Terms & Conditions
StayBillety Terms of Service
Last updated: April 18, 2016
2. General terms of service
3. DEFINITIONS – key terms/changes to definitions
5. Currency key definitions
6. Foreign currency
1. How site works
3. Account registration
4. Accommodation listing ‘how to’
5. Taxes, including occupancy taxes/opt-in host remittance, etc.
7. User conduct
8. Reporting misconduct
9. Overstaying without consent
10. Damage to accommodation
11. Suspension/termination of account
1. SB content & member content licence
2. Member content
4. No endorsement
1. General booking and financial terms
2. Booking and financial terms (incl. key definitions)
3. Security deposits
4. Service fees
StayBillety Legal - 1
6. Copyright policy
7. Proprietary rights
10. Ltd liability
StayBillety Legal - 2
2. Dispute and arbitration
3. Entire agreement/assignment/notices
4. Add’l terms
5. Add’l clauses, etc.
6. Export control and restrictions
7. 3rd party beneficiary
The following terms and conditions contain information regarding users’ rights and obligations as members of StayBillety, Inc. Hosts agree to operate according to the laws and regulations in their cities and towns. In the event that any such law or regulation prohibits the operation of a short-term accommodation rentals, StayBillety is not responsible for any violations. Hosts agree to obtain all necessary permits and licenses prior to listing a property or accepting guests. All hosts and guests are advised to review all local laws and regulations prior to listing or renting a space on StayBillety.
GENERAL TERMS OF SERVICE
All users of the StayBillety Site are contracting with StayBillety, Inc. with respect to use of the Site and for any payments or payouts from or to you conducted through the Site. (StayBillety, Inc. shall hereinafter be referred to as "StayBillety", "we", "us", or "our").
StayBillety provides an internet-based platform that allows hosts who have space available for the purposes of lodging to rent such lodging to guests seeking short-term accommodations, such accommodations shall be available at http://www.StayBillety.com. By using the Site you agree to be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern all access to and use of the Site and constitute a binding legal agreement between you and StayBillety. If you do not agree to these Terms, you have no right to Site or any of its features. Any failure to operate according to the Terms below may subject you to civil and criminal penalties.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
STAYBILLETY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS STAYBILLETY A REAL ESTATE BROKER, AGENT OR INSURER. STAYBILLETY HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"StayBillety Content" means all Content that StayBillety makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Booking Request Period" means the time period starting from the time when a booking is requested by a Guest (as determined by StayBillety in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
"Collective Content" means Member Content and StayBillety Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Guest" means a Member who requests from a Host a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.
"Host" means a Member who creates a Listing via the Site.
“Official Affiliate” means an official StayBillety marketing partner that receives compensation based on successful bookings credited to their affiliation.
“Unofficial Affiliate” means a group or entity that is used as a search function on the Platform.
"Listing" means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.
"Member" means a person who completes StayBillety's account registration process, including but not limited to Hosts and Guests, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, provincial, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
MODIFICATION OF TERMS OF SERVICE
StayBillety reserves the right to modify the Site and all its features or to modify these Terms, including the Fees, at any time and without prior notice. All community members will be notified of any modification to these Terms via email or through accessing the sites Terms of Service page. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site after such notification you agree to be bound by the modified Terms. If the modified Terms are unacceptable to you, you may discontinue using the Site.
StayBillety's online platform facilitates bookings between Guests and Hosts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the StayBillety platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
"Display Currency" means the currency in which users view Listing prices on the StayBillety platform. Guests may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.
"Booking Currency" means the currency in which a Guest has to pay for his or her booking. At the time the Guest submits a booking request, the StayBillety platform will select the Booking Currency, based on the Guest's country of origin and the payment methods available for that country. StayBillety supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
"Listing Currency" means the currency in which a Listing's price is set. The Listing Currency is set by the Host.
"Payout Currency" means the currency in which a Host's payout will be paid to the Host. The Payout Currency is set by the Host.
"Base Exchange Rate" means a system-wide rate used by StayBillety for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by StayBillety. StayBillety establishes the Base Exchange Rate using data from one or more third parties such as OANDA (http://www.oanda.com).
"Adjusted Exchange Rate" means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by StayBillety for its holding costs and foreign currency risks.
Foreign currency conversions on the StayBillety platform
StayBillety, Inc. will process a foreign currency conversion in the following situations:
The Display Currency is different from the Listing Currency when a user views a Listing: StayBillety will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied.
The Booking Currency is different from the Listing Currency when a Guest submits a booking request for a Listing: StayBillety will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Guest will be able to view the actual exchange rate applied. The Guest Fee, which is a percentage of the applicable Accommodation Fees, will be calculated based on the Accommodation Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied.
The Payout Currency is different from the Listing Currency when StayBillety initiates a payout: generally, StayBillety will calculate the payout to the Host, by applying the Base Exchange Rate on the date that StayBillety initiates the payout to the Accommodation Fees (less StayBillety's Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) in the Listing Currency. The Host will be able to view the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the Host involves certain third-party payment processors (such as Western Union), (i) StayBillety will send the payout amount to the processor in a major currency (e.g. US dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the Host will be able to view the payout amount sent by StayBillety in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the Host by applying its own foreign currency conversion rate for that major currency to the Payout Currency.
When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest.
When you as a Guest submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.
StayBillety updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, StayBillety does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to StayBillety.
How the Site, Application and Services Work
The Site can be used to facilitate the listing and booking of residential and other properties ("Accommodations"). Such Accommodations are included in Listings on the Site by Hosts. You may view Listings as an unregistered visitor to the Site; however, if you wish to book an Accommodation or create a Listing, you must first register to create an StayBillety Account (defined below). StayBillety is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and StayBillety does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the StayBillety platform, StayBillety's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE IS INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. STAYBILLETY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. STAYBILLETY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site by anyone under 18 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 or older.
In order to access certain features of the Site, including booking an Accommodation and creating a Listing, you must register to create an account ("StayBillety Account") and become a Member. You may register to join the Services directly via the Site as described in this section. You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your StayBillety Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to StayBillety through the Site, Services or Application; or (ii) allowing StayBillety to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to StayBillety and/or grant StayBillety access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating StayBillety to pay any fees or making StayBillety subject to any usage limitations imposed by such third-party service providers. By granting StayBillety access to any Third-Party Accounts, you understand that StayBillety will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your StayBillety Account and StayBillety Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your StayBillety Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or StayBillety's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your StayBillety Account and your Third-Party Accounts, at any time, by accessing the "Profile" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. StayBillety makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and StayBillety is not responsible for any SNS Content.
Your StayBillety Account and your StayBillety Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active StayBillety Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. StayBillety reserves the right to suspend or terminate your StayBillety Account and your access to the Site if you create more than one (1) StayBillety Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your StayBillety Account, whether or not you have authorized such activities or actions. You will immediately notify StayBillety of any unauthorized use of your StayBillety Account.
Creating a Listing
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site. Other Members will be able to book your Accommodation via the Site based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that StayBillety assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. StayBillety reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that StayBillety, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms.
If you are a Host, you understand and agree that StayBillety does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and StayBillety is not a party to it. Notwithstanding the foregoing, PayPal serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes).
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, such as requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Hosting" section of the Site, Application and Services.
If you are a Host, StayBillety makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)
StayBillety recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. StayBillety cannot and does not offer Tax-related advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").
Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Collective Content. In connection with your use of the Site and Collective Content, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
• use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
• use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
• "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an StayBillety Guest or Host;
• offer, as a Host, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
• offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
• register for more than one StayBillety Account or register for an StayBillety Account on behalf of an individual other than yourself;
• unless StayBillety explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;
• contact a Host for any purpose other than asking a question related to a booking, such Host's Accommodations or Listings;
• contact a Guest for any purpose other than asking a question related to a booking or such Guest's use of the Site, Application and Services;
• recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to StayBillety, without StayBillety's prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
• use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to StayBillety's provision of the Services or for any other reasons;
• as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, StayBillety's name, any StayBillety trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without StayBillety's express written consent;
• access, tamper with, or use non-public areas of the Site, Application or Services, StayBillety's computer systems, or the technical delivery systems of StayBillety's providers;
• attempt to probe, scan, or test the vulnerability of any StayBillety system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by StayBillety or any of StayBillety's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
• accept or make a payment for Accommodation Fees outside StayBillety, Inc.. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold StayBillety harmless from any liability for such payment.
StayBillety has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to StayBillety by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Damage to Accommodations
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your StayBillety Account. StayBilletyStayBillety also reserves the right to charge the credit card on file in your StayBilletyStayBillety Account, or otherwise collect payment from you and pursue any avenues available to StayBilletyStayBillety in this regard, including using Security Deposits, in situations in which you have been determined, in StayBilletyStayBillety's sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the StayBilletyStayBillety Host Guarantee, and in relation to any payments made by StayBilletyStayBillety to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to StayBilletyStayBillety (if applicable).
Both Guests and Hosts agree to cooperate with and assist StayBilletyStayBillety in good faith, and to provide StayBillety with such information and take such actions as may be reasonably requested by StayBillety, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the StayBillety Host Guarantee) or with respect to any investigation undertaken by StayBillety or a representative of StayBillety regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon StayBillety's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by StayBillety or a third party selected by StayBillety or its insurer, with respect to losses for which the Host is requesting payment from StayBillety under the StayBillety Host Guarantee.
If you are a Guest, you understand and agree that StayBillety may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by StayBillety under the StayBillety Host Guarantee). You agree to cooperate with and assist StayBillety in good faith, and to provide StayBillety with such information as may be reasonably requested by StayBillety, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as StayBillety may reasonably request to assist StayBillety in accomplishing the foregoing.
Overstaying without the Host's Consent
Guests agree that a confirmed reservation is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed reservation and in accordance with the Guest's agreement with the Host. Guests further agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host's consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, for each 24 hour period that the Guest stays over the agreed period without the Host's consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, "Additional Sums"). Guests agree that StayBillety, Inc., in its role as limited collection agent for the Host, shall charge the Guest's credit card or other payment methods it has on file to collect these Additional Sums. In addition, StayBillety, Inc. may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Guest's credit card or other payment method on file.
Suspension, Termination and StayBillety Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your StayBillety Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your StayBillety Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, your StayBillety Account, your Member Content, or receive assistance from StayBillety Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Accommodations with other Hosts that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your StayBillety Account. You may cancel your StayBillety Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your StayBillety Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
StayBillety Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, StayBillety grants you a limited, non-exclusive, non-transferable license, to (i) access and view any StayBillety Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by StayBillety or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to StayBillety a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. StayBillety does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to StayBillety the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or StayBillety's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site may contain links to third-party websites or resources. You acknowledge and agree that StayBillety is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by StayBillety of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
StayBillety does not endorse any Member or any Accommodation or Affiliate. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by StayBillety of any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although StayBillety may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by StayBillety about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from StayBillety with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against StayBillety regarding the remittance of payments received from a Guest by StayBillety on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
FINANCIAL TERMS AND CONDITIONS
"Accommodation Fees" means the amounts that are due and payable by a Guest in exchange for that Guest's stay in an Accommodation. The Host alone, and not StayBillety, is responsible for the Accommodation Fees for his or her Listing.
"Guest Fees" means the fee that StayBillety charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.
"Host Fees" means the fee that StayBillety charges a Host for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.
“Affiliate Fees” means the commission generated by a successful booking.
"Service Fees" means collectively the Guest Fees and the Host Fees.
"Total Fees" means collectively the Accommodation Fees and the Guest Fees plus any Taxes.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, StayBillety, Inc. will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) StayBillety, Inc. will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from StayBillety containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's requested booking, then the Guest agrees to pay StayBillety the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from StayBillety, please contact StayBillety.
If, as a Host, you cancel a confirmed booking, you agree that StayBillety may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your StayBillety Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, StayBillety may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in StayBillety's Extenuating Circumstances policy or for any other reason. StayBillety, Inc. may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy. You agree that StayBillety and the relevant Guest or Host will not have any liability for such cancellations or refunds.
If, as a Host, your Guest cancels a confirmed booking or StayBillety decides that it is necessary to cancel a confirmed booking, and StayBillety issues a refund to the Guest in accordance with the Guest Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid StayBillety shall be entitled to recover the amount of any such Guest refund from you, including by subtracting such refund amount out from any future Accommodation Fees due to you.
Bookings and Financial Terms for Hosts and Guests
If you are a Host and a booking is requested for your Accommodation via the Site, Application or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest's StayBillety Account profile page, (iii) if the Guest and Host have both connected their StayBillety accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Guest on such SNS, and (iv) an indication of whether or not the Guest has provided other information to StayBillety, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by StayBillety for the requested booking will be refunded to the applicable Guest's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, StayBillety will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site.
All fees owed to StayBillety, Inc. will be collected at the time of booking confirmation through PayPal. The time it takes for the Host to receive payouts may vary. PayPal and any other third-party payment processor that StayBillety uses may impose their own additional charges for the use of their services on the Host or the Guest, including by deducting their charges from the payout amount.
Appointment of PayPal, Inc. as Limited Payment Collection Agent for All Users
Each site User, which includes Guests, Hosts, and Affiliates, hereby appoints PayPal, Inc. as the Users' limited payment collection agent solely for the purpose of accepting the Accommodation Fees.
Each User agrees that all payments made through PayPal, Inc., shall be considered the same as a payment made directly to the other party. All users agree that StayBillety may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund (via PayPal, Inc.) to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host understands that as PayPal, Inc. accepts payments from Guests as the Host's limited payment collection agent and that StayBillety, Inc.'s obligation to pay Users is subject to and conditional upon successful receipt of the associated payments from other Users. StayBillety does not guarantee payments to Users for amounts that have not been successfully received by PayPal, Inc. In accepting appointment as the limited authorized agent of the all Users, StayBillety, Inc. assumes no liability for any acts or omissions.
Please note that StayBillety does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that StayBillety reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that StayBillety will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Guest Booking Terms
The Hosts, not StayBillety, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not StayBillety, will be responsible for performing the obligations of any such agreements, that StayBillety is not a party to such agreements, and that, with the exception of its payment obligations hereunder, StayBillety disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that StayBillety is not a party to the agreement between you and the Host, StayBillety, Inc. acts as the Host's payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to StayBillety, Inc., your payment obligation to the Host for the Accommodation Fees is extinguished, and StayBillety, Inc. is responsible for remitting the Accommodation Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe), in the manner described in these Terms. In the event that StayBillety, Inc. does not remit any such amounts as described in these Terms, such Host will have recourse only against such StayBillety entity.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to StayBillety, Inc. or its third-party payment processor(s). You agree to pay StayBillety, Inc. through PayPal, Inc. for any confirmed bookings made in connection with your StayBillety Account in accordance with these Terms. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking by PayPal, Inc.. You also authorize StayBillety, Inc. to charge your credit card in the event of damage caused at an Accommodation and for Security Deposits, if applicable. All users are responsible for reading and agreeing to all third-party payment processor(s)’ terms and conditions governing use of that third party's service and that third party's personal information collection practices, such as PayPal, Inc.
In consideration for the use of StayBillety's online marketplace and platform, StayBillety charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Host Fees and Guest Fees. StayBillety, Inc. deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees. All payments and fees must be paid through PayPal and will be paid in Canadian Dollars. All fees are non-refundable.
STAYBILLETY LEGAL TERMS AND CONDITIONS
The Site and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site and Collective Content, including all associated intellectual property rights, are the exclusive property of StayBillety and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
StayBillety respects copyright law and expects its users to do the same. It is StayBillety's policy to terminate in appropriate circumstances the StayBillety Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Rights Relating to Proprietary Elements
All trademarks, service marks, logos, trade names and any other proprietary designations of StayBillety used herein are trademarks or registered trademarks of StayBillety. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
IF YOU CHOOSE TO USE THE SITE OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT STAYBILLETY DOES NOT HAVE AN OBLIGATION TO CONDUCT BA