PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, USERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES AND JURISDICTION. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS.
Last Updated: July 6, 2016
TERMS OF SERVICE
If you are using the Site, Application or Services, you are contracting with Hotelr, Inc. with respect to use of the Hotelr Mobile Application, Website, or Services.
http://www.Hotelr.com/terms/privacy_policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR ACCOMMODATIONS AND OTHER USERS (GUESTS) MAY LEARN ABOUT AND BOOK TO SHARE ACCOMMODATIONS WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT HOTELR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS HOTELR A HOTEL, REAL ESTATE BROKER, AGENT OR INSURER. HOTELR HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS, 3rd PARTY APPLICATIONS, AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"Hotelr Content" means all Content that Hotelr makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Booking Request Period" means the time period starting from the time when a booking is requested by a Guest (as determined by Hotelr in its sole discretion). Different Booking Request Periods may apply in different places.
"Collective Content" means Member Content and Hotelr Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Guest" means a Member who requests from a Host a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and shares the accommodation with the “Host” who is merely the originator of the booking.
"Host" means a Member who creates a Listing via the Site, Application and Services. Hosts and Guests have equal rights and responsibilities with regard to their use of the Application. The distinction between the two is premised around origination whereby the Host originates the booking request and waits to get matched through the Applications’ algorithm with a Guest (another user) looking to share the accommodation on the same dates and hotel.
"Listing" means an Accommodation that is listed by a Host via the Site, Application, and Services.
"Member" or “User” means a person who completes Hotelr's account registration process, including but not limited to Hosts and Guests, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. 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.
Hotelr reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
In addition your use of the Site, Application and Services warrants the following:
- You have never been convicted of a misdemeanor or felony;
- You are not a registered sex offender, and/or you are not required to register as a sex offender with any governmental agency;
- You are legally authorized to enter into a binding legal obligation;
- You agree to use the Site, Application, and Services to make reservations for yourself and not on someone else’s behalf; and that you intend to create a legitimate accommodation request for yourself;
- All information provided by you by entering our forms, or through your social media accounts is complete and accurate;
- You agree to use your account responsibly
How the Site, Application and Services Work.
The Site, Application and Services can be used to facilitate the listing and booking of Hotel, Residential and Other properties ("Accommodations"). Such Accommodations are included in Listings on the Site, Application and Services by Hotelr and its partners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create a Hotelr Account (defined below).
As stated above, Hotelr makes available an online/Mobile APP platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations with each other. Hotelr is not an owner or operator of properties, hotels, restaurants, or theaters including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Hotelr does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the Hotelr platform, Hotelr's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE MEMBERS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. HOTELR CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. HOTELR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account ("Hotelr Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, LinkedIn; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Hotelr Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Hotelr through the Site, Services or Application; or (ii) allowing Hotelr to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Hotelr and/or grant Hotelr access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Hotelr to pay any fees or making Hotelr subject to any usage limitations imposed by such third-party service providers. By granting Hotelr access to any Third-Party Accounts, you understand that Hotelr will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Hotelr Account and Hotelr Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Hotelr Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Hotelr's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Hotelr Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Hotelr makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Hotelr is not responsible for any SNS Content.
Your Hotelr Account and your Hotelr Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Hotelr Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Hotelr reserves the right to suspend or terminate your Hotelr Account and your access to the Site, Application and Services if you create more than one (1) Hotelr Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Hotelr Account, whether or not you have authorized such activities or actions. You will immediately notify Hotelr of any unauthorized use of your Hotelr Account.
As a Member, you may create an Accommodation Request “Listings”. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to elect to share Accommodation via the Site, Application and Services with you based upon the information provided in your Listing and your Profile. You understand and agree that once a Member requests a booking of sharing your Accommodation, you may not request the Member to pay a higher price than in the booking request in or outside of Hotelr.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Member's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as hotels, homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Hotelr assumes no responsibility for a Member's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Hotelr reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Hotelr, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Hotelr's then-current Policies and Community Guidelines, or otherwise harmful to the Site, Application or Services.
As a Hotelr User, you understand and agree that Hotelr does not act as an insurer or as your contracting agent. If a Member requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Member is between you and the Member; and Hotelr is not a party to it. Notwithstanding the foregoing, Hotelr Payments serves as the limited authorized payment collection agent of the Members for the purpose of accepting, on behalf of the Member, payments from other Members of such amounts stipulated by the booking of the Member (including fees and/or Taxes).
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of sharing your Accommodation, such as requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Hosting" section of the Site, Application and Services.
You acknowledge and agree that, as a Member, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Member (and the individuals the Member invites to the Accommodation, if applicable.)
Hotelr recommends that Members obtain appropriate travel insurance. Please review any insurance policy that you may have for your Travel and Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of other Members (and the individuals the other Member invites to the Accommodation, if applicable) while at your Accommodation.
Hotelr does not endorse any Member or any Accommodation. You understand that Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by Hotelr of any Member, Listing, or any Accommodation. Members are required by these Terms to provide accurate information, and although Hotelr may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or User or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Hotelr about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Member or to accept a booking request from a Member, or to have any other interaction with any other Member. We are not responsible for any material, physical, or emotional damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Hotelr with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Member against Hotelr regarding the remittance of payments received from a Member by Hotelr on behalf of another Member, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Bookings and Financial Terms
"Accommodation Fees" means the amounts that are due and payable by a Member in exchange for that Member's stay in an Accommodation.
"Member Fees" means the fee that Hotelr charges Users for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The User Fees will be displayed to the User at the time of the booking request.
"Total Fees" means collectively the Accommodation Fees and the Member Fees plus any Taxes.
“Member” any person who has registered their details with Hotelr through our Site or Application. “Member”, “User”, and “Guest” are used interchangeably and mean the same thing.
“Host Member”: a member who initiates the Accommodation Listing
“Guest Member”: a member who elects to share accommodations with Host Member
Bookings and Financial Terms for Hosts and Guests
If you are a Member and a booking is requested for your Accommodation via the Site, Application or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the User who has requested the booking, (ii) a link to the User's Hotelr Account profile page, (iii) if the Members have both connected their Hotelr accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Member on such SNS, and (iv) an indication of whether or not the Member has provided other information to Hotelr, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Hotelr for the requested booking will be refunded to the applicable Member's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Member, Hotelr will send you an email, text message, notification, or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
Hotelr Payments will collect the Total Fees at the time of booking confirmation (i.e. when the Member confirms the booking request) and will initiate payment of the Accommodation Fees (less Hotelr's Fees and any Taxes in respect of the Hotelr Fees, such as VAT in Europe) to the Member after all the Users complete their stay at the applicable Accommodation (except to the extent that a refund is due to a User).
If you owe or agree to pay any amount via Hotelr Payments to Hotelr (whether as a result of your bookings or actions as a User or otherwise), then Hotelr Payments may (but is not obliged to) withhold the amount owing to Hotelr from any payout amounts due to you as a Member, and use the withheld amount to set-off the amount owed by you to Hotelr. If Hotelr Payments does so, then your obligation to pay Hotelr will be extinguished to the extent of the amount withheld by Hotelr Payments, and Hotelr will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Hotelr by you. Such communication may be made by Hotelr or by anyone on its behalf, including but not limited to a third party collection agent.
Appointment of Hotelr Payments as Limited Payment Collection Agent for Members
Each User hereby appoints Hotelr Payments as the User's limited payment collection agent solely for the purpose of accepting the Accommodation Fees and making payments to third party vendors for hotel bookings.
Each Host Member agrees that payment made by sharing Member (Guest) through Hotelr Payments, shall be considered the same as a payment made directly to the Host Member, and the Host Member will make the Accommodation available to the sharing Member (Guest) in the agreed-upon manner as if the Host Member has received the Accommodation Fees. Each Host Member agrees that Hotelr may, in accordance with the cancellation policy selected by the Host Member and reflected in the relevant Listing, (i) permit the Guest Member to cancel the booking and (ii) refund (via Hotelr Payments) to the Guest Member that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host Member understands that as Hotelr Payments accepts payments from Guest Members as the Host Member's limited payment collection agent and that Hotelr Payments' obligation to pay the Host Member is subject to and conditional upon successful receipt of the associated payments from Guest Members. Hotelr does not guarantee payments to Host Members for amounts that have not been successfully received by Hotelr Payments from Guest Member. In accepting appointment as the limited authorized agent of the Host Members, Hotelr Payments assumes no liability for any acts or omissions of the Host Member.
Please note that Hotelr does not currently charge fees for the creation of Listings. However, you as a Host Member and User acknowledge and agree that Hotelr reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Hotelr will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Members
The Members, not Hotelr, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services to Members that have elected to share the accommodation with through Hotelr. If you, as a Guest Member, choose to enter into a transaction with another user for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host Member and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host’s reservation. You acknowledge and agree that you, and not Hotelr, will be responsible for performing the obligations of any such agreements, that Hotelr is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Hotelr disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Hotelr is not a party to the agreement between you and the Host Member or the venue in question (Hotel, Motel, or Third-party vendor), Hotelr Payments acts as the Host Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host Member. Upon your payment of the Total Fees to Hotelr Payments, your payment obligation to the Host Member for the Accommodation Fees is extinguished, and Hotelr Payments is responsible for remitting the Accommodation Fees (less any Taxes), in the manner described in these Terms. In the event that Hotelr Payments does not remit any such amounts as described in these Terms, such Host Member will have recourse only against such Hotelr entity.
The Total Fees payable will be displayed to a Guest Member before the Guest Member sends a booking request to a Host Member. As noted within above, the Host Member is required to either confirm or reject the booking request the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host Member), any amounts collected by Hotelr Payments will be refunded to such Guest Member, depending on the selections the Guest Member makes via the Site and Application, and any pre-authorization of such Guest Member's credit card will be released, if applicable.
You as a Guest Member agree to pay Hotelr for the Total Fees for any booking requested in connection with your Hotelr Account if such requested bookings are confirmed by the applicable Host Member. In order to establish a booking pending the applicable Host Member's confirmation of your requested booking, you understand and agree that Hotelr Payments, on behalf of the Host Member, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, Hotelr Payments will collect the Total Fees due once Hotelr receives confirmation of your booking from the applicable Host; if necessary, Total Fees may instead be collected at a later point. Please note that Hotelr cannot control any fees that may be charged to a Guest Member by his or her bank related to Hotelr's collection of the Total Fees, and Hotelr disclaims all liability in this regard.
In consideration for the use of Hotelr's online marketplace and platform, Hotelr charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Member Fees. Hotelr Payments deducts the Member Fees from the Accommodation Fees before remitting the balance to the Host as described in these Terms. Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Hotelr Payments to Members via check, PayPal, direct deposit or other payment methods, as described on the Site or via the Application, in the Member's currency of choice, depending upon the selections the Member makes via the Site, Application and Services. Amounts may be rounded up or down as described the "Rounding Off" section below.
Please note that Hotelr Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by Hotelr in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found at www.Hotelr.com/help. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Member, you cancel your requested booking before the requested booking is confirmed by another User, Hotelr Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. You may not cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy of third party vendors. Details regarding refunds and cancellation policies are available via the Site and Application. Hotelr Fees are non-refundable regardless of the cancellation policy.
Cancellation terms and conditions are presented to guests at the time of booking and Hotelr will abide by those conditions. If a User cancelled a confirmed booking and you, as a Guest User, have not received an email or other communication from Hotelr, please contact Hotelr.
If, as a Host User, you cancel a confirmed booking, you agree that Hotelr may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to your credit card). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Hotelr may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in Hotelr's Extenuating Circumstances policy or for any other reason. Hotelr Payments may also determine, in its sole discretion, to refund to the User part or all of the amounts charged to the User in accordance with the Refund Policy. You agree that Hotelr and the relevant User will not have any liability for such cancellations or refunds.
Hotelr may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Hotelr will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Hotelr may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Hotelr to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Tax regulations may require us to collect appropriate tax information from our Users, or to withhold taxes from payouts to Users, or both. You as a User are solely responsible for keeping the information in your tax forms current, complete and accurate.
You as a User understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Hotelr cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a User, Hotelr may issue a valid VAT invoice to such User.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Accommodation is located may require Taxes to be collected from Users on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Hotels, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").
Damage to Accommodations
As a User, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a User / Member of Hotelr, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that the Hotel claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given the time to respond, the payment may be charged to and taken from the credit card on file with the Hotel. Hotelr also reserves the right to charge the credit card on file in your Hotelr Account, or otherwise collect payment from you and pursue any avenues available to Hotelr in this regard, including using Security Deposits, in situations in which you have been determined, in Hotelr's sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by the Hotels. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Hotel or to Hotelr (if applicable).
Both Users (Guest and Host) agree to cooperate with and assist Hotelr in good faith, and to provide Hotelr with such information and take such actions as may be reasonably requested by Hotelr, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Hotelr or a representative of Hotelr regarding use or abuse of the Site, Application or the Services.
Guests agree that a confirmed reservation is merely a license granted by the Hotel to the Guest to enter and use the Listing for the limited duration of the confirmed reservation and in accordance with the Guest's agreement with the Hotel. Guests further agree to leave the Accommodation no later than the checkout time that the Hotel specifies in the Listing or such other time as mutually agreed upon between the Hotel and Guest. If a Guest stays past the agreed upon checkout time without the Hotel's consent, they no longer have a license to stay in the Listing and the Hotel is entitled to make the Guest leave. In addition, Guests agree that the Hotel can charge the Guest, for each 24 hour period that the Guest stays over the agreed period without the Hotel's consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Hotel, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Hotel to make the Guest leave (collectively, "Additional Sums").
Hotelr's mobile platform facilitates bookings between Users, and Hotels who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Hotelr platform may allow users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to by a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
"Display Currency" means the currency in which users view Listing prices on the Hotelr platform. Guests may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.
"Booking Currency" means the currency in which a Guest has to pay for his or her booking. At the time the Guest submits a booking request, the Hotelr platform will select the Booking Currency, based on the Guest's country of origin and the payment methods available for that country. Hotelr supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
"Listing Currency" means the currency in which a Listing's price is set. The Listing Currency is set by the Hotel.
"Payout Currency" means the currency in which a Hotel's payout will be paid to the Hotel. The Payout Currency is set by the Hotel.
"Base Exchange Rate" means a system-wide rate used by Hotelr for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Hotelr. Hotelr establishes the Base Exchange Rate using data from one or more third parties such as OANDA (http://www.oanda.com).
"Adjusted Exchange Rate" means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Hotelr for its holding costs and foreign currency risks.
Foreign currency conversions on the Hotelr platform
Hotelr Payments will process a foreign currency conversion in the following situations:
The Display Currency is different from the Listing Currency when a user views a Listing: Hotelr will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied.
The Booking Currency is different from the Listing Currency when a Guest submits a booking request for a Listing: Hotelr will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Guest will be able to view the actual exchange rate applied. The Guest Fee, which is a percentage of the applicable Accommodation Fees, will be calculated based on the Accommodation Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied.
The Payout Currency is different from the Listing Currency when Hotelr initiates a payout: generally, Hotelr will calculate the payout to the Hotel, by applying the Base Exchange Rate on the date that Hotelr initiates the payout to the Accommodation Fees (less Hotelr's Fees and any Taxes in respect of the Fees, such as VAT in Europe) in the Listing Currency.
When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest.
When you as a Guest submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.
Hotelr updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, Hotelr does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Hotelr.
Accept or make a payment for Accommodation Fees outside Hotelr Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Hotelr harmless from any liability for such payment.
Hotelr has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Hotelr may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Hotelr or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Hotelr, its users, or members of the public. You acknowledge that Hotelr has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Hotelr reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Hotelr, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Hotelr and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Our Services have different products and offerings, so sometimes additional terms or product requirements may apply to your use of those products. For example, additional terms apply if you refer new users to Hotelr ("Referral Program"). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
Specific Terms Regarding Hotelr Travel Credits
Where applicable, Hotelr Travel Credits may only be redeemed for confirmed bookings via the Site, Application and Services and after you accrue Hotelr Travel Credits, such Hotelr Travel Credits will be automatically applied to your next confirmed booking made via the Site, Application and Services. Hotelr Travel Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem Hotelr Travel Credits after the Hotelr Travel Credits are reflected in your Hotelr Account. The scope, variety, and type of services and products that you may obtain by redeeming Hotelr Travel Credits can change at any time.
Hotelr Travel Credits may expire. If for some reason you believe that there is a discrepancy regarding your balance of Hotelr Travel Credits, please contact us. Hotelr may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Hotelr's sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Hotelr Travel Credits. Where applicable, Hotelr may be required to account for VAT on any services for which the Hotelr Travel Credits are redeemed.
Without limiting any other terms of these Terms and subject to applicable law, all Hotelr Travel Credits are forfeited if your Hotelr Account is terminated or suspended for any reason, in Hotelr's sole discretion, or if Hotelr discontinues providing the Site, Application, Services or the Referral Program.
Subject to your compliance with these Terms, Hotelr grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Hotelr reserves all rights in the Application not expressly granted to you by these Terms.
Hotelr Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Hotelr grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Hotelr Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hotelr or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Hotelr a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Hotelr does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Hotelr the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Hotelr's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Hotelr is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Hotelr of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Hotelr used herein are trademarks or registered trademarks of Hotelr. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Hotelr and you hereby irrevocably assign to Hotelr and agree to irrevocably assign to Hotelr all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Hotelr's request and expense, you will execute documents and take such further acts as Hotelr may reasonably request to assist Hotelr to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Hotelr respects copyright law and expects its users to do the same. It is Hotelr's policy to terminate in appropriate circumstances the Hotelr Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Hotelr's Copyright Policy for further information.
Suspension, Termination and Hotelr Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Hotelr Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Hotelr Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Hotelr Account, your Member Content, or receive assistance from Hotelr Customer Service, (b) any pending or accepted future bookings will be immediately terminated, (c) we may communicate to matched Users that a potential or confirmed booking has been cancelled, (d) we may refund in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact matched Users to inform them about potential alternate Accommodations with other Users that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Hotelr Account. You may cancel your Hotelr Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your Hotelr Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HOTELR DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HOTELR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HOTELR MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOTELR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, USERS, YOUR ACCRUAL OF HOTELR TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOTELR OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USERS. YOU UNDERSTAND THAT HOTELR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. HOTELR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HOTELR. NOTWITHSTANDING HOTELR'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE USERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM USERS ON BEHALF OF OTHER USERS, HOTELR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
Limitation of Liability
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 SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HOTELR WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HOTELR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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 TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOTELR 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.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE USERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST, IN NO EVENT WILL HOTELR'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOTELR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND THAT WE CAN CONDUCT BACKGROUND CHECKS AND OTHER FORMS OF IDENTITY VERIFICATION, BUT WE DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF HOTELR USERS. WE RESERVE THE RIGHT TO CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS INCLUDING SEX OFFENDER REGISTER SEARCHES, AT ANY TIME ON ANY USER OF THE SITE, APPLICATION, OR SERVICES.
You agree to release, defend, indemnify, and hold Hotelr and its affiliates and subsidiaries, and their officers, directors, employees and agents, 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation; and (e) your participation in the Referral Program or your accrual of any Hotelr Travel Credits.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) 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. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Hotelr does not permit Listings associated with certain countries due to U.S. embargo restrictions.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
You acknowledge and agree that (i) these Terms are concluded between you and Hotelr only, and not Apple, and (ii) Hotelr, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services. The same applies for users of Android with use of Google Play Store.
You acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application or Google Play Store application.
In the event of any failure of the App Store or Google Play Store Sourced Application to conform to any applicable warranty, you may notify Apple, or Google and Apple or Google will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the App Store or Play Store Sourced Application. As between Hotelr and Apple or Google, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hotelr.
You and Hotelr acknowledge that, as between Hotelr and Apple or Google, Apple or Google is not responsible for addressing any claims you have or any claims of any third party relating to the App Store or Google Play Store Sourced Application or your possession and use of the App Store or Google Play Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store or Google Play Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Hotelr acknowledge that, in the event of any third-party claim that the App Store or Google Play Store Sourced Application or your possession and use of that App Store or Google Play Store Sourced Application infringes that third party's intellectual property rights, as between Hotelr and Apple or Google, Hotelr, not Apple, nor Google will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Hotelr acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
You and Hotelr acknowledge and agree that Google, and Google's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the Google Play Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Play Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application. The same applies to Play Store Sourced Application.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Hotelr by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Hotelr and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Hotelr and you regarding bookings or listings of Accommodations, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Hotelr's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Hotelr may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Hotelr (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Manhattan, New York, New York or a United States District Court, located in New York, New York for any actions for which the parties retain the right 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, as set forth in the Dispute Resolution provision below.
You and Hotelr agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right 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. You acknowledge and agree that you and Hotelr are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Hotelr otherwise 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. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med 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 initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration and a separate form for California residents) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) 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 and Hotelr otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Hotelr submit 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.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in 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 having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the 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. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Hotelr will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Hotelr will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Modification" section above, if Hotelr changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Hotelr's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Hotelr in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Hotelr to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hotelr. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.