Please read these Terms of Service carefully as they contain important and binding information about your legal rights, remedies, and obligations. By accessing or using Guesthouse whether, via the website, mobile, tablet, or other smart device applications, you agree to comply with and be bound by these Terms of Service.
Please note that these Terms of Service are in addition to our terms that apply to Guesthouse Members who reserve accommodation (“Accommodation”) through our app (“Members”) and to Guesthouse Hosts who are Hosts of Accommodation (“Hosts”). The terms of the Host/Guesthouse Agreement are incorporated into these Terms of Service together with the terms of the Cancellation Policies, the Guesthouse Arbitration Scheme, and other applicable policies. References to “Terms of Service” or “Terms” herein include the terms of all other agreements and policies referenced herein. These Terms of Service constitute a legally binding agreement between you and Guesthouse (as defined below) and, as appropriate between Members and Hosts and you should read them carefully.
Except for certain kinds of disputes described in Section 14, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GUESTHOUSE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 14.)
1.1 We, Guesthouse Technologies, Inc., (“we,” “us,” or “Guesthouse”), are the operator of the website www.guest-house.co (“website”) and the mobile application available to Guesthouse Members and Hosts through the app store (“platform”) (together, the website, platform, and all content contained therein are the “Service”). You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
1.2 The Guesthouse website and smart device applications showcase, and (via the website) allow Hosts to offer and Members to book monthly accommodations.
1.3 These Terms of Service apply to and bind Guesthouse Members, as well as anyone who accesses the Service. These Terms of Service apply to monthly Bookings of Accommodation.
1.4 The objective of Guesthouse is to connect verified Members with pre-qualified monthly accommodations through a managed marketplace. We conduct background checks, income verification, and other relevant information to verify a Member prior to booking. We conduct a property inspection to qualify each home prior to listing. We are not responsible for any of the actions or inactions of Members or Hosts.
1.5 We may change these Terms of Service on an ongoing basis at any time, and we will post any new versions of our Terms of Service on our website. By continuing to use the Service, you are expressly agreeing to the Terms of Service in operation at that time. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the platform. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. For the avoidance of doubt, the applicable terms of the Host/Guesthouse Agreement for Bookings will be those that are in force at the time of the relevant Booking.
1.6 The Host agrees and warrants that they will at all times ensure that their Listings are up to date and accurate and the Member agrees that, before booking, they have carried out all necessary investigations to ensure that the proposed Accommodation meets their needs.
1.7 We carry out due diligence, including background checks and income verification on Members prior to booking. We reserve the right to deny or refuse access to booking upon failure to complete or pass the background check and income verification. We carry this out through a third-party provider who investigates the Member's background as judged appropriately by us without any discrimination of race, origin, sex, gender, or disability.
1.8 Guesthouse is unable to guarantee that access to the Guesthouse website, platform and other Guesthouse applications will always be available, or that any content on it will be free of interruption, errors or omissions. However, we will use reasonable skill and care to avoid any such interruptions, unavailability, errors or omissions by having appropriate performance, security and quality controls in place.
2. BECOMING A GUESTHOUSE MEMBER
2.1 In order to become a Guesthouse Member (and therefore be able to book an Accommodation through our platform), you will need to create an account with us.
2.2 You will be asked to provide us with certain registration information – this information must be true and accurate.
2.3 You must be at least 18 years of age to create an account and become a Guesthouse Member. You are not permitted to make more than one account on the Service.
2.4 When you choose an email and/or password during the account sign-up process, please keep it confidential and do not disclose it to anyone else. If you believe your account has been compromised, you must contact us immediately at firstname.lastname@example.org.
2.6 We take discrimination very seriously and as a Guesthouse Member you must not discriminate against anyone for any reason or be abusive, offensive or defamatory. You must not post any communications which are discriminatory, offensive or defamatory on the website and/or our platform or other media and must not act in a discriminatory way either in writing or in person. We have the right to block your access to and use of the website, platform, media and Guesthouse services and to remove you as a Guesthouse Member. We may also deny access to Accommodations if you are a Member (in which case, on our notification to you, your Booking will be deemed to be canceled by the Member and the Guesthouse Cancellation Policy will apply). Guesthouse’s decision on the application of the provisions of this clause is final and binding on all parties.
3.1 If you are acting in the capacity of an agent or manager for a Member or Host (as defined below) you hereby confirm and warrant to us and the other party that you have the irrevocable authority to enter into and bind the Member or Host (as applicable) under these Terms of Service and Host/Guesthouse Agreement including the right to offer and make Bookings. You further warrant that the Member or Host (as applicable) has read and understood these Terms of Service and Host/Guesthouse Agreement and, as applicable, the Guesthouse Cancellation Policy, and understands that by authorizing you to act as their agent/manager they are bound by these Terms.
3.2 If the Member uses an agent to make a Booking on the Member’s behalf the Member warrants and represents to Guesthouse and the Host that the agent has irrevocable authority from the Member to make the Booking on the Member’s behalf and bind the Member to these Terms.
3.3 We do allow Hosts to appoint agents (“Managers”) to manage the Host’s Listing(s) and comply with the Host’s obligations contained in these Terms of Service and the Host/Guesthouse Agreement.
3.4 It is the responsibility of the Host to agree with their Manager the extent of the Manager’s authority and Guesthouse shall not be liable for any actions taken by the Manager outside their authority. As Host you warrant and represent to us and we are entitled to assume that, where a Host has appointed a Manager, we may deal with and take instructions from the Manager on all aspects of Listings and Bookings unless otherwise notified in writing by the Host. For the avoidance of doubt this includes (but is not limited to) approving listings, accepting bookings, abiding by Guesthouse’s Cancellation Policy and House Rules, accommodation charges, calendar availability and performing any other Host services and obligations.
3.5 An agreement made between a Host and their Manager must not conflict with these Terms of Service and the Host/Guesthouse Agreement and any other terms applicable to Bookings.
3.6 Hosts should exercise due diligence and care when deciding who to appoint as their Manager. As Host you acknowledge that reviews from Members may be affected by a Manager’s conduct and performance.
3.7 If the Host no longer wishes to use their Manager, the Host must notify us in writing and we will change the Host contact details on our system. The Host will be bound by any bookings, decisions, acts or omissions made by the Manager before we received notice that the Manager has been disinstructed by the Host. We have one named Host on our system to whom all communication will be sent and instructions will be taken and therefore if the Host has appointed a Manager it will be the Manager’s details that are named and with whom we will communicate.
4. BOOKING ACCOMMODATION
4.1 Members may use the platform to review Listings and check availability.
4.2 Before a Member can make a booking request for Accommodation (“Booking Request”), the Member must accept membership terms, pay for membership, and pass a background check and income verification.
4.3 The Member is then taken to a page where they review the Booking Request which will set out details of the Booking. If you wish to proceed then the Member confirms the Booking Request by entering payment details, accepting the Terms of Service and Guesthouse’s Cancellation Policy and where appropriate the House Rules. By doing this the Member confirms the Booking Request.
4.4 By confirming the Booking Request and providing their payment card details, the Member is offering to enter into an agreement to occupy the Host’s Accommodation for the stated period at the stated price. The Member is also offering to pay for any additional services set out in the Booking Request. By submitting a Booking Request the Member is agreeing to be bound by these Terms of Service, Guesthouse’s Cancellation Policy and the House Rules. They are also confirming that they have reviewed the Accommodation Listing and that the Accommodation is suitable for any specific needs that they may have.
4.5 All Accommodation Listings are a “request to book” service and Member will be notified within 24 hours of the Booking Request that the Booking has been accepted or rejected. A booking (“Booking”) is confirmed at the date and time when a Booking Confirmation is sent to the Member and this is the Booking Time for the purposes of applying and interpreting Guesthouse’s Cancellation Policy.
4.6 At the same time as sending the Booking Confirmation, we will collect partial or full payment (dependent upon date of Booking in relation to check in date) in the amount set out in the Booking Request. We act as the Host's and Member's intermediary platform for concluding the agreement for the occupation of the Accommodation. The Member will be responsible for all taxes arising as a result of its rental of the Accommodation – including for example any sales tax (or equivalent) - and these will be included in the figure in the Booking Confirmation. Members agree that if the sales tax (or equivalent) collected by us on making a Booking is not enough to fully discharge the Member's tax liability for a Booking, they will pay either to Guesthouse or to the appropriate tax authority any additional amounts due to the appropriate tax authority. Members also acknowledge that we may, if required, stop collecting taxes due from the Member on Booking and in this case we will let you know and it will then be the Member's responsibility to pay any taxes due for the Booking to the relevant tax authority.
4.7 As a Member, once your Booking has been confirmed, the reservation is personal, exclusive and non-transferable without prior consent of Guesthouse. If you decide that you would like to order further additional services or remove any additional services, you must contact Guesthouse to make the request (although note that some additional services will need to be booked or cannot be cancelled without giving notice at least 48 hours prior to your arrival (or longer where the additional service provider requires more than 48 hours to cancel in accordance with their own terms and conditions).
4.8 If the Member does not receive a Booking Confirmation or notification that the Booking has been rejected within the timescales referred to above, please let us know immediately by emailing us at email@example.com.
4.9 The Member and the Host agree that a legally binding contract between the Member and the Host on the terms of this Agreement is formed and entered into when the Booking Confirmation is dispatched.
4.10 The Member and the Host agree with each other and with Guesthouse that they will at all times comply with the terms of this Agreement entered into in relation to the Booking. If the Member and the Host mutually agree any terms or arrangements which are outside the scope of the this Agreement then any such terms or arrangements are at the risk of the Member and Host and do not form part of any agreement facilitated by Guesthouse and Guesthouse shall exclude all liability relating to any such terms or arrangements. Any such terms must not conflict with these Terms of Service and these Terms of Service take precedence.
4.11 Members understand that a confirmed Booking of Accommodation is a month-to-month or sublet agreement granted by the Host to the Member to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with the terms of this Agreement.
4.12 Members agree with the Host and Guesthouse:
4.12.1 to leave the Accommodation no later than the move-out time specified in the Listing or such other time as mutually agreed upon;
4.12.2 that if they stay past the scheduled move-out time without consent, a late move-out fee of $150 will be charged to the card on file, and the original agreement is void. The Host is entitled to make the Member leave in a manner consistent with applicable law;
4.12.3 any personal belongings left behind by the Member after the scheduled move-out time will be discarded;
4.12.4 to pay to the Host (through Guesthouse as the Host’s collection agent) on demand an overstay fee (as defined below) for the period from and including the move-out time until the Member checks out of the Accommodation; and
4.12.5 that the Host may instruct Guesthouse (acting as the Host’s collection agent) to deduct such overstay fee from the Member’s payment card.
4.13 The “overstay fee” is calculated at a daily rate for each 24 hour period starting at the move-out time and is the total sum of the following:
4.13.1 an amount equivalent to two times the average nightly Accommodation Charges for the Booking; plus
4.13.2 an amount equivalent to the linked Guesthouse Fee; plus
4.13.3 any reasonable ancillary costs for example payment charges that are incurred by the Host and/or Guesthouse in taking payment; plus
4.13.4 legal expenses incurred as a result of the Member overstaying.
4.14 If the Member requires the Host to arrange for a third party to provide goods or services, the Member acknowledges and agrees that the supply of those goods or services will be subject to the relevant third party’s terms and conditions, and neither we nor the Host will be responsible for any failure in performance by that third party.
5. CHARGES, FEES AND PAYMENTS
5.1 Certain fees are payable in relation to our services as follows:
The “Accommodation Charges”: these are the charges that we collect from Member on behalf of Hosts for the occupation of the Host’s Accommodation and any additional services that have been ordered.
The “Security Deposit”: this is the amount specified in the Accommodation Listing which is a deposit against any damage caused to the Accommodation during each Member's stay. The amount will be applied as set out in this clause 5.
The “Guesthouse Service Fee”: this is the fee that we charge to Hosts for the provision of our service. Hosts acknowledge and agree that once the Booking Confirmation has been sent, Guesthouse’s Service Fee is non-refundable.
The “Guesthouse Membership Fee”: this is the subscription fee that we charge to Members for the provision of our service. The Guesthouse Membership Fee is $299 per year plus applicable sales taxes. Members acknowledge and agree that once the Guesthouse Membership Fee is processed it is non-refundable with the exception of failure to pass the background check and income verification.
The Host “Onboarding Fee”: we charge a one-time Onboarding Fee to Hosts to help cover the cost of inspecting the home and creating and maintaining the Listing. The Onboarding Fee is $350 plus applicable sales taxes and is deducted upon the first Booking. Hosts acknowledge and agree that once the Onboarding Fee has been collected it is non-refundable.
Guesthouse may charge Members and Hosts for other products and services from time to time. These will be agreed with the Host or Member at the relevant time.
5.2 Where additional payments have been agreed between Members and Hosts after the Booking has been made (including but not limited to payments for additional services not included in the Booking and/or payments for loss or damage to the Accommodation during the stay) we reserve the right to charge Members and Hosts (as applicable) up to 3% of the value of the payment plus applicable sales taxes to cover our out of pocket expenses in facilitating the payments between Members and Hosts. For the avoidance of doubt this includes payments after the end of the Member’s stay due to damage caused by the Member.
5.3 When, as a Member, you are required to provide us with payment card details, you must be the holder of that card or expressly and legally authorized by the holder to use the card for the intended purpose. If you, as a Member, expressly authorize a third party to use your card, you are warranting and representing to Guesthouse that such authorization is legal and permitted by the credit card company. You agree to pay all charges incurred by you or any users of your account at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Bookings and notified to you.
5.4 The Host appoints and expressly authorizes Guesthouse to act as a collection agent solely for the limited purpose of taking payments from and, where applicable providing refunds to, the Member on behalf of the Host in relation to Bookings. You, as Member, acknowledge and agree that if we take any payments from you, we are doing so as a collection agent acting on behalf of the Host for the limited purpose of accepting payments from you and passing the Accommodation Charges and if applicable the Security Deposit and other payments due to the Host in accordance with the terms of these Terms of Service and the Guesthouse/Host Agreement and, as collection agent, we will be the merchant on record for taking payments.
5.5 We may round up or round down amounts that are payable from or to Members or Hosts, as reasonably necessary.
5.6 If you are a Member and are due a refund under the Guesthouse Cancellation Policy, then, provided that the Booking was fully paid for and that the Member has not made (and has confirmed to us that they will not make) any chargeback request, we will pay the refund amount due to you within 14 days after we receive notice of cancellation, provided that we have retained or are able to collect the relevant monies from the Host. If we do not hold the relevant monies then the Host agrees that they will pay the refund within 14 days after notification of cancellation. Note that the Guesthouse Fee is non-refundable except in limited circumstances which will be set out in the Guesthouse Cancellation Policy. Please note that neither we, nor any Host, will be responsible for any additional fees, costs or expenses that you have incurred in relation to a cancelled booking (including travel costs or event tickets). You are therefore strongly advised to take out adequate travel insurance to cover any booking you make via Guesthouse.
5.7 Members shall be responsible for paying any sales (or equivalent) that may be payable in relation to the occupation of the relevant Accommodation under applicable law. Please see clause 4.6, which sets out how we currently deal with sales (or equivalent).
5.8 The Member is not permitted to make and the Host is not permitted to take any payments to the Host outside of the Guesthouse service (including paying in cash for additional services). Guesthouse shall not be liable to the Member (or to the Host) in relation to any payments that the Member makes outside of Guesthouse’s service or for the delivery/non-delivery of services in relation to those payments.
5.9 For Bookings longer than 30 days, payment is due upfront in-full unless otherwise agreed upon by Guesthouse, Host and Member. For Members who enroll in monthly installments, payment for the following month is due two weeks prior to the renewal date. If a monthly installment is not paid and received within 5 business days of the due date, the Booking’s move-out date will be updated to the last day of the current Booking to which payment was initially processed and Guesthouse reserves the right to begin remarketing the Accommodation.
5.9 The Host is not permitted to charge the Member an end-of-stay cleaning fee as an additional cost. However, if the Accommodation is heavily soiled and in the Host’s reasonable opinion industrial cleaning is required after the stay, the Member expressly authorizes us (on behalf of the Host) to deduct from the Member's payment card an amount from the Security Deposit to cover the reasonable costs of such cleaning up to a maximum amount equivalent to the Security Deposit. If the amount required (together with any other amount due to the Host from the Security Deposit) exceeds the Security Deposit then the balance shall be paid by the Member to the Host on demand.
5.10 The Member expressly authorizes Guesthouse (on behalf of the Host) to deduct from their payment card the cost of any damage to the Accommodation and its contents, (other than reasonable wear and tear), which occurred during their stay up to the value of the available Security Deposit (after taking into account any other claims on the Security Deposit). If the cost of the damage to the Accommodation is greater than the value of available balance on the Security Deposit, the Member will still be liable to the Host for the full cost of the damage and the balance shall be paid by the Member to the Host on demand. Any complaints the Member may have in relation to deductions made from the Security Deposit should be addressed in accordance with Clause 7 “Complaints and Dispute Resolution” below.
5.11 If the Host requires Guesthouse to make any deductions from the Security Deposit we will notify the Member of the deduction within 3-5 business days of making the deduction together with the Host’s reasons for the deduction.
On some occasions the Member and Host may agree to a security deposit being paid in advance of the stay. When this applies the Host will take the relevant security deposit from the Member and any additional particular terms relating to such deposit may be agreed between the parties.
5.12 The Member's right to initiate a chargeback on the payment card is subject to the provisions of Clause 7.12.
5.13 If you do not comply with Clause 7.12 before making a chargeback request or if you make a payment for a Booking and later dispute this legitimate charge by raising an unmerited chargeback (as determined by us in our sole discretion), whether fraudulently or otherwise then we may take such steps as we deem fit (including using any lawful means) to recover all monies from you resulting from such unmerited chargeback together with our costs and expenses in doing so. We will not tolerate chargeback fraud.
5.14 An unmerited chargeback includes, but is not limited to, disputing a charge made pursuant to the Guesthouse Cancellation Policy; disputing charges made by the Host or us when you have not used reasonable efforts to resolve the dispute with the Host in accordance with Clause 7 “Complaints and Dispute Resolution”; requesting a chargeback without legitimate reason and/or evidence and supporting information in respect of the chargeback.
5.15 Payment Term Key Definitions
1. "Payment Method" means the financial instrument you have selected at check-out, such as a credit card.
5.16 Guesthouse may, in its sole discretion, round up or round down amounts that are payable from or to Members or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar); for example, Guesthouse may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
6. CANCELLATION AND REFUNDS
CANCELLATION BY GUEST
6.1 Members can cancel a Booking at any time subject to the terms of the Guesthouse Cancellation Policy (“Guesthouse Cancellation Policy”).
6.2 The terms of the Guesthouse Cancellation Policy are incorporated into these Terms of Service and are binding on all parties. It is very important that before making a Booking, Members review the Guesthouse Cancellation Policy. If Members do not understand any of the terms of the Guesthouse Cancellation Policy they should contact Guesthouse who will explain. By making a Booking, Members confirm that they understand and are bound by the terms of the Guesthouse Cancellation Policy which will be strictly interpreted.
6.3 The Member acknowledges and agrees that refunds are only available in accordance with the Guesthouse Cancellation Policy (unless the Member Refund Policy set out below applies).
6.4 Members can get a full refund only if they cancel their reservation at least 30 days before their move-in date. Members can get no refund if they cancel their reservation less than 30 days before their move-in date.
To cancel the Member must send an email to firstname.lastname@example.org which must clearly state that the Member is canceling their Booking. The time that our server receives their email will be the time that the Member has notified us of the cancellation and will be the time taken to be the cancellation date and time (the “Cancellation Time”) for the purposes of applying the terms of the Guesthouse Cancellation Policy.
6.5 We will notify the Host of the cancellation notification within 1 business day of receiving the email from the Member.
6.6 Guesthouse’s Service Fee is non-refundable except if the Booking qualifies for free cancellation in accordance with the Guesthouse Cancellation Policy or if the Member is entitled to a refund under the Member Refund Policy. If Guesthouse’s Service Fee is refundable we will refund it to the payment card used for the Booking. The Host will refund any part of the Accommodation Charges due to the Member in accordance with the Guesthouse Cancellation Policy to the payment card used for the Booking within 14 days of a valid cancellation.
6.7 If the Member arrives for move-in with a greater number of guests or pets than as stated in the Booking Confirmation or is clearly going to be in breach of the House Rules set out in the relevant Listing then the Host or Guesthouse is entitled to refuse access to the Accommodation and this will be a deemed cancellation on the day of move-in by the Member and the Guesthouse Cancellation Policy will apply. The Host must notify us within 1 hour of this event.
6.8 If the Member fails to move-in within 24 hours of the move-in time set out in the Listing then it is deemed a cancellation by the Member (unless otherwise agreed by the Host) and the Guesthouse Cancellation Policy shall apply. If the Member is going to be late for move-in then they should notify Guesthouse through the Guesthouse platform or by emailing us in advance of the move-in time in order to rearrange a new move-in time.
6.9 Member Refund Policy
6.9.1 Hosts agree not to cancel a Booking except in extraordinary circumstances.
6.9.2 Nonetheless if the Host:
22.214.171.124 cancels a Booking; or
126.96.36.199 is deemed to have cancelled a Booking (“deemed cancellation”) because either they did not give access to the Accommodation at the move-in time or any rearranged mutually agreed reasonable time (e.g. did not provide access to keys or any necessary security codes) or because the Host’s action(s) have led to a deemed cancellation under Clause 2.6);
then clause 6.9.3 shall apply.
6.9.3 If any of the events in clause 188.8.131.52 or 184.108.40.206 arise then if, as Guest, you have satisfied the following conditions:
1. you have not directly or indirectly caused the circumstances set out above (through your action, omission or negligence); and
2. you are the Member that made the Booking; and
3. you have used reasonable endeavours to cooperate with Guesthouse or the Host if they needed to arrange an alternative reasonable move-in time; and
4. you notified Guesthouse that you were going to be unavailable at the move-in time and made reasonable alternative move-in arrangements then you may notify us of your refund claim. You must do this within 24 hours of the Host’s cancellation or deemed cancellation.
6.9.4 We will then notify the Host and if we, at our sole discretion, agree that one of the circumstances in 220.127.116.11 or 18.104.22.168 above arose and we agree that the Member satisfied all of the conditions in 6.9.3 then, provided that the Member has not made (and has confirmed to us that they will not make) a chargeback request, we will, in cooperation with the Guest, either:
22.214.171.124 transfer the Booking/payment to another reasonably equivalent Guesthouse property of the Member's choice (subject to availability and suitability). If the charges for the new property are:
1. less than 20% higher than the charges for the Accommodation originally booked then Guesthouse will pay the additional amount;
2. more than 20% higher then the charges over the 20% figure will be payable by the Guest;
3. lower than the charges for the Accommodation originally booked we and the Host agree to refund any excess to the Member; or
126.96.36.199 refund to the Member the Accommodation Charges, Guesthouse Service Fee and any fees or payments that the Member paid for additional services when they made the Booking.
6.9.5 If the Host disputes the Member's claim for a refund then, having considered the evidence from both parties, we will determine whether a refund is due to the Member and our determination shall be final and binding on all parties.
6.9.6 Both the Member and the Host agree that they will act in good faith and cooperate with us and each other in the event of a refund claim being made.
6.10 Please note that neither we, nor any Host, will be responsible for any additional fees, costs or expenses that the Member has incurred in relation to a cancelled Booking (including travel costs, event tickets, moving fees, etc.). The Member is therefore strongly advised to take out adequate travel insurance to cover any Booking made via Guesthouse.
6.11 This Member Refund Policy takes precedence over the Host’s Applicable Cancellation Policy.
7. COMPLAINTS AND DISPUTE RESOLUTION
7.1 The following provisions apply to disputes that arise between Members and Hosts in relation to Bookings.
DISPUTES ON MOVE-IN
7.2 If the Host has provided an inventory and the Member finds that there are items missing from the inventory or that the appliances in the Accommodation are materially not as described in the Listing or not in working order then the Member must notify the Host within 24 hours of move-in.
7.3 If the Member reports any of the issues set out in Clause 7.2. above to the Host then the Host must use all reasonable endeavours to remedy the situation to the Member's reasonable satisfaction within 24 hours of notification. If it is not possible to remedy within 24 hours then the Host must communicate with the Member and arrange for remedy as soon as reasonably practicable.
DISPUTES ARISING DURING THE MEMBER’S STAY
7.4 If during the Member's stay any problems arise with the Accommodation and/or the appliances in the Accommodation then the Member must notify the problems to the Host as soon as reasonably possible and in any event within 24 hours of discovery of the problem, the Host must use all reasonable endeavours to remedy the situation to the Member's reasonable satisfaction within 24 hours of being notified of it. If it is not possible to remedy within 24 hours then the Host must communicate with the Member and arrange for remedy as soon as reasonably practicable.
7.5 Any complaint from a Host in relation to damage to the Accommodation or any other issue with the stay must be communicated to the Member and to us within 72 hours after the Member's departure.
7.6 Any complaint or dispute from a Member in relation to deductions from the Security Deposit must be communicated to the Host and us within 72 hours of the Member being notified of the deduction.
REPORTING TO GUESTHOUSE MEDIATION AND ARBITRATION
7.7 The Member and the Host agree to act in good faith and cooperate with each other to resolve any dispute. However, if the Host and the Member have not resolved any dispute referred to in Clause 7.2-7.6 within 72 hours of one party notifying the other of the dispute then either party may notify Guesthouse.
7.8 The Host must notify Guesthouse within 72 hours after the Member's departure if damage has been caused to the Accommodation. We will also ask the Host to provide evidence of any such damage. If the Host does not make a notification within 72 hours, we will presume that any damage is not the fault of the Guest, unless evidence suggests otherwise.
7.9 Where a complaint has been escalated to us (including a complaint in relation to damage to the Accommodation and/or deductions from the Security Deposit), we will investigate the issue and respond to the Member and/or the Host as soon as is reasonably practicable. We will use the contact information provided in the Booking Confirmation to communicate with each party unless otherwise advised. Each party will need to provide us with all information and evidence we reasonably require to investigate the complaint. We will use our reasonable endeavours to mediate and resolve any dispute within 7 days after it is first notified to us, but we give no warranty or undertaking that we will successfully mediate any dispute during this 7-day time period, or at all.
7.10 If after 7 days from the date of notification to Guesthouse of any dispute (or earlier if Guesthouse decides in its absolute discretion that it will not be able to facilitate a resolution of the dispute within that time), the dispute has not been resolved, then the Member and the Host may agree to professional mediation. Please note that Guesthouse is not obliged to use an alternative dispute resolution entity to resolve disputes between its users.
7.11 Both parties agree to cooperate with and assist Guesthouse in good faith, and to provide Guesthouse with such information and take such actions as may be reasonably requested by Guesthouse, in connection with any damage claims or other complaints or claims made by the other party relating to the stay at the Accommodation or any personal or other property located at an Accommodation.
7.12 The Member agrees not to issue proceedings against the Host or initiate a chargeback on the payment card until the expiry of any mediation and/or Arbitration proceedings carried out in accordance with this Clause 7.
8. IDENTITY OF MEMBER(S) AND CONDUCT
8.1 The individual making the reservation must be a guest staying at the Accommodation – unless the Member has clearly notified the Host otherwise (e.g. booking the Booking is being made by an agent) in which case Clauses 3.1 and 3.2 above shall apply.
8.2 The maximum number of people permitted to stay at the Accommodation is stipulated in the Listing. If there are more people than this in occupation then Clause 6.7 applies.
8.3 We help the Member or the Host with answering any questions that may arise.
8.4 Unless otherwise agreed with the Host you must be over the age of 25 to reserve Accommodation through our site. Under 25’s are entitled to be included as additional Members subject to the applicable House Rules for the Accommodation.
8.5 Guesthouse operates a zero-tolerance policy and reserves the right to cancel a Booking without refund or charge additional fines for conduct including but not limited to noise complaints, smoking including cigarettes, marijuana, vapes, use of any illegal drugs on or near the Accommodation, public disturbance, and parties or large gatherings of any sort for more than 5 guests, excessive dog barking, destruction to the Accommodation or property.
9. CANCELLING YOUR GUESTHOUSE MEMBERSHIP – TERMS APPLICABLE TO GUESTS
9.1 You may cancel your registration with us (and therefore your Guesthouse Membership) at any time by sending an email to email@example.com.
9.2 We may suspend or terminate your registration (and therefore your Guesthouse Membership), by sending you an email, if you have breached these Terms of Service (or we reasonably suspect you have done so).
9.3 Please note that cancelling your membership will not entitle you to any refund in relation to Accommodation that you have booked and paid for prior to the date of any cancellation or termination.
9.4 For the avoidance of doubt, this Clause 9 does not apply to members who are Hosts.
10. CONTENT-RELATED PROVISIONS
10.1 We, or our licensors, own all rights in our website and all content that is made available through the Service, including all text and images, and photographs in relation to your Accommodation (digital content). This includes all intellectual property rights.
10.2 In consideration of you agreeing to abide by these Terms of Service, we grant you as Host a non-transferable, non-exclusive, non-commercial licence to use our Service during the period of your Guesthouse Membership for the purposes of managing your accommodation (if applicable). Anything outside these uses are prohibited including use of our photographs. We reserve all other rights.
10.4 To the extent that the Service provides a platform for third party applications, websites and services or links to third party websites, you acknowledge and agree that we are not responsible for the features or content contained within, or made available to you by, any third party application, service or link.
11. ACCESS TO AND USE OF OUR WEBSITE
11.2 If we make available functionality which allows you to provide a rating and review for use on our website, you agree that: (a) the review represents your honestly-held belief following your stay at the Accommodation, which is fair, truthful and factual; (b) your rating and/or review shall not be offensive, defamatory or discriminatory (c) we have the right to use that review on our website or other media platforms, and modify its content, at our discretion; (d) we have the right to attribute that review to your username; and (e) we may remove the review from our website at any time and in our sole discretion. We disclaim any and all liability, to the extent permitted by applicable law, in relation to any reviews on our website.
11.3 Although we review the Accommodation as detailed on our website, we do not perform extensive background checks on Host’s identities.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
12.1 THE SERVICE AND ALL CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. GUESTHOUSE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GUESTHOUSE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND GUESTHOUSE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR GUESTHOUSE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF GUESTHOUSE’S ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Guesthouse does not disclaim any warranty or other right that Guesthouse is prohibited from disclaiming under applicable law.
12.2 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GUESTHOUSE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PLUM GUIDE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
12.3 EXCEPT AS PROVIDED IN SECTION 14.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF GUESTHOUSE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO GUESTHOUSE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
12.4 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.5 Notwithstanding the foregoing, nothing in these Terms of Service shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) our fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.
12.6 To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Guesthouse and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Guesthouse Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
12.7 Our liability to Guesthouse Members in their capacity as Hosts shall be as set out in the Host/Guesthouse Agreement
12.8 Hosts are independent contractors and not agents of Guesthouse. Guesthouse is not liable for the acts, errors, or omissions, representations, breaches or negligence of Hosts.
12.9 Parties shall not be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of their obligations in these Terms of Service if such delay or failure results from a terrorist attack or damage to the Accommodation caused by fire, flood or explosion.
12.10 The Member expressly agrees that, (except as otherwise set forth in this Section 12) neither Guesthouse nor our employees or agents are responsible or liable in any way for any damage or injury which the Member or any member of its party may suffer in connection with the Accommodation.
12.11 The Member agrees to pay the Host in full for the reasonable costs, claims, liabilities or expenses suffered by the Host as a result of their breach of the Terms of Service (or the breach by any person in the Accommodation during their stay).
13. DISPUTE RESOLUTION AND ARBITRATION
13.1 Generally. In the interest of resolving disputes between you and Guesthouse in the most expedient and cost effective manner, and except as described in Section 14.2 and 14.3, you and Guesthouse agree that every dispute between you and Guesthouse arising in connection with these Terms of Service will be resolved by binding arbitration. Disputes between Members and Hosts will be resolved in accordance with Section 7. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GUESTHOUSE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
13.2 Exceptions. Despite the provisions of Section 14.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
13.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 14 within 30 days after the date that you agree to these Terms by sending a letter to Guesthouse Technologies, Inc., Attention: Legal Department – Arbitration Opt-Out, 8605 Santa Monica Blvd PMB 32486, West Hollywood, CA 90069 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“ Opt-Out Notice ”). Once Guesthouse receives your Opt-Out Notice, this Section 14 will be void and any action arising out of these Terms will be resolved as set forth in Section 15.5. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
13.4 Arbitrator. Any arbitration between you and Guesthouse will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Guesthouse. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
13.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Guesthouse’s address for Notice is: Guesthouse Technologies, Inc. 8605 Santa Monica Blvd PMB 32486, West Hollywood, CA 90069. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Guesthouse may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Guesthouse must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Guesthouse in settlement of the dispute prior to the award, Guesthouse will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $1,000.
13.6 Fees. If you commence arbitration in accordance with these Terms, Guesthouse will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Guesthouse for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
13.7 No Class Actions. YOU AND GUESTHOUSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Guesthouse agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
13.8 Modifications to this Arbitration Provision. If Guesthouse makes any future change to this arbitration provision, other than a change to Guesthouse’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Guesthouse’s address for Notice of Arbitration, in which case your account with Guesthouse will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
13.9 Enforceability. If Section 14.7 or the entirety of this Section 14 is found to be unenforceable, or if Guesthouse receives an Opt-Out Notice from you, then the entirety of this Section 14 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 15.5 will govern any action arising out of or related to these Terms.
14.1 In the event of any dispute between a Host and a Guest, please follow the complaints procedure set out in Clause 7 of these Terms of Service.
14.3 We may, but are not obliged to, manually monitor, review, respond to or hide all communications on our website for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support services. We may also monitor, review, respond to or hide communications to debug, improve and expand our product offerings.
14.5 These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Guesthouse submit to the personal and exclusive jurisdiction of the state courts and federal courts located within California for resolution of any lawsuit or court proceeding permitted under these Terms.
14.6 In the event that a document needs to have a formal signature from a party then we, the Member and the Host agree that it may be signed by electronic signature (whatever form the electronic signature takes) and that this method of signature is as conclusive of the party’s intention to be bound by the document as if signed by that party’s manuscript signature. For the avoidance of doubt the Host/Guesthouse Agreement and the Guest/Host Agreement do not need a formal signature as their terms are binding in accordance with the provisions contained in these Terms of Service.
14.7 If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
Last updated: 29 December 2021