Direct Premium Guest Terms of Service
Last Updated: 30 January 2023
These Terms of Service (these “Terms”) constitute a binding legal agreement that governs a Guest’s (as defined below) use of the Services (as defined below) in connection with the short-term rental of real property (an “Accommodation”) from third-party Sellers (as defined below) as specified in a confirmed reservation between Guest and Hospitable, Inc. (“Hospitable”), and these Terms govern each Guest’s right to use the websites, applications, and other offerings made available by Hospitable from time to time, including the “marketplace” (the “Marketplace”) where Sellers connect with Guests (collectively, the “Services”).
A user of the Services who offers property for short-term rental via the Services (a “Listing”) is referred to herein as a “Seller”, and an individual or entity that uses the Services to make booking requests and/or purchase short-term rental offerings is referred to herein as “Guest” or “you” (Sellers and Guests collectively, the “Members”). When you receive a booking confirmation, you form a direct contract with the applicable Seller to receive hosting services with respect to a particular Accommodation (a “Reservation”).
1. Guest Responsibilities.
1.1. Use of Services. By accessing the Services, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies set forth or referenced in these Terms (as they may be modified from time to time), as well as any additional terms, conditions, rules, or policies imposed by Seller with respect to an Accommodation.
1.3. Supplemental Rules. Certain jurisdictions, resorts, and specific homes require Guests to agree to supplemental terms and conditions. Sellers may require you to accept supplemental rules or agreements at the time of booking, and such rules and agreements shall, in addition to these Terms, govern your use of the Accommodation. It is your responsibility to read and understand the Seller’s rules and policies, including the Seller’s cancellation and refund policy,and the risks and liabilities you assume through your use of the Accommodation. When you make a booking, you agree to comply with such Seller-imposed supplemental rules and policies.
1.4. Good Neighbor Policy. Because the lodging property offered for Accommodation is a privately owned home, all Occupants must comply with this good neighbor policy. Please treat the Accommodation with the same care you would use with your own home and leave it in the same condition it was in when you arrived. To prevent theft of, or damage to, furnishings or your personal property and the Accommodation, you agree to close and lock doors and windows when you are not present at the Accommodation, including upon check-out. You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and in a manner that will not prompt complaints to Hospitable or the Seller from police, neighbors, homeowner associations, or neighborhood associations. You agree to keep outside noise to a minimum between the hours of 10:00 pm and 6:00 am. You and all other Occupants agree to abide by all applicable parking restrictions and limitations.
1.5. Number of Guests; Maximum Occupancy. You agree to not exceed the maximum number of allowed Occupants at an Accommodation. Without the Seller’s prior written consent, the number of people present at the Accommodation may not exceed the maximum posted occupancy.
1.6. No Permanent Residence. You agree that your use of the Accommodation is on a temporary, short-term, and transient basis only and that the Accommodation is not, and will not be, your permanent residence. Occupants may not use the Accommodation as a permanent residence.
1.7. Animals. No animals or pets of any kind are permitted at the Accommodation, except (a) as specifically authorized by the Seller in your written reservation, or (b) bona fide service animals that are required by law to be permitted. Emotional support animals are not permitted except as specially authorized by the Seller in your written reservation. Notwithstanding the foregoing, you agree that you understand that animals may have been inside the Accommodation and that animal allergens may be present at the Accommodation.
1.8. Events and Commercial Photography; Structures; Charcoal Grills. Events, commercial photography or filming, and the erection of tents or other similar structures are prohibited at the Accommodation without the Seller’s prior written consent. Additional conditions and fees may apply with respect to any such activity. The use of portable charcoal grills in the Accommodation is prohibited, unless it is expressly provided as an amenity by the Seller.
1.9. Criminal Activity Prohibited. Use of the Accommodation for any criminal activity is prohibited and may result in fines, prosecution, and/or any or all Occupants’ immediate removal from the Accommodation. This prohibition extends to use of internet service, if any, for criminal activity, including, but not limited to, unlawful downloads of copyrighted material, including movies, music, software, or other material. Hospitable and the Seller may cooperate with any investigation of alleged criminal activity that occurs at the Accommodation during your stay. If any unauthorized download of copyrighted material via an Accommodation’s Internet service occurs during the period of your stay, you agree that Hospitable may share your contact information with the internet service provider or any other party that Hospitable believes, for any reason, has enforcement rights.
1.10. Payment Terms; Fraud. If you are paying by credit card, you represent that you are the account holder or an authorized user of the account to which the credit card relates. Hospitable reserves the right to request a different form of payment, if Hospitable becomes concerned about payment. Upon Hospitable’s request, you agree to provide another form of payment and adequate proof that you are the account holder or an authorized user of the account used for payment (such as a government-issued identification card that matches the name on the account). Hospitable may cancel your reservation or remove you and all Occupants from the Accommodation immediately, if you fail to provide a form of payment that can be validated by Hospitable, in Hospitable’s sole discretion. If Hospitable or the Seller suspects fraud, Hospitable or the Seller may share your credit card information and other information about you with law enforcement
2. Breach; Liability for Damage to Property.
2.1. Breach. Any failure by you or any other Occupants to comply with any of these Terms (including any policies implemented by Hospitable from time to time) constitutes a breach of these Terms and may result in a forfeiture of your rights to rent the Accommodation, up to and including immediate removal from the Accommodation without refund and with or without the assistance of law enforcement. Hospitable may terminate your Reservation in accordance with Section 3.7 and/or terminate or suspend your agreement to these Terms and your access to and use of the Services in accordance with Section 10.2(b) immediately upon your breach of these Terms (including any policies implemented by Hospitable from time to time).
2.2. Damage Claims. You agree to indemnify and hold Hospitable harmless from and against, in accordance with these Terms, reasonable Damage Claims (as defined below) resulting from your stay. You are responsible for maintaining the security of the Accommodation during your stay (e.g. locking the door). If you notice any damage to the real property or personal property that constitute the Accommodation, you must report them to the Seller immediately. Without limiting other remedies that may be available to Hospitable or Seller, under these Terms or otherwise, if you agree to pay, or Hospitable, the Seller, or their respective authorized third-party insurance providers, in its sole judgment, finds you responsible for the Damage Claim, you agree that Hospitable, the Seller, or its respective authorized third-party insurance provider is authorized to collect the amount of the Damage Claim from you, including by charging the applicable amount of the Damage Claim to the payment method that you used to book the Reservation. If Hospitable or the Seller is unable to resolve a Damage Claim through the above process, Hospitable or the Seller may, in its discretion, initiate a legal claim against you. Some Accommodations may require a damage deposit or security deposit, and in such case the deposit will be collected and held in escrow in accordance with Seller’s or its third-party service provider’s applicable terms with respect thereto. For purposes of this Section 2.2, “Damage Claims” means claims for (1) any damage or loss that occurs to real or personal property at the Accommodation during your stay; (2) a charge of up to $1,000 for violations of Hospitable’s pet policy, including, but not limited to, for bringing more pets or different types of pets than Hospitable or Seller have specifically authorized; (3) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the Guest policies contained herein (other than the pet policy) or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation.
2.3. Charges upon Overstay. If you fail to leave the Accommodation by the agreed check-out time, you may be held liable for the business impact and damages to the Seller. Beginning one-hour after the agreed check-out time, Hospitable has the right, if you have not left the Accommodation by such time, to charge you two (2) times the average nightly rate of your Reservation, and again every twenty-four (24) hours of your overstay until you vacate the Accommodation.
3.1. Booking. When you complete a Reservation, you agree to pay the total price displayed at checkout, which includes the Accommodation price, any applicable taxes, additional fees imposed by Hospitable and/or the Seller, and certain other items. Upon confirmation of Reservation, you enter into a contractual relationship with the Seller that gives you a limited right to enter and use the Accommodation during the term of your Reservation, only in accordance with these Terms, and any additional rules or information provided by, and any other agreements entered into with, the applicable Seller. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing, during checkout, or in any additional agreement between you and Seller that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to completing a Reservation. Be aware that some Sellers work with a co-host or as part of a team to provide their services and offer Accommodations. You and Hospitable acknowledge and agree that Hospitable is not a contractual party to your booking or Reservation.
3.2. Request for Information and Identification. In connection with your Reservation, you may be asked to provide a copy of your official government-issued photo identification, confirm your contact information, provide a valid credit card with a name that matches your identification, and pass through a verification portal operated by a Hospitable service provider. Such information is collected for screening and verification purposes only and is not stored or used for any other purposes. If you fail to provide any requested information, or if the information provided fails to meet Hospitable’s or such service provider’s generally applicable threshold, Hospitable may, in its sole discretion, elect not to process or confirm your booking.
3.3. Reservations. A Reservation constitutes a limited license to enter, occupy, and use the Accommodation only in accordance with these Terms and all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing and Reservation, during checkout, or in any agreement between you and Seller that apply to the Reservation.
3.4. Service Fee. Fees charged to you in connection with your Reservation include a certain service fee, which will be paid to Hospitable to cover the cost of processing and managing Reservations as well as services to ensure a safe and high-quality Guest experience.
3.5. Early Check-In and Late Check-Out. Early check-in or late check-out may be available upon written agreement between you and the Seller, and additional charges may apply with respect thereto.
3.6. Maintenance or Housekeeping Issues; Property Conditions. The Accommodation is provided to you “as is”, and Hospitable is not responsible for the inoperability or unavailability of any amenities. You acknowledge that if the Accommodation has access to amenities that are shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, that the availability and condition of those amenities is outside of Hospitable’s control. You agree to contact Hospitable, using the contact information provided in your confirmation email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Accommodation, or if any incident occurs at the Accommodation that is related to such a problem or condition. You further agree to give Hospitable a reasonable amount of time to respond to your report and to cooperate with Hospitable’s efforts to address the concern or provide a remedy. Depending on the seriousness of the issue, in Hospitable’s sole discretion, Hospitable will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. You hereby authorize Seller or Hospitable to enter the Accommodation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Accommodation, and to address any situation that Seller or Hospitable may reasonably deem an emergency that threatens persons or property.
3.7. Cancellation and Termination of Guest’s Bookings and Reservations.Hospitable may, at any time and in its sole discretion, cancel, or prevent you from making, any bookings or Reservations that you have made or that are in process, including, but not limited to, in the event of your or another Occupant’s (a) fraud or abuse; (b) non-compliance with applicable laws, rules, or regulations; (c) inappropriate or unlawful behavior (e.g., threats, invasion of privacy, violence); or (d) violation of these Terms or any Seller terms or agreements that are applicable to you. If Hospitable cancels your current Reservation before or during your Reservation period in accordance with this Section 3.7, you will not be entitled to receive a refund of any amounts paid or owed to Hospitable or the Seller. If your booking or Reservation is cancelled in accordance with this Section 3.7 during your Reservation period, you agree to leave the Accommodation immediately upon Hospitable’s delivery of notice (including by telephone or email) of such termination to the email address or telephone number that you provided to Hospitable. If you believe that your Reservation was cancelled in error, please contact the Hospitable team. In Hospitable’s sole discretion, Hospitable may further elect to immediately terminate your agreement to these Terms and terminate, block, limit, or otherwise prevent you from using the Services in accordance with Section 10.2(b)(ii).
4. Cancellations, Refunds, and Modifications.
4.1. General Terms.
Sellers are not permitted to cancel Reservations unless cancellation is necessary due to Extenuating Circumstances (as defined below) or is required by applicable law.
If you elect to cancel a Reservation, the amount paid to you, if any, will be determined in accordance with the cancellation policy that applies to that Reservation (minus any amounts to which Hospitable may be entitled for service fees).
If you need to cancel or modify your Reservation at any time before checking in, you must cancel your Reservation from the link to your itinerary in the booking confirmation email, or, if you need assistance, contact Hospitable email at [email protected]. If you need to cancel or modify your Reservation at any time after checking in, you must contact the Seller. If your cancellation is due to an unresolved issue that you have with the Seller or the Accommodation, and you wish to file a claim, you should contact Hospitable at [email protected] within seventy-two (72) hours of discovering the issue. Please include your booking reference and any relevant evidence in support of your claim. Before submitting a claim, whenever feasible, you must notify the Seller and try to resolve the issue directly with the Seller.
4.2. Travel Problems; Extenuating Circumstances; Seller Cancellation. Notwithstanding Section 4.1 and the terms of any cancellation policy that governs a Reservation, if (a) (i) you experience a Travel Problem (as defined in Section 4.3); or (ii) an Extenuating Circumstance (as defined below) arises; (b) you provide notice to Hospitable of such Travel Problem or Extenuating Circumstance within seventy-two (72) hours after your discovery thereof; and (c) Hospitable determines, in its sole discretion, that such Travel Problem or Extenuating Circumstance has disrupted, or would reasonably disrupt, your stay at an Accommodation, then Hospitable may, in its sole discretion, provide a full or partial refund to you of amounts paid or owed in connection with your Reservation, or in Hospitable’s sole discretion, provide another form of consideration. Any amounts refunded to you pursuant to this Section 4.2, if any, may vary based on the type of issue experienced and the degree to which it affected, or is reasonably likely to affect, your stay at an Accommodation. For purposes of these Terms, “Extenuating Circumstances” shall mean emergency repairs, natural disasters that are not common enough to be foreseeable in the applicable jurisdiction, war, terrorism, and government-imposed travel restrictions.
4.3. Travel Problems. For purposes of these Terms, “Travel Problems” include any of the following, each as determined in Hospitable’s sole discretion:
Seller cancels your Reservation prior to check-in;
Seller fails to provide access to the Accommodation at check-in;
Seller fails to disclose in the Listing that the Seller, another person, or a pet will be present during the Occupants’ stay at the Accommodation;
The Accommodation is not reasonably clean and sanitary;
The Accommodation contains safety or health hazards or pests that make the Accommodation uninhabitable at check-in; or
The applicable Listing for the Accommodation contains a material inaccuracy, such as incorrect type or number of rooms (e.g. bedrooms, bathrooms, and kitchens) or amenities (e.g., swimming pool, free parking, or access to terraces or balconies).
4.4. Unavailability of Property. Except as expressly provided in these Terms, no refunds or other compensation will be owed by Hospitable, and Hospitable shall not be liable to you for any failure to make the Accommodation available for occupancy if the Accommodation is unavailable or becomes partially or wholly unusable for any reason outside Hospitable’s control, including but not limited to adverse weather conditions, natural disasters that are common enough to be foreseeable in the applicable jurisdiction, mechanical failures, or utility outages.
4.5. Substitution of Property. On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, an Accommodation may not be available for rental on the dates of your reservation. In this unlikely event, Hospitable reserves the right to substitute a comparable property for the same dates of your stay. If comparable accommodations are not available, you will have the option of (a) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (b) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all terms in these Terms, plus any Seller-imposed rules specific to the substituted property, shall apply to your stay at the substituted property.
4.6. Booking Modifications. You and the applicable Sellers are responsible for any booking modifications to which you agree via the Services, and you agree to pay any additional amounts, fees, or taxes associated with any booking modification.
4.7. Travel Insurance. Hospitable advises Guests to obtain appropriate and comprehensive travel insurance that covers Guests and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss, and to help protect against financial loss if you must cancel your reservation for a covered reason.
5. Rental Usage. Guests may be required to sign a rental usage agreement that governs the terms of such Guest’s stay at an Accommodation. By completing a booking, you agree that (a) you are bound by, and agree to comply with, these Terms; (b) you will provide a copy of a valid, government-issued identification card and credit card with matching name prior to check-in; and (c) you understand that your check-in instructions might be withheld until you have successfully completed Hospitable’s verification process.
6.1. Acknowledgements about Hospitable. Hospitable provides an online venue for Guests to book Accommodations that are offered for short-term rental by independent third-party Sellers. Hospitable facilitates the booking experience using its Services, but the Guest agrees that the Seller, and not Hospitable, is solely responsible for the Accommodation itself. While Hospitable works hard to provide quality experiences using Hospitable, Hospitable does not and cannot control the conduct of Guests or Sellers. The Seller is solely responsible for the Accommodation, and all Guests and Occupants agree that Hospitable cannot and does not guarantee the accuracy of all information that is provided by Sellers with respect to Accommodations, as Hospitable relies on Sellers to provide their own information. The applicable Seller is responsible for ensuring that all information contained in a Listing or in other information provided to the Guest is accurate, complete, and up-to-date. To the maximum extent permitted by law, Guest and all Occupants agree not to hold Hospitable responsible for, and Guest hereby releases Hospitable from any claims that may arise with respect to, any errors, interruptions, or missing information. The information that Hospitable provides or makes available to Guest via its Services does not constitute a recommendation or endorsement of any Seller or Accommodation.
6.2. Certain Guest Responsibilities.
You are responsible and liable for, and you agree to indemnify and hold Hospitable harmless from and against any losses incurred by Hospitable arising from or in connection with, your own acts and omissions, and you are responsible and liable for, and you agree to indemnify and hold Hospitable harmless from and against any losses incurred by Hospitable arising from or in connection with, the acts and omissions of anyone you invite to, or provide access to, any Accommodation. Without limiting the generality of the foregoing, (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived; (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you or any other Occupants cause to an Accommodation; and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times.
You acknowledge that the relationship between Hospitable and Seller is not one of agency, partnership, joint venture or other employment relationship. Neither Hospitable nor Seller has the right to (i) exercise control or supervision over the other party or its representatives or (ii) direct the operations of the other party or the manner of the other party’s performance with respect to the Services, and each of Hospitable and Seller have disavowed the right to do so. Seller has complete discretion regarding whether, when, and on which terms and pricing to provide services, including Accommodations, to Guests. Neither Hospitable nor Seller has any right, power or authority to assume, create or incur any expense, liability, or obligation, express or implied, on behalf of the other, except as expressly provided herein.
6.3. Acceptable Use. No accommodation booked through Hospitable may be used for prostitution, the consumption or sale of illegal substances, or in any manner not expressly permitted by these Terms or that is not consistent with the rules provided or otherwise made available to you by Seller.
6.4. Assumption of Risk. You acknowledge that many activities carry inherent risks, and you agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Services and any Content (as defined in Section 7), including your stay at any Accommodation, use of any services provided by Seller, or any other interaction that you have with other Members via the Services, whether in person or online. It is your responsibility to investigate the Accommodation and the services offered by Sellers to determine whether they are suitable for you. Services offered by Sellers may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to receive or participate in those services.
8. Fees. Hospitable will charge Guests a service fee, to cover services including, but not limited to: payment processing fees and fees for guest verification, insurance, compliance services and other services to enhance the security of Reservations, and improve the Guest and Seller experience. Hospitable reserves the right to change the service fees at any time. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change, you may terminate these Terms in accordance with Section 10.
9. Additional Obligations
9.2. Reporting Violations. If you believe that a Member, Listing, or Content poses an imminent risk of harm to a person or property, you must immediately contact local authorities before contacting Hospitable. In addition, if you believe that a Member, Listing, or Content has violated these Terms or any other policies that Hospitable implements from time to time, please report your concerns to Hospitable. If you believe that Content on the Marketplace infringes copyrights or otherwise violates a third party’s intellectual property rights, you will provide prompt notice thereof to Hospitable. Except as required by law, you agree that Hospitable is not required to take action in response to any report made pursuant to this Section 9.2.
10. Termination, Suspension and Other Measures.
10.1. Term. The agreement between you and Hospitable reflected by these Terms will be effective as of the time that you first access the Marketplace and will remain in effect until either you or Hospitable terminates your agreement to these Terms in accordance with these Terms.
You may terminate your agreement to these Terms at any time by sending an email to Hospitable at [email protected] or by deleting your account.
(i) Hospitable may terminate your agreement to these Terms and your access to the Services for any reason or no reason upon thirty (30) days’ prior written notice via email or using any other contact information that you have provided to Hospitable.
Notwithstanding the foregoing, Hospitable may, in its sole discretion, (A) suspend, terminate your agreement to these Terms and your access to and use of the Services; (B) suspend or remove your reviews or other Content; (C) cancel any of your pending or confirmed bookings or Reservations; or (D) suspend or revoke any special status associated with your account, in each case immediately and without notice, and may immediately terminate your access to the Services, if (w) you breach these Terms or any policies that Hospitable implements from time to time; (x) you violate any applicable law, regulation, or order or requirement of any court, law enforcement, or other administrative agency or governmental body; (y) Hospitable reasonably believes that termination is necessary to protect Hospitable, its Members, or third parties; or (z) such immediate termination is otherwise expressly permitted by these Terms. If your account has been inactive for more than two (2) years, Hospitable may terminate your account at any time, without prior notice.
For minor violations of these Terms that do not rise to the level of breach, or if otherwise appropriate, in each case as determined in Hospitable’s sole discretion Hospitable will provide written notice to you of any measure that Hospitable intends to take as a result of such violation and will provide you with a reasonable opportunity to cure the issue (as determined in Hospitable’s sole discretion).
10.3. Legal Mandates. Notwithstanding anything in these Terms to the contrary, Hospitable may take any action it determines is reasonably necessary to comply with applicable law, regulation, or requirement or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described in Section 10.2.
10.4. Effect of Termination. Upon termination of your access to the Services and your agreement to these Terms, any of your pending or confirmed bookings or Reservations will be automatically cancelled, and, subject to the limitations set forth in these Terms, any Reservation, or any other agreement between you and the Seller, you will receive a full refund. Upon termination of your access to the Services and your agreement to these Terms, you will not be entitled to a restoration of your account or to any of your Content. If your access to or use of the Services has been limited, or your Hospitable account has been suspended, or your agreement to these Terms has been terminated by Hospitable, you will not register a new account or access or use the Services through an account of another Member.
11. Survival. Notwithstanding the termination of your agreement to these Terms in accordance with the terms hereof, sections of these Terms that by their nature survive termination, will survive termination of your agreement to these Terms, including Section 2, Section 6.2, Section 6.4, Section 11, this Section 12, and Section 13 through Section 19.
12. Modification. Hospitable may modify these Terms at any time. When Hospitable makes material changes to these Terms, Hospitable will post the revised Terms in the Hospitable Marketplace and update the “Last Updated” date at the top of these Terms. Hospitable will also provide you with notice of any material changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate your agreement to these Terms in accordance with these Terms. If you do not terminate your agreement to these Terms before the date the revised Terms become effective, your continued access to or use of the Services will constitute acceptance of the revised Terms.
13. Acknowledgement and Disclaimer; Disclaimer of Warranties.
13.1. Acknowledgement and Disclaimer. You acknowledge the Accommodation may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Accommodation. You further acknowledge that your use of the Accommodation and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, some Accommodations include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, cliffs, hot tubs, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Accommodation or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during and after your use of the Accommodation and its amenities. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of any and all Occupants that are minors throughout the duration of your stay.
13.2. Disclaimer of Warranties. To the maximum extent permitted by applicable law, Hospitable and Guest each expressly disclaim any warranties of safety, fitness for a particular purpose, quiet enjoyment, and as to the adequacy of the directions and warnings provided to you. Hospitable provides its Services, and all Content and information provided in connection therewith, “as is”, without warranty of any kind, and Hospitable expressly disclaims all warranties, whether express or implied. Hospitable does not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Seller, Listing, Accommodation, or third party; Hospitable does not warrant the performance or non-interruption of the Services; and Hospitable does not warrant that verification, identity or background checks conducted on Listings, Guests, or Sellers (if any) will identify past misconduct or prevent future misconduct. Any references to a Guest, Seller, or Listing being “verified” (or similar language) indicate only that the Guest, Seller, or Listing or Hospitable has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Hospitable cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
14. Limitations on Liability.
14.1. Limitations on Liability. Neither Hospitable (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering any of the Services or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, diminution in value, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or any damages for personal or bodily injury or emotional distress arising out of or in connection with (a) these Terms; (b) the use of or inability to use any of the Services or any Content; (c) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of any of the Services, (d) making Reservations through a Listing, including the use of services provided by Seller; (e) your failure to pay the amounts owed pursuant to such Guest’s Reservation; (f) any Occupant’s use of, or presence at, any Accommodations; or (g) any agreements between Seller and any Guests, or any other agreements to which Guest is a party and to which Hospitable is not a party, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Hospitable has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
14.2. Aggregate Liability. Except for Hospitable’s limited obligation to transmit payments to Sellers in accordance with these Terms, in no event will Hospitable’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use any of the Services or any Content or information provided in connection therewith, exceed the amount you paid to Hospitable as a Guest during the twelve (12)-month period prior to the event giving rise to the liability. These limitations of liability and damages are fundamental elements of the agreement between you and Hospitable and of Hospitable’s decision to permit you to use the Services.
15. Indemnification. To the maximum extent permitted by applicable law, you agree to release (and do hereby release), defend (at Hospitable’s option), indemnify, and hold Hospitable (including its affiliates, directors, and employees, and their respective personnel) harmless from and against any claims, liabilities, damages of any kind (whether compensatory, direct, incidental, consequential, or otherwise), losses, and expenses, including, but not limited to, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your breach of these Terms (including any supplemental or additional terms or policies that apply to a product or feature or that Hospitable may implement from time to time); (b) your improper use of any of the Services, (c) your interaction with Seller or any other Member; (d) any agreements between you and Seller, or any other agreements to which you is a party and to which Hospitable is not a party; (e) personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms or (ii) any Occupant’s use of, or presence at, any Accommodation; (f) your breach of any applicable laws, regulations, or third party rights such as intellectual property or privacy rights in connection with any of the Services or Content; or (g) your failure, or Hospitable’s or Seller’s, failure, to remit any required taxes in connection with your Reservation.
16. United States Governing Law and Venue. These Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to any conflict-of-laws provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 17 must be brought in state or federal court in the State of Deleware, unless you and Hospitable agree in writing to a different location. You and Hospitable both consent to venue and personal jurisdiction in state or federal court in the State of Deleware.
17. United States Dispute Resolution and Arbitration Agreement.
17.1. Application. This Section 17 is referred to herein as the “Arbitration Agreement”.
17.2. Overview of Dispute Resolution Process. Hospitable is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 17 applies: (a) an informal negotiation directly with Hospitable’s customer service team (described in Section 17.3), and, if necessary, (b) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Hospitable each have the right to seek relief in small claims court as an alternative to arbitration.
17.3. Mandatory Pre-Arbitration Dispute Resolution and Notification. At least thirty (30) days prior to initiating an arbitration, you and Hospitable each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Hospitable by mailing such notice to Hospitable, Inc., 4 Embarcadero Center, Suite 1400 #85, San Francisco, CA, 94111-4164. Hospitable will send its notice of dispute to the email address associated with your Hospitable account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
17.4. Agreement to Arbitrate. You and Hospitable mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Services or any services provided by a Seller (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to Hospitable’s Dispute, you and Hospitable agree that the arbitrator will decide that issue.
17.5. Exceptions to Arbitration Agreement. Except as set forth in Section 17.12, you and Hospitable each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction in accordance with these Terms: (a) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (b) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (c) a request for the remedy of public injunctive relief; or (d) any individual claim of sexual assault or sexual harassment arising from your use of the Services or any services provided by a Seller. You and Hospitable agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
17.6. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at http://www.adr.or. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
17.7. Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Hospitable agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) via phone or video conference; or (c) if all parties agree, by solely the submission of documents to the arbitrator.
17.8. Attorney’s Fees and Costs. Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Hospitable will pay all arbitration fees and expenses. You or Hospitable may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
17.9. Arbitrator’s Decision. 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 with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
17.10. Jury Trial Waiver. You and Hospitable each waive, to the fullest extent permitted by applicable law, the right to a trial by jury with respect to these Terms, including with respect to any Disputes.
17.11. No Class Actions or Representative Proceedings. You and Hospitable acknowledge and agree that, to the fullest extent permitted by law, you and Hospitable are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless you and Hospitable agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this Section 17.11 as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this Section 17.11, then you and Hospitable agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
17.12. Severability. Except as provided in Section 17.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed to the minimum extent required to make such provision enforceable, and all remaining provisions of the Arbitration Agreement will remain in full force and effect.
17.13. Changes to Agreement to Arbitrate. If Hospitable modifies this Section 17 after the date on which you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending Hospitable a written notice (including by email) within thirty (30) days after the effective date of such change. Rejecting a new change does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Hospitable (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Hospitable.
17.14. Exceptions to Arbitration Requirement. Notwithstanding the foregoing requirement to submit all disputes to binding arbitration in accordance with these Terms, you and Hospitable both retain the right to pursue: (a) in small claims court in the county in which the Accommodation is located, any claim that is within that court’s jurisdiction, and you and Hospitable consent to the personal jurisdiction and venue of such court, and Hospitable further consents to your appearance by telephone or video in lieu of personal appearance, if allowed under applicable court rules; and (b) a suit in any court with jurisdiction to enjoin (whether by temporary, preliminary, or permanent injunctive relief) infringement or other misuse of intellectual property rights.
18.2. Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Hospitable and you pertaining to your access to or use of the Services and supersede any and all prior oral or written understandings or agreements between Hospitable and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Hospitable. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 17.12 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. The use of the word “will” is in these Terms connotes an obligation with the same meaning as “shall” and vice versa.
18.3. No Waiver. Hospitable’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless Hospitable expressly acknowledges and agrees to such waiver in writing. Except as expressly set forth in these Terms, the exercise by Guests or Hospitable of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or under applicable law.
18.4. Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Hospitable’s prior written consent. Hospitable may, in its sole discretion and without restriction, assign, transfer, or delegate these Terms, and any rights or obligations hereunder.
18.5. Notice. Unless specified otherwise, any notices or other communications that are made to Guests pursuant to these Terms will be provided by Hospitable or its representatives via email, Marketplace notification, messaging service (including SMS) or any other contact method that Hospitable designates from time to time.
18.6. Third-Party Services. The Marketplace or Hospitable’s websites may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) that are subject to additional or different terms and privacy practices. Hospitable is not responsible or liable for any aspect of such Third-Party Services, and links to such Third-Party Services do not constitute an endorsement.
18.7. Google Terms. Some areas of the Marketplace implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
18.8. Hospitable Marketplace Content. Content made available through the Services may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for all Content are the exclusive property of Hospitable and/or its licensors, and you agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed via the Services, except to the extent you are the legal owner of that Content or as expressly permitted by these Terms. Subject to your compliance with these Terms, Hospitable grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available via the Services and accessible to you, solely for your personal and non-commercial use.
18.9. Force Majeure. Hospitable shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
18.10. Emails and SMS. You will receive administrative communications from Hospitable using the email address or other contact information you provide for your Hospitable account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from Hospitable. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Hospitable account. In the United States, if you consent to receive SMS (text messages) from Hospitable, you will be subject to Hospitable’s SMS Terms.
18.11. Conflicts. In the event of a conflict between these Terms and any other terms or policies that Hospitable has in place as of the date hereof, these Terms shall control.