ARTICLE I: DEFINITIONS

1.1. "Platform":

Refers to the online marketplace provided by Tokkatok.

1.2. "Host":

Refers to any natural or legal person offering accommodation via the Platform.

1.3. "Guest":

Refers to any natural or legal person booking accommodation via the Platform.

1.4. "Reservation":

A confirmed booking for an accommodation on the Platform, evidenced by a Transaction ID.

1.5. "Total Reservation Amount":

The total sum due from the Guest for a Reservation, inclusive of all fees, taxes, and charges, as displayed at the time of booking.

1.6. "Service Fees":

The fees charged by the Platform for facilitating the booking.

1.7. "Cancellation":

The act of terminating a Reservation prior to the scheduled check-in.

1.8. "Check-in Time":

The local time at the accommodation's location on the scheduled check-in date.

1.9. "Philippine Peso":

The official currency of the Philippines, designated as "₱" or "PHP".

ARTICLE II: HOST-INITIATED CANCELLATIONS

2.1. General Host Cancellation Penalty

If a Host cancels a confirmed Reservation for reasons other than a valid "Force Majeure Event" (as defined in Article V), they will be subject to penalties, as determined by the Platform at its sole discretion. These penalties are designed to compensate for damages incurred by the Platform and the Guest due to the Host's breach of contract under Article 1170 of the Civil Code of the Philippines.

2.2. Penalty Structure

• Immediate Pay-out Forfeiture: The Host will immediately forfeit any pay-out they were due for the cancelled Reservation.
• Calendar Block: The Host's calendar will be blocked for the cancelled dates, preventing new reservations, to mitigate the impact of the Host's unreliability.
• Cancellation Fee: The Host will be charged a cancellation fee, the amount of which depends on the proximity of the cancellation to the Check-in Time.
  • If the Host cancels within seven (7) days of Check-in Time, the cancellation fee will be ₱2,000.
  • If the Host cancels more than seven (7) days before Check-in Time, the cancellation fee will be ₱1,000.
• Account Suspension: In cases of repeat violations, the Platform reserves the right to impose more severe penalties, including temporary or permanent suspension of the Host's account.

2.3. Guest Entitlement

Upon a Host-initiated cancellation, the Guest will be entitled to a full refund of the Total Reservation Amount. The Platform, at its discretion, may also offer rebooking assistance or booking credits to the Guest.

ARTICLE III: GUEST PROTECTION GUARANTEE PENALTIES

3.1. General Principles

The Platform's Guest Protection Guarantee is a remedial measure for Guests in cases of material deficiencies by the Host. Monetary remedies are awarded to Guests to compensate for losses.

3.2. Award Determination

If a "Covered Issue" (as defined in the previous policy) is validated by the Platform, the monetary award to the Guest may include:

• Full or Partial Refund: A refund of a portion or the entirety of the Total Reservation Amount.
• Compensation for Damages: In addition to the refund, the Platform, after investigating the claim, may award additional compensation to the Guest. This compensation will be calculated to cover the direct damages suffered by the Guest.

3.3. Example Calculations (for illustrative purposes only)

• If a Guest is forced to relocate due to uninhabitable conditions and finds a comparable property at a higher rate, the Platform may award the Guest the difference in price.
• If a Guest is unable to use a key advertised amenity, such as a swimming pool, the Platform may award a partial refund equivalent to a reasonable portion of the Total Reservation Amount.

ARTICLE IV: PAYMENT AND COLLECTION

4.1. Penalty Deduction

Any penalties incurred by the Host will be automatically deducted from future pay-outs from the Platform.

4.2. Invoicing

If there are no future pay-outs, or if the outstanding penalty exceeds the amount of future pay-outs, the Platform will issue an invoice to the Host for immediate payment. Failure to pay within the specified timeframe may result in account suspension and further legal action.

4.3. Currency

All monetary penalties, compensation, and refunds will be processed in Philippine Pesos.

ARTICLE V: REFUND POLICY FRAMEWORK

5.1. Host-selected cancellation policies

Hosts set their own cancellation policy from a limited number of pre-defined options. The policy applies to guest-initiated cancellations and dictates the level of refund provided.

5.2. Guest protection policies

These policies override a host's standard cancellation policy under specific conditions.

Major Disruptive Events policy:

This policy is triggered by large-scale, unforeseen events that prevent or legally prohibit a reservation.

• Applicability: Events like government-declared emergencies, travel restrictions, natural disasters, or epidemics.
• Procedure: Guests can cancel and receive a full refund or travel credit. Hosts can cancel without penalty but their calendar will be blocked.

Rebooking and Refund policy (for property issues):

This policy covers "Reservation Issues" that disrupt a guest's stay, regardless of the host's cancellation policy.

Covered issues:

• Host cancels the booking before check-in.
• Host fails to provide access to the property at check-in.
• The listing contains material inaccuracies (e.g., number of rooms, working amenities).
• The property is uninhabitable due to cleanliness or safety hazards.

ARTICLE VI: REFUND PROCESS AND PROCEDURES

6.1. General cancellation process

1. Guest initiates cancellation: A guest navigates to their reservation details and selects the option to cancel.
2. System calculation: The system automatically calculates the refund amount based on the host's selected cancellation policy, the time of cancellation, and the check-in date.
3. Refund confirmation: The guest is shown the final refund amount, including any non-refundable service fees, before confirming the cancellation.
4. Disbursement: The refund is issued back to the original payment method, and the timeline depends on the payment processor.

6.2. Resolution process for in-stay issues

1. Document the issue: The guest must immediately document the "Reservation Issue" with evidence (photos, video, timestamps).
2. Contact the host (first attempt): Guests should first attempt to resolve the problem directly with the host.
3. Use the Resolution Center: If the host does not respond or cannot resolve the issue, the guest opens a request in the Resolution Center.
4. Reporting window: The issue must be reported within 72 hours of discovery.
5. Evidence submission: The guest submits the documented evidence via the Resolution Center.
6. Mediation and decision:
   • The Resolution Center allows the host and guest a 72-hour window to reach an agreement.
   • If no agreement is reached, an internal support team reviews the case and makes a binding determination on the appropriate refund amount.

6.3. Host-initiated refunds

• If a host agrees to a full or partial refund for a guest, they can issue it directly through the Resolution Center within 60 days of the checkout date.
• For host-initiated cancellations, the guest automatically receives a full refund. The host is subject to potential penalties unless the cancellation is due to a Major Disruptive Event.

ARTICLE VII: GUEST-INITIATED RESERVATION CANCELLATION AND REFUND POLICY

This policy governs the conditions and procedures for remuneration in the event of a guest-initiated reservation cancellation.

7.1. Cancellation by guest (exercised at guest's discretion)

The quantum of any remuneration disbursed to a guest consequent to a cancellation is exclusively determined by the cancellation terms ("Cancellation Terms") stipulated by the property owner at the time of the booking's confirmation. The guest assents to and is bound by these Cancellation Terms upon booking.

A. Flexible option

• Full refund: A guest shall be entitled to a full refund of the accommodation fees and cleaning fee, provided that the cancellation is effected no less than forty-eight (48) hours prior to the stipulated check-in time (referenced to the local time zone of the property). The Platform Service Fee shall be non-remissible.
• Partial forfeiture: Should the cancellation be effected within a period of less than forty-eight (48) hours preceding check-in, the guest shall incur a forfeiture equivalent to the accommodation fees for the first night of the reservation. The Platform Service Fee shall remain non-remissible.

B. Moderate option

• Full refund: A guest shall be entitled to a full refund of the accommodation fees and cleaning fee if the cancellation is effected no less than five (5) days prior to the stipulated check-in time.
• Partial forfeiture: Should the cancellation be effected within a period of less than five (5) days preceding check-in, the guest shall incur a forfeiture equivalent to the accommodation fees for the first night. The guest shall be remitted fifty percent (50%) of the accommodation fees for any subsequent nights of the reservation. The Platform Service Fee shall remain non-remissible.

C. Firm option

• Full refund: A guest may be entitled to a full refund of the accommodation fees and cleaning fee if the cancellation is effected at least thirty (30) days prior to the scheduled check-in time.
• Partial refund: A guest shall be remitted fifty percent (50%) of the nightly rate, exclusive of fees, if the cancellation is effected between seven (7) and thirty (30) days prior to check-in.
• No refund: No refund shall be provided for cancellations effected less than seven (7) days before check-in.

7.2. Refund for covered property issues (platform assurance)

This provision establishes a mechanism for refund for guests who experience a "Covered Property Issue" during their stay, which shall supersede the property owner's standard Cancellation Terms. This remedy is available only where the guest has made reasonable, documented efforts to resolve the issue directly with the property owner and has formally reported the issue to the platform within seventy-two (72) hours of discovery.

Definition of a "Covered Property Issue"

A "Covered Property Issue" constitutes a material breach of the booking agreement, defined exclusively as:

• Owner-initiated rescission: The owner cancels the reservation prior to the guest's check-in.
• Failure of access: The owner fails to facilitate guest access to the rental property at the agreed-upon time.
• Material misrepresentation: The property substantially deviates from the listing's representation in a material and verifiable manner, encompassing but not limited to, the number of designated rooms, the functionality of critical amenities, or the failure to disclose the presence of the owner or other occupants.
• Uninhabitable conditions: The property, upon check-in, is determined to be in a demonstrably unclean, unsanitary, or hazardous condition, rendering it unsuitable for its intended purpose.

7.3. Guest procedure for claims under platform assurance

1. Documentation: The guest must contemporaneously document the Covered Property Issue with objective evidence, including photographic or video recordings, and preserve all relevant communications with the property owner.
2. Owner communication: The guest must first engage in good-faith communication with the owner to resolve the issue.
3. Initiation of dispute: If direct resolution is unsuccessful, the guest must formally submit a dispute through the platform's Resolution Center within seventy-two (72) hours of issue discovery.
4. Platform adjudication: The platform's support team shall review all submitted evidence and communication logs. The platform's determination as to the validity of the Covered Property Issue and the quantum of any remuneration shall be final and binding.
5. Remedies: Upon validation of a Covered Property Issue, the platform, in its sole discretion, may offer a full or partial remuneration, or facilitate the guest's rebooking in comparable alternative accommodations.

ARTICLE VIII: REFUND UNDER EXTRAORDINARY EVENTS

This provision addresses cancellations resulting from large-scale, unforeseen events outside the control of the parties, overriding the owner's standard Cancellation Terms.

8.1. Qualifying events

An "Extraordinary Event" is defined as an event that materializes subsequent to booking and renders the reservation's fulfilment objectively impossible or legally prohibited. Such events include:

• Government-mandated travel restrictions or official evacuation orders.
• Formally declared national or regional emergencies or epidemics.
• Unforeseeable natural disasters or severe weather phenomena that render the property inaccessible or uninhabitable.

8.2. Procedure

Guests claiming eligibility under this provision must contact platform support and provide official documentation validating the Extraordinary Event's impact on their reservation. Upon verification, the guest may be entitled to a full remission or a credit for future travel.

8.3. General provisions

• Payment method: All refunds shall be processed and disbursed to the original payment method utilized for the booking.
• Platform service fee: The Platform Service Fee is generally non-remissible, with the exception of cancellations resulting from a Qualifying Extraordinary Event or during a defined grace period.
• Binding determination: All determinations made by the platform's support team concerning these policies shall be final and binding upon the parties, without prejudice to any other legal recourse.

ARTICLE IX: EXTENDED PROCEDURES AND LEGAL CONSIDERATIONS

9.1. Procedural requirements for guest claims

A. Commencement of claim

A guest claim is initiated by submitting a formal request via the Resolution Center. The request must include:

• Reservation identifier: A unique booking reference number.
• Date and time of discovery: The precise date and time the Covered Property Issue was first identified.
• Statement of facts: A concise and accurate narrative describing the circumstances leading to the claim.
• Remedy sought: A clear articulation of the desired resolution (e.g., partial refund, full refund, rebooking assistance).
• Supporting evidence: All available documentary evidence, including photographs, video, and communication logs.

9.2. Good faith communication

Prior to escalation, the guest must demonstrate a good faith attempt to resolve the issue directly with the property owner. This includes, but is not limited to, sending written communications through the platform's messaging system detailing the issue and proposing a reasonable solution.

9.3. Time limitation

The seventy-two (72) hour reporting window is a strict condition precedent for consideration of a claim under the Platform Assurance provision. Failure to report within this timeframe may result in a forfeiture of all rights under this section.

9.4. Platform adjudication process

Upon receipt of a formal dispute, the platform's support team will:

1. Notification: Notify both the guest and the property owner of the dispute's initiation.
2. Owner response period: Provide the property owner with a designated period to respond to the guest's claim and submit counter-evidence.
3. Evaluation: Conduct a review of all submitted documentation, communication logs, and other relevant information to assess the validity of the claim.
4. Resolution facilitation: Endeavor to facilitate a mutually agreeable resolution between the parties.
5. Binding determination: In the absence of a mutual agreement, issue a final, binding determination, which may include ordering a full or partial remission or directing the parties to a rebooking arrangement.

ARTICLE X: LEGAL ENFORCEABILITY AND DISPUTE RESOLUTION

10.1. Governing law and venue

This policy shall be governed by and construed in accordance with the laws of the jurisdiction where the platform is incorporated, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to this policy shall be exclusively brought in the competent courts of that jurisdiction.

10.2. Alternative dispute resolution (ADR)

In the event of a dispute, both parties agree to first engage in good faith negotiation. If negotiation fails, the parties shall consider mediation as a non-binding alternative to litigation. The costs of mediation shall be borne equally by the parties.

10.3. Limitation of liability

The platform's liability under this policy is strictly limited to the amount of the remuneration provided for in the policy. The platform shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the reservation or this policy.

10.4. Survival

All provisions of this policy concerning limitations of liability, dispute resolution, and governing law shall survive the termination or expiration of any reservation.

ARTICLE XI: EXCEPTION AND MODIFICATION CLAUSES

11.1. Policy modifications

The platform reserves the unilateral right to modify, amend, or terminate this policy at any time. All such modifications shall be effective upon posting on the platform's website. The terms of the policy in effect at the time of the booking shall govern that specific reservation.

11.2. Policy exceptions

The platform may, in exceptional circumstances and at its sole discretion, deviate from the standard application of this policy to address unique situations not adequately covered by its provisions. Such exceptions shall be granted on a case-by-case basis and shall not set a precedent for future claims.

11.3. Severability

If any provision of this policy is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.