1. Introduction
At Blueground, we believe in being transparent about how we conduct our business. In fact, it is one of our core values. We, therefore, would also like to be very transparent about our website Terms of Service.
Blueground Holdings Limited UK ("Blueground" or "we" or "us" or "our") owns and manages the website theblueground.com, the Blueground guest app, the blogs, and all its subdomains (collectively the "Site"), where visitors can find information about our company and our services. These website terms of service (the "Terms") describe the rights and obligations of a website user or visitor ("Visitor" or "you") in connection with your use of the Site. These Terms relate to your use of the Site for non-booking purposes only. If you book accommodation through the Site, you will also need to enter into separate accommodation agreements and be subject to separate Guest Terms and Conditions.
Certain capitalized terms used in this policy but not defined have the meaning set forth in our Privacy Policy, which also includes additional details about the collection and use of information at Blueground.
2. Terms
By visiting our Site in any way, including as an unregistered website Visitor, you acknowledge and agree to these website Terms. These Terms are applicable only to your use of the Site. If you use or access any of our physical spaces, any web-based services requiring registration and logging in, our referral program or other services or programs we provide, your use of such spaces, services or programs is subject to the terms and conditions you received or accepted when you signed up for such spaces, services or programs. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
3. Content and use
Any text, images, videos, audio clips, software and other content available on or through the Site (collectively, "Content") are owned by us and our licensors and as such are protected by international copyright laws. We and our licensors retain all proprietary rights in the Site and the Content made available on or through the Site, and, except as expressly set forth in these Terms, no rights are granted to any Content. Subject to these Terms, we grant each Visitor of the Site a limited, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) our Content solely for viewing, browsing and using the functionality of the Site. All Content is for general informational purposes only. You may not: modify or copy the Content; use the Content for any commercial purpose or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on our Site; remove any copyright or other proprietary notations from the Content; or transfer the Content to another person or "mirror" the Content on any other server. We reserve the right, but do not have any obligation to monitor, remove, modify or remove any Content at any time for any reason or for no reason at all.
A Visitor of the Site is allowed to use the Site only for personal, non-commercial purposes. A Visitor is not allowed to: (i) disassemble, reverse engineer or decompile in any other way any software, application, or hardware contained in or available via the Site except as permitted by law; (ii) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the content of the Site except as permitted by law; or (iii) use any automated program or application to scan, copy, index, sort or otherwise exploit the Site content or any part thereof.
4. Eligibility
The Site and services and programs mentioned are available only to individuals who are at least 18 years old, unless we specify otherwise. No one under this age should visit or use the Site and no one under this age should provide any personal information through the Site.
5. Disclaimer and limitation of liability
To the extent permitted by law, we and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the "Blueground Parties") disclaim all warranties, express or implied, with respect to the Site or Content (including third party services) on or accessible through the Site, including any express or implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, including any warranties arising from course of dealing, course of performance or usage in trade.
While we strive to always keep the Site's content accurate, the Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including without limitation to rates, fees, or availability. Blueground shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. Blueground shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.
IN NO EVENT WILL THE BLUEGROUND PARTIES BE LIABLE TO YOU ON ANY LEGAL THEORY (WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT, INCLUDING NEGLIGENCE, OR OTHER LEGAL THEORY) FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER SPECIAL CATEGORIES OF DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, AWARDS OF ATTORNEYS' FEES OR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH OR ARE RELATED IN ANY WAY TO THE SITE, CONTENT, OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), AND EVEN IF THE BLUEGROUND PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING LIMITATIONS, YOUR RECOVERY OF ANY DAMAGES IS LIMITED TO THE LESSER OF WHAT YOU PAID FOR ACCESS TO THE SITE OR EUR 100.
Certain jurisdictions do not permit the exclusion of certain warranties or limitations of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
6. Liability of links
We have not reviewed all of the sites linked to our Site and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Blueground of such site, its content, or the provider(s) thereof. Use of any such linked website is at the Visitor's own risk.
7. Arbitration
You agree that any dispute, claim or controversy against Blueground arising out of or relating to these Terms or either party's rights or obligations herein ("Dispute") will be settled by binding individual arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in clause (ii) is an "IP Action"). Unless you timely provide us with an Arbitration Opt-Out Notice (as described below) or as otherwise expressly permitted under these Terms, (i) you acknowledge and agree that you are waiving the right to file a lawsuit in court and other rights, including the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding and (ii) unless we otherwise both agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. This "Arbitration" section will survive any termination of these Terms.
Arbitration Rules
Any arbitration will be administered by the AAA in accordance with the Consumer Arbitration Procedures and, as applicable, the Mass Arbitration Supplementary Rules (the "AAA Rules") then in effect, except as modified by this Arbitration section. (The AAA Rules are available at https://adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to begin arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration. The arbitrator will either be a retired judge or an attorney licensed to practice law and will be selected by the parties by agreement from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you agree with us otherwise, the arbitration will be conducted in New York, NY. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Right to Opt-Out
If you do not want to arbitrate Disputes and prefer to litigate in court, you must provide notice of your intent to opt out of arbitration ("Arbitration Opt-Out Notice"). Your Arbitration Opt-Out Notice must be sent by email at legal@theblueground.com or by regular mail to 101 5th Ave, New York, NY 10003 - 7th floor within 30 days following the date you first accept these Terms. If you do not send us an Arbitration Opt-Out Notice within the 30-day period, (i) you acknowledge and agree that you are waiving the right to file a lawsuit in court and other rights, including the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding and (ii) unless we otherwise both agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. Notwithstanding any provision to the contrary, if Blueground modifies the arbitration provisions in the future, you retain the right to reject such modifications by sending an Arbitration Opt-Out Notice within 30 days following the initial notice of the modification. By rejecting any future changes, you agree to arbitrate any Dispute with the Terms of the latest version of the arbitration provision you previously agreed to.
Jurisdiction and Venue
The exclusive jurisdiction and venue of any IP Action or, if you timely provide us with an Arbitration Opt-Out Notice, will be the state and federal courts located in New York, NY, and each of the parties to these Terms waives any objection to jurisdiction and venue in those courts.
Limitation on Time to Bring Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Arbitrator's Decision
All issues shall be determined by the arbitrator, except only a court can decide the following:
- issues relating to the scope and enforceability of the arbitration provision as set forth in these Terms;
- whether a dispute can or must be brought in arbitration;
- whether the AAA cannot or will not administer the arbitration in accordance with this arbitration provision as set forth in these Terms;
- whether compliance with or violation of the informal dispute resolution process warrants relief that a court can award, and
- whether the waiver of class actions subsection has been complied with or violated.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings on which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with competent jurisdiction. The arbitrator's award of damages must be consistent with the terms of the limitation of liability set forth in Section 5 above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The arbitrator will not have the authority to award either party attorneys' fees or costs.
Waiver of Class Actions
All parties to these Terms acknowledge and agree that any arbitration will take place on an individual basis. Any other form of class arbitrations, mass arbitrations, class actions, and representative actions are expressly prohibited. This means that neither party may file a lawsuit in any court or pursue or participate in any other action that involves the other party that seeks relief for multiple claimants or seeks relief on behalf of others in any capacity. You acknowledge and agree that you are waiving any ability to join or consolidate your dispute in arbitration with the dispute of any other person and to bring any dispute on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person.
If a court (after exhaustion of all appeals) or arbitrator determines any of these prohibitions on consolidation or non-individualized relief (such as class, representative, private attorney general, or public injunctive relief) to be unenforceable, then all provisions of these Terms requiring or permitting disputes to be arbitrated will be deemed null and void and the exclusive jurisdiction and venue of any claim arising out of or related to these Terms will be the state and federal courts located in New York, NY, and each of the parties to these Terms waives any objection to jurisdiction and venue in those courts.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws principles.
9. Entire agreement
These Terms constitute the entire agreement between us regarding the Site and supersedes and merges any prior proposals, understandings and contemporaneous communications. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force, in effect and enforceable. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver. The failure of either party to enforce its rights under these Terms at any time for any period will not be construed as a waiver of such rights.
10. Updates to these Terms
These Terms may be changed or updated occasionally to meet legal, technological or operational requirements and standards. You are encouraged to frequently visit this page to stay updated about changes. Modifications will be effective on the day they are published.
11. How to contact us
If you have any questions about these Terms, you may contact us at privacy@theblueground.com. We will attempt to resolve any complaints regarding these Terms.
If you are based in the USA, you may also contact us by mail at our USA head office: 101 5th Ave, New York, NY 10003 - 7th floor.
If you are not based in the USA and for the purposes of GDPR (Article 27), you may contact our EU head office at 27 Agiou Thoma Str, 15124, Marousi, Greece.