive or bad-faith chargebacks;
fraudulent or repeated misuse may result in account suspension or termination.
Nothing in this section limits a Guest’s statutory rights under Philippine law.
5. Cancellations, Refunds, and Force Majeure
5.1 Governing Policies
Cancellations and refunds are governed by:
the Host’s published cancellation policy; as modified or overridden where required by law; and
the Host Cancellation and Refund Appendix, which is incorporated by reference into these Guest Terms.
5.2 Force Majeure and Frustration of Purpose
Force Majeure refers to events beyond the control of the parties that render performance impossible or legally excusable.
For purposes of the Platform, Force Majeure includes:
government-issued safety warnings, including but not limited to storm signals, flood, landslide or earthquake advisories affecting the property location or the Guest’s point of origin, or
any government-issued safety advisory that results in the official suspension of sea, air, or land transport to or from the property location, rendering the booking physically impossible or legally impracticable to fulfill.
In such cases, cancellation penalties are waived and Guests are entitled to a full refund.
6. Guest Protection Override (Habitability Warranty)
Regardless of the cancellation policy selected by the Host, Guests may cancel and receive a full refund if, upon arrival, the property:
lacks running water;
lacks electricity (except for disclosed scheduled outages);
is materially unsafe, unsanitary, or uninhabitable;
is materially misrepresented compared to the listing.
Any Host house rule, disclaimer, or “as-is” clause that contradicts or attempts to waive these minimum habitability standards is void and unenforceable.
7. Host-Initiated Cancellations
If a Host cancels a confirmed booking for reasons not attributable to the Guest:
the Guest shall receive a 100% refund, including all platform service fees;
the Guest shall not bear any resulting cost;
Sofaree may impose penalties on the Host in accordance with Host policies.
8. Refund Processing Timelines
Once a refund is approved, Sofaree shall process the refund within seven (7) to fourteen (14) business days. Actual crediting may depend on payment processor or bank timelines.
This timeline aligns with the Internet Transactions Act of 2023 (RA 11967) and DTI standards.
9. Internal Dispute Resolution (Redress Mechanism)
Sofaree provides a formal and responsive internal dispute resolution system by filing a support ticket. Guests must report any booking-related issue within twenty-four (24) hours of check-in.
Sofaree will acknowledge the dispute, mediate between the Guest and Host, and issue a written resolution within seven (7) calendar days, unless extended for reasonable cause.
By using the Platform, Guests and Hosts agree to cooperate in good faith with this Redress Mechanism and to honor Sofaree’s resolution, without prejudice to statutory rights.
10. Guest Conduct and Property Use
Guests agree to:
comply with Host house rules that are lawful and enforceable;
use properties and services responsibly and lawfully;
avoid damage, nuisance, or unsafe behavior.
Guests are responsible for damage caused by them or their companions, subject to the Security Deposit and Damage Claim Policy, which is incorporated by reference.
11. Data Privacy
Sofaree processes personal data in accordance with local law. Guests acknowledge that Hosts may receive limited personal data necessary to fulfill bookings. Hosts act as independent personal information controllers. Hosts are strictly prohibited from using Guest personal data for marketing, solicitation, or any purpose unrelated to the specific booking without the Guest’s separate and express consent.
12. Platform Responsibility Disclosure
Sofaree exercises due diligence in onboarding Hosts and monitoring listings. Sofaree may be held solidarily liable with a Host only if Sofaree:
has actual knowledge that a listing is illegal, fraudulent, or misleading; and
fails to take reasonable action to remove or disable access to such listing.
This disclosure is made to comply with statutory requirements and does not alter Sofaree’s role as a marketplace intermediary.
13. Off-Platform Transactions Prohibited
Guests shall not solicit or accept offers from Hosts to transact or book outside the Platform.
Bookings made off-platform:
are not covered by Sofaree’s protection, refund, or dispute mechanisms;
are not eligible for assistance or remedies under Platform policies.
Sofaree may suspend or terminate accounts engaged in off-platform transactions.
14. Limitation of Liability
To the maximum extent permitted by law,:
Sofaree is not liable for acts or omissions of Hosts or Guests;
Sofaree is not responsible for property conditions, safety, or on-site conduct.
Nothing herein limits liability for gross negligence or willful misconduct where prohibited by law.
15. Suspension and Termination
Sofaree may suspend or terminate Guest accounts for:
violation of these Guest Terms;
fraudulent or abusive behavior;
misuse of the Platform.
16. Governing Law and Venue
These Guest Terms are governed by the laws of the Republic of the Philippines. All actions arising from or relating to these Guest Terms shall be filed exclusively in the proper courts of the City of Calamba, Province of Laguna, to the exclusion of all other venues.
These Guest Terms incorporate by reference:
other applicable Platform Policies as published.
In case of conflict, consumer-protective provisions shall prevail, as required by law.
