Condiciones generales

 

Last update: April 13, 2020

Will become effective on May 14, 2020 for misterb&b Members already registered on the misterb&b Platform before April 13, 2020. See previous Terms and Conditions below.

 

Please read these Terms and Conditions of services carefully. By accessing and using the misterb&b Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions of services. 

These Terms and Conditions of services contain a binding arbitration provision and class action waiver that apply to all misterb&b Members and affect their rights. By accepting these terms, you agree to be bound by these provisions.  

If you do not agree to these Terms and Conditions of services, you have no right to obtain information from or otherwise continue using the misterb&b Platform (as defined below). You acknowledge and agree that, by accessing or using the misterb&b Platform or the Content, or by uploading Member Content, you are indicating that you have read, and that you understand and agree to be bound by these Terms and Conditions of services, whether or not you have registered with the Site and Application.

These Terms and Conditions of services ("Terms") constitute a binding legal agreement between you and misterb&b (as defined below) and to govern your access to, and use of, the misterb&b website (www.misterbandb.com) including any subdomains thereof, and any other websites through which misterb&b makes its services available (individually and collectively, "Site"), the mobile, tablet and other smart device applications, and application program interfaces through which misterb&b makes its services available (individually and collectively, “Application”) and all associated services, including, without limitation, the Referral Program and the Guides blog (collectively, “Services”). The Site, Application and Services together are hereinafter collectively referred to as the “misterb&b Platform”.

The terms “you” and “your” refer to you as an individual. If you 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, unless otherwise specified.

When these Terms mention “misterb&b”, it refers to the misterb&b entity you are contracting with in regards with the access to and use of the misterb&b Platform:

●      If you reside in the United States of America, you are contracting with SFO84, Inc., 584 Castro Street, San Francisco, CA 94114 (“misterb&b U.S.”);

●      If you reside outside of the United States of America, you are contracting with Pinklab360 SASU, a société par actions simplifiée unipersonnelle, 15 rue des Halles, 75001 Paris FRANCE, with a share capital of one thousand euros, Paris Registry of Commerce number 814 427 639 (“misterb&b Europe”).

If you change your country of residence, the misterb&b company you contract with will be determined by your new country of residence as specified above, from the date on which your country of residence changes.

Please also read carefully the terms and conditions of the misterb&b Content Policy (https://www.misterbandb.com/pages/content-policy) and the misterb&b Anti-Discrimination Policy  (https://www.misterbandb.com/pages/anti-discrimination-policy)  that are applicable to your use of the misterb&b Platform and are incorporated by reference into these Terms.

As a Member, by referring your friends to request a booking or create a Listing, you may participate in the loyalty program misterb&b offers referred as the misterb&b Referral Program. The terms and conditions of the Referral Program are incorporated by reference into these Terms.

The collection, use and any processing of personal information in connection with your access to and use of the misterb&b Platform is described in the misterb&b Privacy Policy.

If you have any questions about these Terms, you can contact the misterb&b Customer Support here.

 

1. Presentation and scope of misterb&b Services

 

1.1. misterb&b provides an online marketplace, through the misterb&b Platform, to allow registered users (“Members”) who offer services (“Hosts”) to publish such services as available on the misterb&b Platform (“Listings”), and to allow such Hosts, and other Members seeking to book such services (“Guests”), to communicate and transact directly with each other. The services that Hosts offer may include the short-term use of residential or vacation properties (“Rental Properties”), or other services or activities in various categories (“Experience”).

1.2. misterb&b disclaims any and all liability related to any and all Listings, Rental Properties, Experiences and/or other services delivered by the Hosts. Hosts alone are responsible for their Listings, their Rental Properties and their Experiences. Any bookings will be made at the Guest’s own risk.

1.3. You understand and agree that misterb&b is not an organizer or retailer of travel packages under Directive (EU) 2015/2032. Neither is misterb&b a real estate broker, a contracting agent, an insurer or a bank establishment.

1.4. misterb&b is not an owner, operator, lessor, controller, creator, supplier, , proprietor, seller, reseller, furnisher, provider or manager of any Listings, Rental Properties and Experiences (including, without limitation, the places of location and the materials used and/or required). misterb&b is not acting as an agent in any capacity for any Member, except when misterb&b serves as the Host’s payment collection agent solely for the limited purpose of accepting (from the Guest and on behalf of the Host), holding and settling payment processing proceeds owed by the Guest to the Host as part of the transactions realized via the misterb&b Platform.

1.5. When Members make or accept (including, without limitation, by pre-approval) a booking, they are entering into a contractual relationship directly with each other. misterb&b is not and does not become a party to, or otherwise participates in, to such contractual relationship Members. You exclusively determine the price to be charged, the dates of booking and the parties with whom to transact. You act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of misterb&b. misterb&b does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically. 

1.6. misterb&b does not and cannot control over, neither guarantee (i) the truth or accuracy of any Listings, Ratings, Travel Reviews, or any other Member Content (ii) the performance or conduct of any Member or third party and (iii) the existence, quality, suitability to your needs or expectations, safety or legality of any Listings, Rental Properties and Experiences and any other services provided by the host to the Guest.

1.7. misterb&b does not endorse any Members, Listings, Rental Properties, Experiences or services delivered by Hosts in any way. Any references to a Member Listing, Rental Property, or Experience as being “verified”, “connected” or “Fabul’Host” (or any similar language) indicate that a relevant verification or identification process has been completed and does not represent anything else. Any such references are not an endorsement, certification or guarantee by misterb&b for the accuracy, suitability, safety or trustworthiness of the referenced, including, without limitation, of any Member's identity, background or future conduct. Any such description or references are only intended to be useful information for you to evaluate when you make a decision on the misterb&b Platform. Accordingly, misterb&b recommends you always exercise due diligence and care when deciding to have any interaction and to engage in any transaction with any other Member. misterb&b is not responsible for any damage or harm resulting from your interactions with other Members.

1.8. The misterb&b Platform may contain links to third-party websites or resources. Such third-party websites and resources may be subject to different terms and conditions and privacy practices. misterb&b is not responsible or liable for, neither endorsed nor guaranteed, the availability or accuracy of such third-party websites and resources, or their content, products, or related services. You will need to make your own independent judgment regarding your interaction with these third-party websites and resources.

1.9. Due to the nature of the Internet, misterb&b cannot guarantee the uninterrupted availability and accessibility of the misterb&b Platform. Moreover, misterb&b may restrict the availability of the misterb&b Platform, or certain Services (such as payment services), areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of misterb&b servers, or to carry out maintenance measures that ensure the proper or improved functioning of the misterb&b Platform.

1.10. misterb&b may improve, enhance and modify the misterb&b Platform and introduce new Services or delete existing ones at any time.

1.11. Please note that misterb&b assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. In particular, Hosts should identify, understand and comply with all applicable laws, rules and regulations in their respective localities. Laws may restrict the ability to rent a property, or certain types of properties, for short time periods and/or the online advertising of tourist rentals. In many cities, Hosts must register, get a permit, or obtain a license before listing a property or accepting Guests. Local governments vary as to their enforcement of these laws, such as penalties or citations. misterb&b provides some information in the Help Center to help Hosts identify some of the obligations that apply to them. Hosts should review local laws and always seek legal guidance in case of any doubt before publishing a Listing on the misterb&b Platform.

 

2. Access and usage of the misterb&b Platform

 

2.1. By accessing or using the misterb&b Platform, you represent and warrant that you are eighteen (18) years old or older and and have the legal capacity and authority to enter into a contract. Any access to or use of the misterb&b Platform by anyone under eighteen (18) years old is expressly prohibited.

2.2. When using the misterb&b Platform, it is solely to be used to enable Hosts and Guests to connect with each other and to book Rental Property or Experience directly with each other.  

2.3. misterb&b does not permit Listings associated with certain countries due to U.S. embargo restrictions. You will comply with any applicable export control laws in your local jurisdiction. You may not use the misterb&b Platform or export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction of your country of residence and any other applicable laws. You also represent and warrant that (i) neither you, your Rental Property nor your Experiences are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country ; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties (such as the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List).

2.4. You may view Listings as an unregistered visitor to the misterb&b Platform. However, to create a Listing or complete a booking, you must first register to the misterb&b Platform by creating a misterb&b Account (as defined below). You also must register to the misterb&b Platform to post, via the Site or Application, reviews about venues and activities (such as bars, restaurants or clubs) advertised on the City Guide (“Blog Reviews”).

2.5. In order to use the misterb&b Platform as a Host, it is mandatory to obtain the appropriate insurance(s) to cover the services you want to offer, whether related to a Rental property or an Experience. Please review any relevant insurance policy 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, without limitation, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Rental Property or participating in your Experience.  

2.6. misterb&b may make access to and use of the misterb&b Platform, or certain areas or features of the misterb&b Platform, subject to certain conditions or requirements, such as completing a verification or identification process, meeting specific quality or eligibility criteria, meeting Ratings or Travel Reviews thresholds, or a Member’s history of booking and cancellation. 

2.7. The access to or use of certain areas and features of the misterb&b Platform may be subject to separate policies, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the misterb&b Platform, the latter terms and conditions will take precedence with respect to your access to or use of that specific area or feature, unless specified otherwise.

  

3. Account Registration

 

3.1. In order to access certain features of the misterb&b Platform, such as creating a Listing or booking a Rental Property or an Experience, you must register to create an account (“misterb&b Account”). By registering, you become a Member of the misterb&b Platform.

3.2. You can create a misterb&b Account directly via the Site or Application using an email and creating a password. You can also register, via the Site or Application, through your account (“SNS Account”) with certain third-party social networking sites (“SNS”) such as Facebook. As part of the functionality of the misterb&b Platform, you may link your misterb&b Account with SNS Accounts, by either: (i) providing your SNS Account login information to misterb&b through the misterb&b Platform; or (ii) allowing misterb&b to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You have the ability to disable the connection between your misterb&b Account and your SNS Accounts, at any time, by accessing the “Settings” section of the Site and Application. Your relationship with SNS associated with your SNS accounts is governed solely by your agreement(s) with SNS. misterb&b is not responsible for any SNS content.

3.3 As you are registering for your misterb&b Account online, misterb&b, subject to any applicable laws, may ask you to provide/upload proof of your identity. Such proof includes, without limitation, a copy of your driver’s license, passport or similar form of identification; a photo of you holding your form(s) of identification next to your face; or a video conference session. 

3.4. misterb&b will create your misterb&b Account and related profile page based upon the personal information that were provided by you to misterb&b or that misterb&b obtains via a SNS as described above. You agree to provide accurate, current and complete information during the registration process and keep such information updated at any time. 

3.5. If you register as an individual, you may not register for more than one (1) misterb&b Account or register for a misterb&b Account on behalf of an individual other than yourself. You are not authorized to use your misterb&b Account, including, without limitation, to engage in a transaction with another Member, on behalf or for the personal benefit of any other person than you. 

3.6. You are responsible for safeguarding and ensuring the security of your misterb&b Account’s credentials. You are also responsible for the confidentiality of your credentials and you will not disclose it to any third party.  You will take sole responsibility for any activities or actions under your misterb&b Account, unless (i) you did not authorize such activities and (ii) you immediately reported to misterb&b such unauthorized activities, or that your credentials have been, or you suspect your credentials to be, lost, stolen or or otherwise compromised.

 

4.     Service Fees

 

4.1. In consideration for the use of certain parts of the misterb&b Platform, misterb&b charges fees to Hosts (“Hosts Fees”) and Guests (“Guest Fees”), collectively referred to as Service Fees. Where applicable, taxes, such as the value-added tax in Europe, may also be charged in respect of the Host Fees and Guest Fees. 

4.2. The Host Fees are calculated as a percentage of the applicable price the Host sets for the booking of its Rental Property or Experiences (including any taxes if applicable, and/or additional charges such as cleaning fees) (“Booking 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. misterb&b deducts the Host Fees from the Booking Fees paid by the Guest before remitting the balance to the Host as described in these Terms. 

4.3. The Guest Fees are calculated as a percentage of the applicable Booking Fees, by using a variety of factors, for example, the reservation subtotal, the length of the stay and/or the characteristics of the Rental Property or Experience. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host. misterb&b includes the Guests Fees in the Total Fees (as defined below) paid by the Guest for the booking as described in these Terms. 

4.4. misterb&b reserves the right to change the Services Fees rates at any time.

4.5. Service Fees are non-refundable, except as otherwise expressly provided herein.

 

5. Listing Creation

 

5.1. As a Member, you may create Listings to offer staying at your Rental Property and participating in your Experience. You, as a Host, acknowledge and agree that you are responsible for any and all Listings you post. You understand Listings are different from the Advertisements that are published via the Online Promotional Service and which advertised services cannot be booked on the misterb&b Platform.

5.2. To create a Listing, you will be asked a variety of questions about the service(s) you want to list, such as the characteristics, location or calendar availability. Without limitation, you must provide (i) a complete and accurate description of the Rental Property or the Experience; (ii) disclose any deficiencies, rules and restrictions (such as the rules to respect when using your Rental Property), and (iii) requirements that apply (such as any minimum age, proficiency or fitness or hygiene standards for an Experience). You are required to and responsible for (i) keeping your Listing information up-to-date at all times, in particular, calendar availability; and (ii) ensuring that the textual and visual description that you include in your Listing accurately reflects your Rental Property or Experience 

5.3. To create a Listing, you must indicate a valid and complete physical address of the location where the Rental Property is located or where the Experience takes place. misterb&b reserves the right to require any supporting documents to verify the address provided. 

5.4. You may also add pictures, animations or videos to your Listing. Such materials must accurately reflect the quality and condition of the Rental Property or Experience. misterb&b reserves the right to require that Listings have a minimum number of pictures of a certain format, size and resolution.

5.5. You are solely responsible for setting a price (including any Taxes if applicable, or additional charges such as cleaning fees) for the booking of your Listing (“Booking Fee”). Once a Guest requests a booking of your Listing, you may not require such a Guest to pay a higher price than in the booking request.

5.6. The placement and ranking of Listings in search results on the misterb&b Platform may vary and depend on a variety of factors, such as, without limitation, Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Listings picture, customer service and cancellation history, Travel Reviews and Ratings, and/or ease of booking. 

5.7. misterb&b may process the verification of the Rental Properties by asking you to provide a copy of the utility bill (electricity or telephone bill) with your name and address. When verified through this process, the mention “verified” may appear on the Listing of the Rental Property. This security measure allows misterb&b to verify the Rental Property actually exist. You understand and agree that this verification effort made by misterb&b will not change that you remain responsible for ensuring your Rental Property is faithfully represented in your Listing. misterb&b sets monthly and/or annually caps on payment transfers to Hosts for bookings of Listings that have not been verified; you understand that these caps may vary without prior notice upon bank or third-party payment services providers. 

5.8. misterb&b reserves the right, at any time and without prior notice, to remove or disable access of any Listing if the Listing or the Rental Property or Experience listed, is found to be in violation of these Terms, any applicable laws (such as tourism laws requiring tourist services advertisements to include specific descriptive information and/or registration, certificate or or license numbers) or otherwise harmful to the misterb&b Platform and its reputation. If so, you will receive a notification explaining the reasons behind such a removal or disablement decision.

5.9. Please note that misterb&b does not currently charge fees for the creation of Listings. However, you, as a Host, acknowledge and agree that misterb&b reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. misterb&b will provide notice of any collection of fees for the creation of a Listing via the misterb&b Platform, prior to implementing such a fees feature. If you disapprove of such a change, the only remedy for you will be to stop using the misterb&b Platform.

5.10. Please be aware that you must provide a safe Rental Property. Otherwise, you may be liable to the Guest for any unsafe Rental Property. You represent and warrant that any Listing you post and the booking of, or a Guest's stay at your Rental Property, will (i) not breach any agreements you have entered into with any third parties, such as homeowner’s association, condominium, or other agreements, and (ii) comply with all applicable laws (such as tourism and zoning laws), Taxes requirements, and other rules and regulations (including having all required permits, licenses and registrations). 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 Rental Property at your request or invitation, excluding the Guest and any individuals the Guest invites to the Rental Property.

 

6. Specific Terms for Hosts

 

6.1. Booking provisions for Hosts

 

6.1.1. As a Host, you and your own decide the Members with whom you transact. By accepting the booking request of a Guest (including, without limitation, through pre-approval), you understand you enter into a legally binding agreement with this Guest. misterb&b is not a party to, nor intervene in, to such contractual relationships between Members.

6.1.2. If you are a Host and a booking is requested for your Listing via the misterb&b Platform, you will be required to either confirm or reject the booking request within the time period indicated (“Request Period”), otherwise the booking request will be automatically cancelled. Different Request Periods may apply in different places. 

6.1.3. When a booking is requested for your Listing, misterb&b will share with you certain information useful for you, such as the first name of the Guest who has requested the booking and a link to this Guest’s misterb&b Account profile page. Additionally, misterb&b makes certain tools available to you, as a Host, to help you to make informed decisions about which Members you choose to confirm for booking for your Listing. However, you acknowledge and agree that, as a Host, you are responsible for your own acts and omissions, including, without limitation, when deciding to accept a booking request.

6.1.4. If you are unable to confirm or decide to reject a booking request within the Request Period, any amounts collected by misterb&b for the requested booking will be refunded to the applicable Guest’s Payment method. 

6.1.5. When you confirm a booking requested by a Guest, misterb&b will send you a notification confirming this booking (such as an email, text message or message via the Application depending on the selections you made).

 

6.2. Financial provisions for Hosts

 

6.2.1. You, as a Host, appoint and authorize misterb&b as your payment collection agent solely for the limited purpose of accepting, holding and settling payment processing proceeds owed to you as part of your transactions with your Guests. You, as a Host, agree misterb&b may refund the Guest in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Host, misterb&b assumes no liability for any of the Host’s acts or omissions.

6.2.2. You, as a Host, agree that a payment made by a Guest through misterb&b, shall be considered the same as a payment made directly to you. You agree that misterb&b’s receipt of any amount due by the Guest for the booking satisfies the relevant Guest’s obligations to make payments to you. Accordingly, you will make the Rental Property or the Experience available to the Guest in the agreed-upon manner as if you have received the payment directly.

6.2.3. Generally, misterb&b will collect the Total Fees from your Guest at the time you accept the Guest’s booking request, or at any other time agreed upon between the Guest and misterb&b.

6.2.4. Since misterb&b acts as a payment collection agent to accept payments from Guests, you understand that misterb&b’ obligation to pay you any funds is subject to and conditional upon successful receipt of such associated funds from Guests. misterb&b guarantees payments to you only for such amounts that have been successfully received by misterb&b from Guests in accordance with these Terms.

6.2.5. You, as a Host, understand and agree that the payout initiated by misterb&b to you for the Guest’s payment due for the booking of your Listing (“Payout”) will be the Booking Fees, less applicable Host Fees (including applicable taxes, such as VAT) and applicable Taxes (as defined below). Please note that misterb&b cannot control any fees that may be charged to the Host by any third-party payment services providers who may impose their own additional charges on the Host for the use of their services, including by deducting their charges from the Payout amount.

6.2.6. Payouts will be remitted by misterb&b to you via the payout instrument you have linked to your misterb&b Account, such as direct deposit, debit card or PayPal account (“Payout Method”). You understand that misterb&b will not be able to correctly process your Payout if the Payout Method of your choice is not valid. Payouts will be remitted by misterb&b in the currency you selected via the misterb&b Platform among supported currencies.

6.2.7. Usually, except a refund is due to the Guest or you have not provided misterb&b any mandatory tax-related information (where applicable), misterb&b will release your Payout within five (5) business days after the starting date of the booking (by default 11:59pm local time of the check-in date, unless another hour was specified). misterb&b may offer you different payouts timings (for instance, monthly grouped payouts) and you understand any timings proposed to you may have timing fees attached. Such timing fees will be displayed to you before you select the related payout timing. 

6.2.8. You understand and accept that, for any bookings of a Rental Property for stays lasting sixty (60) days or longer, misterb&b may decide to process your relevant Payout by breaking it out in multiple monthly installments of the same amounts. The first installment will start within five (5) business days after the starting date of the booking (by default 11:59pm local time of the check-in date, unless another hour was specified). 

6.2.9. You understand that misterb&b may be required to delay the release of your Payout under any applicable local law. The time it takes for the Host to receive Payout once released by misterb&b may depend upon the Payout Method you have chosen and its associated third-party payment services providers, which misterb&b is not responsible for.

6.2.10. In cases in which a confirmed booking is then cancelled or modified, you, as a Host, agree that misterb&b may refund the Guest of the appropriate portion or totality of the Booking Fees, in accordance with (i) the Cancellation Policy (as defined below) you selected or the Modification of booking you accepted, (ii) the Travel Issue Policy, (iii) The Force Majeure policy, and (iv) any other applicable provisions of these Terms. If so, in the event you have already been paid, misterb&b will be entitled to recover the amount of any refund from you, including by reducing any future Payouts due to you by this refunded amount.

6.2.11. If required by applicable law, you, as a Host, must provide misterb&b with Taxes-related information (such as tax ID number), before a Payout is made to you. Accordingly, payment will be delayed until such time as you provide such Taxes-related information to misterb&b, if applicable. 

6.2.12. If you, as a Host, owe or agree to pay any amount via misterb&b to misterb&b (whether as a result of your bookings or actions as a Host or otherwise), then misterb&b may (but is not obliged to) withhold the amount owing to misterb&b from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to misterb&b. If misterb&b does so, then your obligation to pay misterb&b will be extinguished to the extent of the amount withheld by misterb&b, and misterb&b will cease to owe to you any obligations (including, without limitation, any obligation to pay you) with respect to the amount withheld.

 

7. Specific Terms for Guests

 

7.1. Booking provisions for Guests

 

7.1.1. You, as Guest, can decide to book a Listing available on the misterb&b Platform by following the respective booking process. All applicable fees, including the Booking Fee, the Guest Fees and any applicable Taxes (collectively, “Total Fees”) and the Security Deposit (as defined below) will be displayed to you before you send a booking request to a Host.

7.1.2. You, as a Guest, agree to pay the Total Fees to misterb&b for any booking requested in connection with your misterb&b Account. misterb&b will collect the Total Fees at the time of the booking request or upon the Host’s confirmation, as described in these Terms.

7.1.3. On receiving your booking request, the Host is required to either confirm or reject it within the Request Period, as determined by misterb&b. If the Host does not act either ways within the Request Period, the booking request will be automatically rejected.

7.1.4. Once the transaction for your accepted booking is complete, you will receive an email summarizing your confirmed booking. Once your booking request is accepted by the Host, you agree and understand that you enter into a legally binding agreement with the Host, that may be subject to any additional terms, conditions and requirements. Such additional terms, conditions and requirements imposed by the Host, may be, in particular, the applicable cancellation policy and any rules and restrictions specified in the Listing. 

7.1.5. misterb&b is not a party to such agreements, and that, with the exception of its payment obligations hereunder, misterb&b disclaims all liability arising from or related to any such agreements You acknowledge and agree that you, and not misterb&b, will be responsible for performing the obligations of any such agreements between you and the Host. The Host, not misterb&b, is solely responsible for honoring any confirmed bookings and making available any Rental Properties or Experiences booked by you.

7.1.6. You, as a Guest, may not bring any additional individuals to the location of the Listing unless such an individual was added by you as an additional guest during the booking process on the misterb&b Platform. You are required to ensure that every additional guest is made aware of and agrees to these Terms and any terms, conditions and requirements imposed by the Host as specified in the Listing.

7.1.7. You should carefully review the description of any Listing you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to stay at a Rental Property or participate in any Experience. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your stay at a Rental Property or participation in an Experience (such as minimum legal drinking age).

 

7.2. Financial provisions for Guests

 

7.2.1. You agree to pay misterb&b the funds due under these Terms, including Total Fees for any confirmed bookings made in connection with your misterb&b Account. Accordingly, you hereby authorize misterb&b to collect such funds, including any due Total Fees, by charging the payment method that you added to your misterb&b Account (such as a credit card, debit card or PayPal account) (“Payment Method”), either directly or indirectly, via Third-Party Payment Processor(s) (as defined below).

7.2.2. You understand and agree that the collection process by misterb&b may include placement of a hold on the funds at the time of the request for booking via your Payment Method (“Pre-Authorization”) and full collection of payment upon confirmation of the booking. If misterb&b is unable to collect the Total Fees as scheduled, misterb&b will collect the Total Fees at a later point. You authorize misterb&b to make such Pre-Authorization and to collect the Total Fees later than scheduled, if misterb&b was unable to do so. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email. 

7.2.3. You, as a Guest, acknowledge and agree that, notwithstanding the fact that misterb&b is not a party to the agreement between you and the Host, misterb&b acts as the Host’s payment collection agent solely for the limited purpose of accepting, holding and settling payment processing proceeds owed by you to the Host as part of your transactions with such Host. Upon your payment of the Total Fees to misterb&b, your payment obligation to the Host for the agreed upon is extinguished, and misterb&b is responsible for remitting the Booking 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 misterb&b does not remit any such amounts, such Host will have recourse only against misterb&b and not you directly.

7.2.4. misterb&b may offer you, at its sole discretion, alternative options for the timing and manner of payment. Guests may be required to pay or be offered the option to pay in multiple installments. For example, according to the Total Fees amount and the number of days between the Host’s confirmation of your requested booking and its starting date, misterb&b may propose you to divide the payment of the Total Fees by paying first a deposit up to a certain amount of the Total Fees, then the remaining Total Fees amount in a second time. In such occasions, you understand and agree that if you do not pay for such remaining amount before the starting date of your booking, such booking is automatically cancelled without any refund of any kind. Any additional fees for using offered payment options will be displayed via the misterb&b Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option.  

7.2.5. If the requested booking is cancelled, whether it was not accepted by the Host or you canceled it before it was accepted by the Host, any amounts collected by misterb&b will be refunded to you, and any Pre-Authorization will be released. Please note that misterb&b cannot control any delay in the unblocking by your bank of the amounts pre-authorized on your payment method, and misterb&b disclaims all liability in this regard.

7.2.6. Please note that misterb&b cannot control any fees that may be charged to a Guest by the Guest’s third-party payment services provider (for instance, the Guest’s bank) related to misterb&b’s collection of the Total Fees, and misterb&b disclaims all liability in this regard.

 

8. Modification of bookings

 

8.1. Either using the Site or Application or by giving directions to the misterb&b support team, you are responsible for all the modifications you request regarding the dates of a confirmed booking (“Modifications of bookings”). The Modifications of booking are subject to availability and the Host may accept or reject Modifications of bookings.

8.2. Accordingly, you accept to pay any additional fees (such as the Booking Fees, Guest Fees or Hosts Fees and any applicable taxes on these Fees) and/or any Taxes related to such modifications of the booking.

8.3. The accepted Modifications of bookings will result in a new reservation. The Guest will be charged, or refunded, of the difference between the amount of the Rental Property Fees of the initial reservation and the amount of the Rental Property Fees of the new reservation. However, the Guest Fees for the initial reservation will not be refunded. If the amount of the Guest Fees for the new reservation exceeds the amount of the Guest Fees for the initial reservation, the Guest will be charged the difference. 

8.4. If the Total Fees of the new reservation are lower than the Total Fees for the initial reservation, misterb&b may apply Modification fees, and the amount of such Modification fees will be provided to the Guest willing to modify a booking.

8.5. Please note that the ability to modify a booking is open only to the Guests that have fully paid for their bookings (including pre-bookings). 

 

9.     Cancellations of bookings

 

9.1. General terms

 

9.1.1. To process a cancellation in a valid manner, you must select the confirmed booking through your misterb&b Account and cancel it via the Site or Application by clicking on the appropriate cancellation button. Alternatively, you can contact the misterb&b support team to process the cancellation on your behalf; in such occasion, you will be required to confirm by writing your will to cancel the booking and your acknowledgement of the cancellation penalties that may apply pursuant to these Terms.  

9.1.2. In the event, you, as a Host, have (i) clearly, seriously or repeatedly violated these Terms, any other misterb&b policies, or clearly violated any applicable laws or third-party rights, or (ii) repeatedly received poor Rating or Travel Reviews; or if misterb&b (i) needs to comply with any legal requirements, (ii) receives complaints and evidences of your conduct, or (iii) believes in good faith that such action is reasonably necessary to prevent illegal activity and/or significant harm to misterb&b, other Members or third-parties, you understand and agree misterb&b may cancel, in its sole discretion, any confirmed booking. Cancellations by misterb&b can occur any time until the beginning of the booking. misterb&b will promptly notify the appropriate Host and Guest of such cancellation and will proceed to the appropriate refund and payouts. As a Member, you agree that misterb&b and the relevant other Member with whom you realised a booking transaction will not have any liability for such cancellations or refunds.

 

9.2. Cancellations by Guests

 

9.2.1. misterb&b allows the Host to choose, among a set of cancellation policy types, the one that works best for the Host. Both Guests and Hosts understand that, once the booking of a Listing is confirmed by the Host, the Cancellation Policy selected by the Host for such Listing cannot be subsequently modified.

9.2.2. You, as a Guest, can cancel a confirmed booking at any time in accordance with the cancellation policy selected by the Host for the Listing you booked (“Cancellation Policy”). The applicable Cancellation Policy is detailed on the receipt you received after you made the booking payment for the appropriate Listing.

9.2.3. After the Guest cancels a confirmed booking, misterb&b will refund the Guest, and remit to the Host, only the due portion of the Booking Fees (and applicable Taxes) pursuant to the applicable Cancellation Policy and these Terms, unless the Guest suffered a valid Travel Issue (as defined below) or the Force Majeure policy applies.

9.2.4. You, as a Guest, understand and agree that, regardless of the Cancellation Policy selected by the appropriate Host, the Service Fees are non-refundable. 

9.2.5. If you, as a Guest, cancel a confirmed booking after the scheduled check-in date of such booking, you understand you are not entitled to any refund of any kind, unless you suffered a Travel Issue (as defined below) or the Force Majeure Policy applies.

 

9.3. Cancellations by Hosts 

 

9.3.1. If you, as a Host, cancel a confirmed booking, you understand that the integrality of the Total Fees paid by the Guest for such confirmed booking will be refunded to the Guest, within a commercially reasonable time. Accordingly, you, as a Host, are not entitled to receive any payment from the Guest who made the booking you cancelled. In the event you already have been paid for a booking you subsequently cancelled, you agree that misterb&b will be entitled to recover such Payout amount from you, and you authorize misterb&b to reduce any future Payouts by such Payout amount. 

9.3.2. In the event of a confirmed booking being cancelled by the Host, misterb&b may, but is not obliged to, use reasonable efforts to find and propose to the Guest an alternative available Listing. You remain, as a Guest, solely responsible for the booking of such alternative Listing pursuant to these Terms, and you agree to pay misterb&b the Total Fees relating to the confirmed booking of such alternative Listing.

9.3.3. Unless the Force Majeure Policy applies, misterb&b may impose a cancellation fee to the Host (that may be withheld from the future Payouts of the Host). The conditions of application, and amount, of such cancellation fee will be notified to the Host before deciding to cancel.

9.3.4. If you, as Host, cancel a confirmed booking, and unless the Force Majeure Policy applies, misterb&b may (i) publish an automated review on your Listing indicating that a reservation was cancelled and/or (ii) keep the calendar for your Listing unavailable or blocked for the dates of the booking you cancelled.

 

10. Force Majeure Policy

 

10.1. Force Majeure Policy Terms

 

10.1.1. The cancellation of a confirmed booking may occur as a result of an unexpected and unforeseeable event, placed beyond the control of the Members (“Force Majeure Events”). In the presence of a valid Force Majeure Event, as determined by misterb&b, misterb&b may decide the Force Majeure Policy applies, notwithstanding the selected Cancellation Policy.

10.1.2. In application of the Force Majeure Policy, misterb&b may, in its sole discretion, give the Guest a refund of the Booking Fees amount (and applicable relevant Taxes) and/or waive the cancellation penalties for the Host. You understand that in no circumstances the application of the Force Majeure Policy may result in misterb&b (i) refunding the Service Fees, and (ii) covering any expenses related to your travel or your hosting of a Member. 

10.1.3. In the event a valid Force Majeure Event (as defined below) occurs after the Guest’s check-in, the Force Majeure Policy only applies for the remaining time of the booking, and any refund of the Booking Fees given to the Guest would be proportionate to such remaining time.

10.1.4. To benefit from the Force Majeure Policy, you must cancel the booking prior to submitting a Force Majeure claim. Then, you must submit to a Force Majeure claim the misterb&b Customer Support within twenty-four (24) hours after the moment you cancelled, as shown in your misterb&b Account. You understand misterb&b may ask you to provide sufficient documents in support of your Force Majeure claim.

 

10.2. Valid Force Majeure Events

 

10.2.1. Conditional to the requirement of providing adequate documentation, misterb&b may determine, in its sole discretion, the following events constitute valid Force Majeure Events:

   (i)  Death of the Guest, Host or their immediate family member or partner. You are required to provide both a proof of death (death certificate or news article) and a document establishing you were the partner, cohabitee partner or the immediate family member of the deceased person;

   (ii)  Serious injury or illness jeopardizing your future well-being and making it impossible or extraordinarily difficult to travel, to host or to participate in or provide an Experience. You are required to provide a statement or certificate from a professional which is dated after the booking was made; or

   (iii)  Interruption of travel roads (railways, airports or roads) making it impossible for you to travel to the Experience or Rental Property. You are required to provide a notice of such blocking, like notice of flight cancellation or train interruption.

10.2.2. In light of credible local and/or international authorities’ recommendations and reports, misterb&b may determine, in its sole discretion, the following events constitute valid Force Majeure Events:

   (i)  Epidemic disease suddenly affecting an entire region. misterb&b will assess the seriousness of such disease in light of credible authorities’ recommendations and reports;

   (ii)  Official intervention of any competent local or international authority, to restrict traveling or hosting due to severe political or civil unrest; or

   (iii)  Severe weather incident or natural disaster making impossible or extraordinarily difficult to travel or host.

 

11. Travel Issue Policy

 

11.1. General Terms

 

11.1.1. The Host is responsible for ensuring that the Rental Property the Guest is given access to, is adequate with the Listing description made on the Site and Application. Additionally, the Host must ensure that minimum quality standards (such as standards of health, hygiene and safety) and reasonable expectations regarding hospitality (such as the respect of Guests’ quiet and privacy) are met, in accordance with local standards. The Host should be available, or failing that, make a third-party available, to try to resolve in good faith any issues encountered by the Guest. 

11.1.2. Members agree that in the event a Guest suffers a proven and valid Travel Issue (as defined below), the Travel Issue Policy may apply to the appropriate booking of the Listing of a Rental Property. In such circumstances, you, as a Host, understand that the rights of Guests under this Travel Issue Policy will supersede the Cancellation Policy you selected. All determinations of misterb&b with respect to the Guest Refund Policy, in particular the validity of a Travel Issue and the size of any refund given, shall be final and binding on both Guests and Hosts.

11.1.3. In the presence of a valid Travel Issue, misterb&b agrees, in its sole discretion, to either:

   (i)  Use reasonable effort to find and propose to the Guest an alternative available Rental Property, reasonably comparable, in terms of size and quality, to the Rental Property booked in the first place (within limits of local availability). In the event the Guest accepts such alternative proposition, misterb&b may book the alternative Listing, on the Guest’s behalf, in response to the emergency of the situation. Nonetheless, you, as a Guest, understand and agree that you remain responsible to pay any price difference; or

   (ii)  misterb&b may provide the Guest with a partial or entire refund, as determined by misterb&b, of the Total Fees paid for the booking associated with a Travel Issue.

11.1.4. If (i) misterb&b determines that a Guest has suffered a valid Travel Issue related to a Listing you posted and if (ii) misterb&b either reimburses that Guest any amount up to the Total Fees paid by the Guest for the booking of this Listing or provides an alternative Rental Property to the Guest, you, as Host, agree to reimburse misterb&b up to the amount refunded to the Guest within thirty (30) days of misterb&b’s request. In order for you to reimburse the refund amount you owe to misterb&b, you authorize misterb&b to collect this refund amount by reducing any future Payouts by this refund amount or as otherwise permitted pursuant to these Terms.

11.1.5. misterb&b may apply consequences to the Listing related to a valid Travel Issue, including negatively affecting its ranking or publishing automated reviews. Additionally, misterb&b may impose to the Host fees to cover the administrative burden associated with the treatment of the Travel Issue claim (such fees to be deduced from your future payouts). If misterb&b believes, in good faith, that the circumstances of the Travel Issue can reasonably be expected to continue or occur again, misterb&b reserves the right to cancel future bookings of the Listing associated with the Travel Issue.

11.1.6. Prior to submitting a valid claim for a Travel Issue, the Guest must (i) not have caused, directly or indirectly, the Travel Issue, and (ii) use reasonable effort to remedy the Travel Issue (preferably in writing, since the Guest must be able to prove such reasonable efforts). Then, the Guest must submit the Travel Issue claim to misterb&b Customer Support within twenty-four (24) hours after the Guest checked-in at the Rental Property.

11.1.7. Subsequently to the receipt of a Travel Issue claim made by the Guest, misterb&b will contact the appropriate Host and offer the Host the chance to dispute the Travel Issue (in particular by providing evidence to the contrary). To be allowed to dispute the Travel Issue, the Host must have first used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.

11.1.8. In order for misterb&b to determine the validity of the Travel Issue, (i) the Guest must attach any supporting evidence (such as photographs) to the claim, and (ii) both the Host and Guest must cooperate with misterb&b’s request for any additional information. You understand the lack of solid evidence or effective cooperation can seriously affect, to your detriment, all determinations made by misterb&b under the Travel Issue Policy. 

11.1.9. The Travel Issues Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest. In no event will misterb&b’s aggregate liability arising out of or in connection with this misterb&b Guest Refund Policy, exceed the amount of the Booking fees collected by misterb&b from the Guest, for the given booking.

 

11.2. Valid Travel Issues

 

11.2.1. A valid Travel Issue may include, in misterb&b sole discretion, the following Host’s acts or omissions:

    (i)   The cancellation of the booking by the Host within twenty-four (24) hours before the scheduled booking’s start;

    (ii)   The Host’s failure to give reasonable access to the Rental Property;

   (iii)  The invasion of Guest’s privacy by the Host, including, without limitation, the use of covert camera in private areas of the Rental Property without prior information; or

   (iv)  The lack of information by the Host in the Listing about unusual activities or practices in which the Host may engage in the presence of the Guest, such as naturism at home.

11.2.2. A valid Travel Issue may include, in misterb&b sole discretion, the inaccuracy of the Listing’s textual or visual description of the Rental Property with respect to:

   (i)  The actual size of the Rental property, or of its constituting rooms;

   (ii)  Whether the booking of the Rental Property is for an entire home, private room or shared room;

   (iii)  Special amenities or features of the Rental Property that are not provided or do not function; or

   (iv)  The physical location of the Rental Property, which is unreasonably approximate.

11.2.3. A valid Travel Issue may include, in misterb&b sole discretion, the failure of the Rental Property to:

   (i)  Meet safety and health standards, given the location and the nature of the particular Rental Property; or

   (ii)  Be generally clean and sanitary.

 

12. Security Deposits

 

12.1. In order to cover the cost of potential loss or damages your Guest may cause to the Rental Property or any personal or other property at your Rental Property (“Property Damages“), you, as a Host, may elect to require a security deposit in the Listing of your Rental Property (“Security Deposit”). If so, you must specify such Security Deposit in your Listing before the Guest makes a booking request for booking. misterb&b will cap the amount of the Security Deposit you can require in your Listing. You are not allowed to require a Security Deposit after the request for or confirmation of a booking. You are strictly forbidden to ask for the payment of a Security Deposit of any kind, or by any means, outside of the misterb&b Platform for any booking made or to be made through the misterb&b Platform.

12.2. You, as a Host, understand that the specification of a Security Deposit in your Listing will not have for consequence that the Guest will pay you such specified amount as part of the payment required to book such Listing. The payment of the Security Deposit or part of it may only occur in presence of a Property Damage.

12.3. If you hold the Guest responsible for a Property Damage, you can send a request to your Guest for the payment up to the Security Deposit amount you specified for the relevant booking (“Deposit Claim”), via the dedicated functionality accessible from your misterb&b Account (“Deposit Claim Center”). You must use only the Deposit Claim Center to resolve a Security Deposit dispute, otherwise you understand and agree misterb&b may refuse to play any role regarding this Security Deposit dispute.

12.4. As a Host, you may open a Deposit Claim within seven (7) days after your Guest checks-out of your Rental Property. In order to open a Deposit Claim, you, as a Host, will be required to set the requested amount you claim the Guest should pay, in the limit of the Security Deposit you specified in the appropriate Listing. The amount you request the Guest to pay shall be limited to cover the cost of the Property Damage and only such cost. You, as a Host, will also be asked to provide mandatory information in support of your Deposit Claim, such as description and photographs of the damage and receipt of the damaged furniture.

12.5. On receiving a Deposit Claim by the Host, you, as a Guest, may either (i) agree on the payment requested by the Host, (ii) contest the requested amount by formulating a counter-proposal or (iii) fully deny the Deposit Claim. In the event the Guest contests the requested amount, the Host may accept the counter-proposal or make a new and final proposal. In the event both the Host and Guest do not agree on a specific amount within ninety-six (96) hours after the Deposit Claim was opened by the Host, or if the Guest fully deny the Deposit Claim, the Host may (i) close the Deposit Claim or (ii) require the misterb&b mediation to settle the dispute. Please note that if the misterb&b mediation is not required by the Host, the Deposit Claim will be automatically closed seven (7) days after it was opened by the Host if the Host and the Guest do not agree with each other on a payable amount during this timeframe. 

12.6. In the event misterb&b provides its mediation upon Host’s request, Members understand and agree that all determinations made by misterb&b with respect to the Deposit Claim (in particular, without limitation, regarding the liability for the damage, its gravity and the amount to be paid by the Guest) shall be final and binding on Members. You understand that misterb&b may consider, in its determination, any relevant local practices and standards applicable to rentals security deposits.

12.7. In order for misterb&b to make any determination, you may be asked to provide any necessary information, evidence or supporting documentation (such as photographs), in addition to the information and evidence you may have provided via the Deposit Claim Center. You understand the lack of solid evidence or effective cooperation can seriously affect, to your detriment, all determinations made by misterb&b.

12.8. If you, as a Guest, are required to pay the Security Deposit or part of it, misterb&b may apply management fees. Such management fees will be included in the amount you are required to pay, and you agree to pay such management fees.

12.9. You agree to pay misterb&b, as the Host’s payment collection agent, the total or partial amount of the Security Deposit as (i) agreed upon with the Host via the Deposit Claim Center, or (ii) determined by misterb&b under its mediation. Accordingly, you hereby authorize misterb&b to collect such amount by charging your Payment Method, either directly or indirectly, via Third-Party Payment Processor(s) (as defined below). In the event misterb&b is unable to collect the Security Deposit payment by charging your Payment Method, you understand and agree misterb&b reserves the right to pursue any remedies available to misterb&b, including, without limitation, recovery procedures in this regard. In the event misterb&b pursue a recovery procedure against you, such recovery procedure will be conducted by misterb&b Europe on behalf of the misterb&b entity you contracted with. misterb&b may apply recovery fees in the event misterb&b has to pursue any other remedy to its inability to charge your Payment Method. You agree to pay such recovery fees in the same payment misterb&b may recover by any remedy. Such management fees will be included in the amount you are required to pay pursuant to the Security Deposit conditions.

12.10. misterb&b will remit the Security Deposit amount to the Host in a timely manner after, and only after, the collection of such amount from the Guest. Since misterb&b acts as a payment collection agent to accept payments from Guests, you, as a Host, understand that misterb&b’ obligation to pay you any Security Deposit amount is subject to and conditional upon successful receipt of such amount funds from the Guest. In the event misterb&b is definitely unable to collect the Security Deposit amount due by the Guest, misterb&b may reduce, in its sole discretion, the Host Fees you may be required to pay to misterb&b in the future by the Security Deposit amount the Guest should have paid to you.

 

13. Guest’s Damage to Rental Properties and associated material goods

 

13.1. The provisions of the present section « Guest’s Damage to Rental Properties » only apply when the cost of a Property Damage exceeds the Security Deposit amount you specified in the appropriate Listing. If so, misterb&b may help the Host to seek further payment from the Guest to cover this cost. If the cost of the Property Damage does not exceed the Security Deposit amount you specified, you, as a Host, must seek cover payments from the appropriate Guest via the Deposit Claim Center. 

13.2. As a Guest, you are responsible for leaving the Rental Property (including any personal or other property located at the Rental Property) in the condition it was in when you arrived. 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 Rental Property, excluding the Host.

13.3. As a Host, in order to seek payment from the Guest for Property Damages which costs exceed the Security Deposit, you must submit your claim to the misterb&b Customer Support within seven (7) days after the day your Guest checked out of your Rental Property. Your claim must be supported by the following documentation (i) clear and detailed photographs or videos of the reported lost or damaged property; (ii) a receipt, invoice or any other proof of the fair trade value of the damaged material goods, or any precise cost report; (iii) evidence of lawful possession; (iv) the police report issued in connection with the reported physical loss or damage and (v) any document that you believe to be supporting of your claim and helpful for misterb&b in processing it. misterb&b reserves the right to ask for any additional documentation as necessary for its determination. misterb&b will review your claim and will determine, in its sole discretion, if your claim is valid (in particular, without limitation, by determining if the Guest is responsible), the cost of the Property Damage and if misterb&b will help you by seeking payment from the Guest.

13.4. As a Guest, if a Host claims and provides required documentation and solid evidence that you have caused a Property Damage, you agree the Host can seek further payment from you for the cost of such Property Damage. Furthermore, you understand and accept that misterb&b may determine, in its sole discretion, that you are responsible for a Property Damage as claimed by the Host, and that misterb&b may help the Host in collecting any such amount from you to cover the cost of this Property Damage.  misterb&b also reserves the right to otherwise collect payment from you and pursue any remedies available to misterb&b to collect the payment due under your responsibility for causing a Property Damage.

13.5. You, as a Host, acknowledge and agree that any amounts you have already been paid from any source other than the Guest to cover the same Property Damage, including, without limitation, any amounts received under guarantee, indemnity or any other insurance policy, will be deducted from the amount payable by the Guest that misterb&b can collect in application of the present section « Guest’s Damage to Rental Properties and associated material goods. In the event you have already been paid by the Guest to cover the cost of a Property Damages and this payment constitutes overlaps with any cover payment by any other sources, misterb&b may decide to refund the Guest of the amount paid and you agree to reimburse misterb&b of the refunded amount as soon as you receive the other cover payment by the other source.

13.6. If you are a Guest, you understand and agree that misterb&b 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, to any personal property of the Host (including without limitations amounts paid by misterb&b under any insurance offered to the Host). You agree to cooperate with and assist misterb&b in good faith, and to provide misterb&b with such information as may be reasonably requested by misterb&b, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, without limitation, executing documents and taking such further acts as misterb&b may reasonably request to assist misterb&b in accomplishing the foregoing.

13.7. This section « Guest’s Damage to Rental Properties » is not and does not provide an insurance policy.

 

14. Disputes between Members

 

14.1. Any actual or potential agreement or transaction between Members and their ability to enter in such a transaction; any Member Content (as defined below), including, without limitation, Listings and Travel Reviews; any Rental Property and Experience, including, without limitation, their quality, condition, safety or legality; are solely the responsibility of each Member.

14.2. If you have a dispute with another Member, you must resolve this dispute directly with the other Member, which requires you to expose in writing your complaint directly to such other Member. misterb&b may, but is not required to, assist in resolving any disputes between Members. You can request the mediation of misterb&b in the dispute opposing you to another Member only if one of you contacted misterb&b Customer Support within seventy-two (72) hours after the day the booking at issue terminated. 

14.3. If misterb&b decides to offer its mediation to resolve a dispute occurring between Members, these Members engage in cooperating with misterb&b and following up to any  misterb&b’s request for information. You understand the lack of solid evidence or effective cooperation can seriously affect, to your detriment, all determinations made by misterb&b in its mediation.

14.4. You understand and accept that all determinations of misterb&b with respect to the resolution of a dispute between Members shall be final and binding on the Guests and Hosts.

 

15. Payment Services

 

15.1. General Terms on payment services

 

15.1.1. You hereby authorize misterb&b to collect from you (i) amounts due for any bookings made in connection with your misterb&b Account, (ii) any other amounts due pursuant to these Terms and (iii) fees improperly paid to you.

15.1.2. You authorize misterb&b to charge, as outlined in these Terms, your Payment Method or Payout Method that you have linked to your misterb&b Account.

15.1.3. Any refunds or credits due to a Member pursuant to these Terms will be initiated and remitted by misterb&b. All refunds may be subject to these Terms, Travel Issue Policy and Force Majeure Policy. If a Guest or misterb&b decides for any reason to cancel a confirmed booking pursuant to these Terms, Travel Issue Policy and Force Majeure Policy, you agree that misterb&b will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Terms. As a Host, you agree that in the event you have already been paid, misterb&b will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you. 

15.1.4. misterb&b will process payments either directly or indirectly, by working with various third-party payment processors (“Third-Party Payment Processors”) or via one of the payment methods described on the Site or Application (such as gift cards).

15.1.5. misterb&b may charge fees for use of certain Services related to payments and payouts and any applicable fees will be disclosed to you via the misterb&b Platform before you make or accept payments when using such Services.

15.1.6. In case there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to the collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

15.1.7. In the event misterb&b has any doubt about a payment being fraudulent, misterb&b will hold all related Booking Fees paid by the Guest until such times misterb&b ensures such payment is non-fraudulent. To this end, misterb&b may require any necessary documents to verify the payment, including, without limitation, identification documents of the holder of the bank/credit card used to make the payment or proof of residence from the Host. If misterb&b confirms the payment is non-fraudulent, misterb&b will process the payout of all Booking Fees to the Host. Otherwise misterb&b will refund all Booking Fees to the Guest (which may take up to four (4) weeks).

15.1.8. misterb&b will take steps, directly or indirectly (via third-parties such as your bank) to rectify any payment processing errors that misterb&b becomes aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method or Payout Method used for the original Payment by or Payout to you, so you end up receiving or paying the correct amount. You agree that in the event you have already been paid, misterb&b will be entitled to recover the amount of any payment errors, including by subtracting such amount out from any future Payouts due to you. misterb&b will use reasonable measures to try to correct any payment processing errors that misterb&b becomes aware of after you report an error in writing to us.

15.1.9. If misterb&b cannot pay funds due to you (such as Payout or any refund) during the relevant period of time set forth by the appropriate local authority in its unclaimed property laws, misterb&b may process the funds due to you in accordance with its legal obligations, including by submitting such funds to the appropriate local authority as required by local law.

 

15.2.  Payment Methods and Payout Methods

 

15.2.1. You must link to your misterb&b Account a Payment Method or Payout Method in order for misterb&b to, respectively, collect from or remit payment to you. When you do so, you will be asked to provide customary billing and/or banking information, such as name on the account, billing address and credit card or bank account information either to misterb&b or its Third-Party Payment Processor(s).

15.2.2. When you add or use a new Payment method, misterb&b may verify the Payment Method by (i) authenticating your account via a third-party payment services provider, or (ii) pre-authorizing a nominal amount. In such cases, misterb&b will release the hold once the verification terminated. For further verification, misterb&b may also require you to upload a billing statement. You authorize misterb&b to perform these verifications on your Payment Method and Payout Method.

15.2.3. You must provide accurate, current, and complete information when adding a Payment Method or Payout Method. You must keep your Payment Method and Payout Method up-to-date at all times. You understand that misterb&b is not responsible for any funds transaction failure or loss due to incorrect Payment Method or Payout Method information provided by you.

15.2.4. You understand applicable third-party payment services providers associated with your Payment Method or Payout Method may (i) charge you additional fees when misterb&b processes payments from you or to you, and (ii) impose delays on your payment. misterb&b is not responsible for any such fees and/or delays and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions, and privacy policies, imposed by the applicable third-party payment services providers, that you should review before linking your Payment Method or Payout Method to your misterb&b Account.

 

15.3. Third-Party Payment Processors

 

15.3.1. misterb&b, through Pinklab360 (misterb&b Europe), works with one or various Third-Party Payment Processor(s) to enable Hosts to accept payments from Guests.

15.3.2. You understand and agree misterb&b is not responsible for (i) the ability of Third-Party Payment Processors to make their payment services they provide available at any times, (ii) any delays in the provision of payment services by Third-Party Payment Processors, and (ii) the damageable acts and omissions of Third-Party Payment Processor in providing payment services to you.

15.3.3. misterb&b’s payment services may incorporate or link to Third-Party Payment Processors websites or resources. Such websites or resources are subject to different terms and conditions and privacy policies and Members should review them independently. You understand misterb&b is neither responsible nor liable for the availability or accuracy of such websites or resources.

15.3.4. Your access to or use of certain payment services provided by Third-Party Payment Processors may be subject to, or require you to accept, additional terms and conditions and privacy policies. If there is a conflict between these Terms and applicable terms and conditions of a Third-Party Payment Processor, the latter terms and conditions will take precedence with respect to your use of or access to the payment services, unless specified otherwise.

15.3.5. Payment services for the collection of payments by Guests (at the exception of transactions described below in section 15.3.6), and a majority of the payment services for the Payouts to Hosts, are currently provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the present Terms or continuing to use the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of misterb&b enabling payment services through Stripe, you agree to provide misterb&b accurate and complete information about you and/or your business, and you authorize misterb&b, as applicable, to share with Stripe this information and transaction-related information associated to your use of the payment services provided by Stripe.

15.3.6. In the case (i) of the Guests and Hosts that are both parts of the same transaction have their respective residencies in one of the following countries: Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, French overseas territory, Greece, Hungary, Iceland, Lithuania, Latvia, Liechtenstein, Malta, Monaco, Poland, Romania, Slovenia, Slovakia, and (ii) when the booking payment is made to Hosts via wire transfers, payment services are currently provided by Adyen and are subject to the provisions of the Adyen Terms and Conditions

. By agreeing to the present Terms or continuing to use the Services, you agree to be bound by the Adyen terms and Conditions, as the same may be modified by Adyen from time to time. As a condition of misterb&b enabling payment services through Adyen, you agree to provide misterb&b accurate and complete information about you and/or your business, and you authorize misterb&b, as applicable, to share with Adyen this information and transaction-related information associated to your use of the payment services provided by Adyen.

 

16. Rounding Off

 

16.1. misterb&b may, in its sole discretion, (i) round up any amounts that are payable from, and (ii) round down any amounts that are payable to Members, to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest currency supported by the misterb&b Platform).

16.2. Some currencies are denominated in large numbers. In those cases, misterb&b may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency.

 

17. Foreign Currency and Conversion

 

17.1. The misterb&b Platform facilitates bookings between Members 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 misterb&b Platform allows users to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location.

17.2. Each foreign currency conversion is processed at a foreign currency conversion rate for the amount of one (1) currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time.

17.3. misterb&b will process a foreign currency conversion in certain situations as determined by misterb&b. misterb&b will do so by using a system-wide rate 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 misterb&b (“Base Exchange Rate”). misterb&b (i) establishes the Base Exchange Rate using data from one or more third-parties such as ECB (ecb.europa.eu), and (ii) updates the Base Exchange Rate on a regular basis, but not on a real-time basis. Accordingly, you understand 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.

17.4. misterb&b may also use an adjusted exchange rate by adding to this Base Exchange Rate a mark-up that represents a charge imposed by misterb&b for its holding costs and foreign currency risks (“Adjusted Exchange Rate”). When you as a Guest submit a booking request for a Listing, you may be able to view the Actual Exchange Rate used to calculate your Payment. Where the Adjusted Exchange Rate is applied, you may be able to view the mark-up included. The Actual Exchange Rate (and any mark-up included in such rate) will also be stated in the billing receipt for your booking.

17.5. Please note that misterb&b may impose or deduct foreign currency processing costs on or from any payments or payouts by misterb&b in currencies other than U.S. dollars (“USD”) and euros (“EUR”). More information on any such costs or deductions will be available via the misterb&b Platform.

17.6. Please note that third-party payment services providers (such as your credit or bank card issuers) will use a currency conversion rate for and may impose a currency conversion fee on your Payment or Payout, if your Payment or Payout Method is denominated in a currency that is different from the currency in which (i) a Guest has to pay for his or her booking or any other due amounts pursuant to these Terms, or (ii) a Host is paid for the booking of a Listing or any other due amounts pursuant to these Terms. All of these currency conversion rates and fees are not controlled by or known to misterb&b.  As a Host, you acknowledge and agree that third-party payment services providers and/or bank or wire transfer fees may be deducted from your Payouts.

 

18.  Taxes

 

18.1. As a Host, you understand and agree that you are solely responsible for knowing and complying with local tax regulations. In particular, you are responsible in determining your obligations to mention in your Listing, collect, report and/or remit to the appropriate local governmental agencies, departments or authorities (“Tax Authorities”) any applicable income taxes, value added taxes, sales taxes, Occupancy Taxes (as defined below) and/or any other applicable taxes (collectively “Taxes”). 

18.2. Tax regulations may require misterb&b (i) to collect appropriate Taxes-related information from users and share it to the appropriate Tax Authority (e.g. in the form of an official tax document to be filled by the Hosts), and/or (ii) withhold Taxes from Payouts to Hosts (such as the income tax). You are solely responsible for keeping the Taxes-related information current, complete and accurate. If you fail to provide misterb&b with Taxes-related information that misterb&b determines to be sufficient to alleviate its obligation, if any, to withhold payments to you (e.g. where you are a U.S. Host and you fail to provide misterb&b with a completed IRS Form W-9 when necessary), misterb&b reserves the right to freeze all payouts to you and/or withhold any amounts as required by law, until resolution.

18.3. You understand and acknowledge that the Tax Authority where your Rental Property is located may require you, as a Host, to collect taxes from your Guests for the right to use and/or occupy your Rental Property, and to remit such taxes to the appropriate Tax Authority. Such taxes may be locally referred to as “occupancy taxes”, “hotel taxes”, “lodging taxes”, “transient taxes”, “sales and use taxes”, “value added taxes”, “room taxes”, “tourist taxes” or other titles ("Occupancy Taxes"). The laws in jurisdictions may vary, but Occupancy Taxes are generally required to be collected and remitted as a percentage of the rent paid by the Guest, a set amount per Guest and per day, or other variations.

18.4. In certain jurisdictions, the Tax Authority may assert Hosts or misterb&b have an obligation to collect and/or remit Taxes. If so, misterb&b may decide, in its sole discretion, to facilitate collection and/or remittance of Taxes from Guests on behalf of and in-lieu of Hosts. When misterb&b facilitates collection and/or remittance of Taxes in a jurisdiction for the first time, misterb&b will provide notice to existing Hosts with Listings in such jurisdictions. The amount of Taxes collected and/or remitted through facilitation by misterb&b, if any, will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. In any jurisdiction where misterb&b facilitates collection and/or remittance of Taxes on behalf of and in-lieu of Hosts, such Hosts are not permitted to also collect, and consequently remit, such Taxes from their Guests.

18.5. In any jurisdiction in which misterb&b decides to facilitate collection and/or remittance of Taxes, whether you are a Guest or Host, you hereby authorize, instruct and mandate misterb&b to collect Taxes from Guests on behalf of and in lieu of Hosts at the time Booking Fees are collected, and to remit such Taxes to the appropriate Tax Authority.

18.6. For any jurisdiction in which misterb&b facilitates collection and/or remittance of Taxes, Hosts and Guests expressly grant misterb&b permission to transfer data and other information relating to Taxes collected and/or remitted, if any, to the appropriate Tax Authority.

18.7. You agree that misterb&b may seek additional amounts in the event that such Taxes collected and/or remitted are insufficient to fully discharge your obligations and/or misterb&b’s obligations to the Tax Authority.

18.8. If you benefit from an exemption from Taxes collected by misterb&b, if any, you may contact misterb&b Customer Support and provide sufficient evidence of such Taxes exemptions benefit before your booking payment. You agree that your sole remedy for Taxes unduly remitted by misterb&b to the appropriate Tax Authority is a refund of the undue Taxes amount from the appropriate Tax Authority, in accordance with applicable procedures set by this Tax Authority.

 

19. Content, misterb&b Content and Member Content

 

19.1. misterb&b may, in its sole discretion, permit you to submit, upload, publish, or otherwise make available on and through the misterb&b Platform, textual, audio and/or visual or other content and information (“Member Content”). misterb&b may, in its sole discretion, enable Members to access and view Member Content and any content that misterb&b itself makes available on or through the misterb&b Platform, including proprietary misterb&b content and any content licensed or authorized for use by or through misterb&b from a third-party (“misterb&b Content”). Member Content and misterb&b Content are collectively referred to as “Content”.

19.2. The misterb&b Platform and the Content may be protected, in its entirety or in part, by copyright, trademark, and/or other laws of the United States and foreign countries. You acknowledge and agree that the misterb&b Platform and misterb&b Content, including all associated intellectual property rights, are the exclusive property of misterb&b 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 misterb&b Platform or Content. All trademarks, service marks, logos, trade names and any other proprietary designations of misterb&b used on or in connection with the misterb&b Platform and misterb&b Content are trademarks or registered trademarks of misterb&b. Any other trademarks, service marks, logos, trade names and any other proprietary designations used on or in connection with the misterb&b Platform and/or Content are the trademarks or registered trademarks of their respective owners.

19.3. Subject to your compliance with these Terms, misterb&b grants you a limited non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and install a copy of the Application on a single mobile device or computer that you own or control and (ii) run this copy of the Application solely for your own personal use. misterb&b reserves all rights in the Application not expressly granted to you by these Terms. If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

19.4. Subject to your compliance with the terms and conditions of these Terms, misterb&b grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and view any misterb&b 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 “Content, misterb&b Content and Member Content”.

19.5.  Any Member Content provided by you remains your property. However, by providing or otherwise making available any Member Content on or through the misterb&b Platform, you hereby grant misterb&b a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Member Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services, misterb&b's business and on third-party’s websites, application and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

19.6. You represent and warrant that (i) you either are the sole and exclusive owner of all Member Content that you make available through the misterb&b Platform or you have all rights, licenses, consents and releases necessary to grant misterb&b the license to such Member Content as set forth above; and (ii) neither your Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content, nor misterb&b’s use of your Member Content will infringe, misappropriate or violate any third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

19.7. 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 misterb&b Platform or 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 misterb&b or its licensors, except for the licenses and rights expressly granted in these Terms. 

19.8. misterb&b undertakes to remove any clearly illegal Member Content for which it becomes aware of. If you are a European Union resident, you can notify misterb&b of the presence of any clearly illegal Member Content on the misterb&b Platform, at any misterb&b’s offices address indicated in the introduction of these Terms or by contacting the misterb&b Customer Support, by indicating the following: (i) the notification date; (ii) your name, occupation, residence, nationality, date and place of birth; if you represent a company, the form, name, registered office and legal representative of this company; (iii) the description of the allegedly illegal Content and its precise location on the Site or the Application, (iv) the reasons for which the allegedly illegal Member Content should be removed, including the reference to legal provisions or evidence of facts; and (v) a copy of the correspondence to the author or publisher of the allegedly illegal Member Content asking for their withdrawal or modification, or the justification for what the author or the publisher could not be contacted.

 

20.  Copyright and Trademark Infringements

 

20.1. misterb&b respects the intellectual property rights of others, and misterb&b requires you to do the same when interfacing with the Site and/or Application. misterb&b may, in appropriate circumstances and at its sole discretion, disable or terminate service and/or access to the Site and/or Application for users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

20.2. In accordance with the Digital Millennium Copyright Act of 1998, misterb&b will respond expeditiously to claims of copyright infringement committed using the Site or the Application that are reported to misterb&b’s Designated Copyright Agent.

20.3. If you are the intellectual property rights owner or the owner's authorized agent, and you believe that your work is the subject of copyright infringement and/or trademark infringement taking place on or through the Site or Application, please deliver to misterb&b’s Designated Copyright Agent a DMCA notice of alleged infringement (“Notice”) providing the following information:

(i)              Identification of the copyrighted and/or trademarked work you claim to have been infringed, or, if multiple copyrighted works are covered by a single notice, a full list of such works that you claim have been infringed;

(ii)            Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site and/or Application, and information reasonably sufficient to permit misterb&b to locate the material;

(iii)           Information sufficient to permit misterb&b to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(iv)           A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law;

(v)             A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of an exclusive right under the copyright that is allegedly infringed; and

(vi)           A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

20.4. Deliver this Notice with all required information completed, to misterb&b’s Designated Copyright Agent by mail or email:

misterb&b, Attn: DMCA Administrator, 584, Castro Street, San Francisco, CA 94114, email: dmca@misterbandb.com

20.5. Upon receipt of the Notice as described above, misterb&b will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

21. User Conducts

 

21.1. 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 access and use of the misterb&b Platform. In connection with your access and use of the misterb&b Platform, you will not and you agree that you will not advocate, encourage, or assist any third-party to (i) violate any local, state, provincial, national, or other law or regulation, or any order of a court and any agreement with any third-parties; (ii) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, or (iii) use, export, re-export, import, or transfer the Application, except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws.

21.2. In connection with your access and use of the misterb&b Platform, you will not and you agree that you will not advocate, encourage, or assist any third-party to:

    - Breach these Terms and policies included herein by reference;

    - Submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;

    - Offer as a Host any Rental Property that you do not yourself own or have permission to make available to be leased or subleased, through the misterb&b Platform, pursuant to any applicable law or the terms and conditions of an agreement with a third-party, including, without limitation, a property rental agreement;

    - Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

    - Unless misterb&b explicitly permits otherwise, book any Listing if you will not actually be using the services you booked yourself;

    - Contact any Member for any purpose other than asking a question related to a booking, a Listing, a Rental Property, an Experience or the Member’ use of the misterb&b Platform;

   - Recruit or otherwise solicit any Member to join third-party’s websites, applications or services without misterb&b’s prior written approval;

    - Use the misterb&b Platform for any commercial or other purposes that are not expressly permitted by these Terms;

   - Use the misterb&b Platform to find a Host or a Guest and then complete a booking of a Rental independent of the misterb&b Platform, in order to circumvent the obligation to pay any Service Fees or for any other reason;

    - Request, accept or make any payment for Booking Fees and Security Deposit outside of the misterb&b Platform. 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 payments, and (iii) hold misterb&b harmless from any liability for such payments;

  - Use the misterb&b Platform or Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a Rental Property or participating in an Experience;

   - Copy, store or otherwise access any information contained on the misterb&b Platform, including without limitation, personally identifiable information about any other Member, in any way that inconsistent with these Terms, the misterb&b Privacy Policy or that otherwise violates the privacy rights of any other person;

   - Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by misterb&b or any of misterb&b’s providers or any other third-party (including another user) to protect the misterb&b Platform and/or personal data of any other users;

   - Use, display, mirror or frame the misterb&b Platform or Content, or any individual element within the misterb&b Platform, misterb&b’s name, any misterb&b trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the misterb&b Platform, without misterb&b’s express written consent;

    - Dilute, tarnish or otherwise harm the misterb&b brand in any way, including through unauthorized use of Content, registering and/or using misterb&b or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to misterb&b domains, trademarks, taglines, promotional campaigns or Content;

   - Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the misterb&b Platform or Content;

    - Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the misterb&b Platform;

    - Access, tamper with, or use non-public areas of the misterb&b Platform, misterb&b’s computer systems, or the technical delivery systems of misterb&b’s providers;

   - Reproduce or circumvent the navigational structure or presentation of the Site and Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or Application;

    - Probe, scan or test the vulnerability of the misterb&b Platform or any network connected to the Site or Application, nor breach the security or authentication measures on the misterb&b Platform or any network connected to the misterb&b Platform; or

    - Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the misterb&b Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

21.3. In connection with your access to and use of the misterb&b Platform, you will not, and you agree that you will not advocate, encourage, or assist any third-party to (i) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or (ii) otherwise engage in any violent, harmful, abusive or disruptive behavior. The terms and conditions of the misterb&b Anti-Discrimination Policy (https://www.misterbandb.com/pages/anti-discrimination-policy) are incorporated by reference into these Terms.

21.4. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the misterb&b Platform. In connection with your access and use of the misterb&b platform, you agree that you will not post, upload, publish, submit or transmit any Member Content, including without limitation, any Travel Review (as defined below), that: (i) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vi) promotes illegal or harmful activities or substances. The terms and conditions of the misterb&b Content Policy (https://www.misterbandb.com/pages/content-policy) are incorporated by reference into these Terms.

21.5. If you stay with or host anyone who you feel is acting or has acted inappropriately, including anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other illegal or disturbing conduct, you must immediately report such person to the appropriate authorities and then promptly (no later than twenty-four (24) hours after reporting to authorities) to misterb&b by contacting the misterb&b Customer Support with your police station and report number. You understand and agree that the provision of any police report will not obligate misterb&b to take any action beyond that required by law (if any) or cause misterb&b to incur any liability to you.

 

22. Travel Reviews, Guide Reviews, Ratings and References

 

22.1. General provisions 

 

22.1.1. Travel Reviews, Guide Reviews (reviews left on the pages of the misterb&b City Guide blog), Ratings and References (as defined below) are only intended to provide description about Members, Rental Properties, Experiences or venues in order to provide you with useful information to make any determination, such as evaluating with whom you enter in contact and transact. You understand such Travel Reviews, Guide Reviews, Ratings and References (i) are not an endorsement, certification or otherwise guarantee by misterb&b about any Member, including, without limitation, its identity, background or future conducts, and (ii) neither do they represent the opinion of misterb&b. misterb&b therefore recommends that you always exercise due diligence and care when deciding to have any interactions with any other Member (such as booking a Listing or accepting a booking request). misterb&b is not responsible for any damage or harm resulting from your interactions with other Members.

22.1.2. As a provider of interactive services, misterb&b does not control the content, accuracy, suitability or legality of any Travel Reviews, Guide Reviews, Ratings or References (as defined below) on the misterb&b Platform.

22.1.3. The publication of Travel Reviews, Guide Reviews, Ratings or References on the misterb&b Platform is automatic and not subject to prior scrutiny by misterb&b. If you consider such materials to be inappropriate or illicit, you are free to (i) contact its author via the misterb&b Platform, (ii) report such materials via the dedicated reporting functionality on the misterb&b Platform or (iii) contact the misterb&b Customer Support. You understand that any Travel Reviews, Guide Reviews, Ratings or References you post must respect these Terms and the misterb&b Content Policy.

 

22.2. Travel Reviews and Ratings

 

22.2.1. At the end of Guest’s stay at a Rental Property or participation in an Experience, both the appropriate Host and Guest have the option, not the obligation, (i) to post a review about their respective experiences regarding such stay or participation (“Travel Review”) and (ii) to grade such experiences (“Rating”).

22.2.2. You understand neither the author of a Travel Review nor misterb&b benefit from any compensation for the publication of the Travel Review.

22.2.3. Both the Guest and the Host can provide Travel Reviews and Ratings within twenty-one (21) days after the day of departure of the Guest from the Rental Property or Experience. The publication on the misterb&b Platform of the Travel Review and Ratings provided by one (1) of the parties will happen only when the other party provides so as well. Immediately after each of the two (2) parties have posted their Travel Reviews and Ratings within the provided time-frame, these Travel Reviews and Ratings are published. If only one (1) of the parties provides a Travel Review and Rating within the twenty-one (21) day time-frame, the provided Travel Review and Rating will be automatically published at the end of the applicable time-frame.

22.2.4. Travel Reviews are displayed via the Site and the Application in reverse chronological order (from the most recent to the oldest). You cannot modify a Travel Review after you provide it.

 

22.3. References

 

22.3.1. You can solicit and receive, at any time, a reference from a friend (“Reference”). References are statements about Members that appear publicly on their public profile pages.

22.3.2.    References can be submitted by users of SNS (as determined by misterb&b) who are your “friends” on such SNS, only after you solicit them to do so through the dedicated functionality on the misterb&b Platform. 

22.3.3.    After receiving a Reference from one of your “friends” from relevant SRS, you decide alone and freely to publish, or later remove, such Reference from your public profile page. Please note that, after being published on your public profile page, References may also be surfaced elsewhere on other pages of the Site or Application.

22.3.4.    You understand References are different and not related to (i) Travel Reviews, which are posted on the misterb&b Platform by the Members after the completion of a booking, and (ii) the misterb&b Referral Program, which offers Travel Credits to Member by inviting new people to be Members of the misterb&b Platform.

 

23. misterb&b Travel Credits

 

23.1. misterb&b may issue to you credits toward future confirmed bookings made by Members via the misterb&b Platform (“Travel Credits”). Travel Credits may only be redeemed for confirmed bookings via the misterb&b Platform.

23.2. misterb&b Travel Credits are credit only and have no cash value nor can they be refunded or exchanged for cash.  

23.3. After you accrue misterb&b Travel Credits, such misterb&b Travel Credits will be automatically applied to your next confirmed booking made via the misterb&b Platform. You may only redeem Travel Credits after the Travel Credits are reflected in your misterb&b Account. The scope, variety, and type of Services and products that you may obtain by redeeming Travel Credits can change at any time.

23.4. Travel Credits expire one (1) year maximum from the date that any Travel Credits are last accrued in your misterb&b Account. Subject to applicable law, all Travel Credits are forfeited if your misterb&b Account is terminated or suspended for any reason, in misterb&b’s sole discretion, or if misterb&b discontinues providing the misterb&b Platform.

23.5. If for some reason you believe that there is a discrepancy regarding your balance of Travel Credits, please contact the misterb&b Customer Support. misterb&b may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at misterb&b’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of misterb&b Travel Credits. Where applicable, misterb&b may be required to account for VAT on any Services for which the misterb&b Travel Credits are redeemed.

 

24. Termination of misterb&b Account and other measures

 

24.1. You may terminate these Terms at any time by deleting your misterb&b Account. You can cancel your misterb&b account via the deletion feature present on your misterb&b Account, or by contacting the misterb&b Customer Support. By deleting your misterb&b Account, you, as a Host, understand such an action will automatically cancel any confirmed booking(s) and the appropriate Guest(s) will receive a full refund. By deleting your misterb&b Account, you, as a Guest, understand that such an action will automatically cancel any confirmed booking(s) and any refund will be processed under the appropriate Cancellation Policy selected by the Host.

24.2. misterb&b may immediately, without prior notice, delete your misterb&b Account (i) when such action is deemed necessary for misterb&b to comply with any legal requirements; (ii) if you have clearly, seriously, or repeatedly violated these Terms, any other misterb&b policies, any applicable laws or third-party rights; or (iii) if misterb&b believes in good faith that such an action is reasonably necessary for any other reasons, including, without limitation to avoid significant harm to misterb&b, other Members or third parties.

24.3. If you have (i) clearly, seriously or repeatedly violated these Terms, any other misterb&b policies, or violated any applicable laws or third-party rights, or (ii) repeatedly received poor Ratings or Travel Reviews; or if misterb&b (i) needs to comply with any legal requirements, (ii) receives complaints and evidences of your conduct, or (iii) believes in good faith that such an action is reasonably necessary to prevent illegal activity and/or significant harm to misterb&b, other Members or third-parties; then misterb&b, in its sole discretion, may take the following measures, with or without prior notice or explanation to you:

-      The temporary or permanent suspension of your misterb&b Account, meaning your misterb&b Account will not be deleted but your access to will be blocked;

-       The temporary or permanent limitation of your access and use of the misterb&b Platform;

-       The cancellation of any of your requested or accepted bookings; and/or

-       The temporary or permanent removal, of all and/or any of your Member Content, or the refusal to remove any Member Content.

24.4. If misterb&b takes any of the measures detailed in this section “Termination of misterb&b Account and other measures”, you agree that (i) misterb&b may refund your Guest(s) in full for any and all confirmed bookings that have been cancelled, without regard to any Cancellation Policy you selected, (ii) you will not be entitled to any compensation for the confirmed bookings that were cancelled and (iii) you will not create a new misterb&b Account or use the misterb&b Account of another Member to circumvent misterb&b’s decision to implement such measures.

 

25. Disclaimers

If you use the misterb&b Platform and the Content, you do so at your sole risk. The misterb&b Platform and the Content and are provided “as is”, without warranty of any kind, either express or implied. misterb&b explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. misterb&b makes no warranty regarding the quality of any Listings, Rental Properties, Experiences or the accuracy, timeliness, truthfulness, completeness or reliability of any materials obtained through the misterb&b Platform. misterb&b makes no warranty that the misterb&b Platform will meet your requirements or expectations, or be available on an uninterrupted, secure, or error-free basis. 

You assume the risk of staying at a Rental Property and using any of the facilities or objects you find in a Rental Property. misterb&b disclaims all liability for any accidents, including, without limitation, lifelong injuries, drownings and deaths, at a Rental Property. You agree that the Experiences listed by Hosts may carry inherent risk, and you freely and voluntarily choose to assume those risks by participating in these Experiences. Some Experiences by Hosts may carry, without limitations, property damage, risk of illness, bodily injury, disability or death. You assume full responsibility for the choice you make before, during and after your participation in an Experience.

Any actual or potential agreement or transaction between Members, including a Guest and a Host, including the quality, condition, safety or legality of the Rental Properties and the Experiences, and the truth or accuracy of the Listings, Travel Reviews and Ratings (including, without limitation, the content thereof or any review relating to any Rental Property or Experience), the ability of Members to rent a Rental Property or propose an activity or a service as an Experience, or the ability of Members to contract for Rental Properties or Experiences, are solely the responsibility of each Member and not the responsibility of misterb&b. 

misterb&b makes no representations or warranties as to the conduct of users of the misterb&b Platform or their compatibility with any current or future users of the misterb&b Platform. misterb&b has no control over the conduct of Hosts, Guests and other users of the misterb&b Platform and explicitly disclaims all liability for any acts or omissions of any Hosts, Guests or other third-parties, including, without limitation, for sexual or other assault, moral or physical harassment, discrimination and/or physical aggression. You acknowledge and agree that misterb&b is not obligated to conduct identity verification or background checks on any Member, but may conduct such background checks in its sole discretion. If misterb&b chooses to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, misterb&b disclaims warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. 

You solely are responsible, and agree to take reasonable precautions, for all of your communications and interactions with other Members and with other persons with whom you communicate or interact as a result of your use of the misterb&b Platform, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by misterb&b or not. You understand that misterb&b does not make any attempt to verify the statements of Members or any other users of the misterb&b Platform, or to review or visit any Rental Properties, any Experiences or any businesses or places reviewed by a Member.

You acknowledge and agree that you, as a Host, 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 Rental Property at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Rental Property, if applicable).   

You agree that you have had whatever opportunity you deem necessary to investigate the misterb&b Services, laws, rules, or regulations that may be applicable to your Listings and/or the services you are offering as a Host or that you book as a Guest. You agree you are not relying upon any statement of law or fact made by misterb&b relating to a Listing. No advice or information, whether oral or written, obtained from misterb&b or through the misterb&b Platform, will create any warranty not expressly made herein.

By using the misterb&b Platform, 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 misterb&b with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the misterb&b Platform regarding any Travel Reviews, Bookings or Listings posted or made by you. This limitation shall not apply to any claim by a Host against misterb&b regarding the remittance of payments received from a Guest by misterb&b on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “limitation of liability”.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

 

26. Limitation of liability

 

26.1. Unless your country of residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the misterb&b Platform, Content, your publishing or booking of any Listing via the misterb&b Platform, your stay at a Rental Property, your participation in an Experience, or any contact you have with other Members whether in person or online remains with you. Neither misterb&b nor any other party involved in creating, producing, or delivering the misterb&b Platform or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these (i) Terms, (ii) from the use of or inability to use the misterb&b Platform or Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate or interact as a result of your use of the misterb&b Platform or Content, or (iv) from your listing or booking of any Rental Properties or Experience via the misterb&b Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not misterb&b has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will misterb&b’s aggregate liability arising out of or in connection with these Terms and your use of the misterb&b Platform and Content including, but not limited to, from any Travel Reviews, Listings or booking of any Rental Properties or Experiences via the misterb&b Platform, or from the use of or inability to use the misterb&b Platform or Content and in connection with any Rental Properties or Experiences, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the misterb&b Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by misterb&b to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (USD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between misterb&b and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

26.2. If your Country of Residence is in the EU, misterb&b is liable under statutory provisions for assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health by misterb&b, its legal representatives, directors, or other vicarious agents. misterb&b is liable for any negligent breaches of essential contractual obligations by misterb&b, its legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of misterb&b in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of misterb&b is excluded.

 

27. Indemnification 

 

You agree to indemnify, defend and hold SFO84, Inc. and its affiliates and subsidiaries, including, but not limited to, Pinklab360, and their officers, directors, employees and agents, harmless from and against any and all costs, claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your violation of these Terms or Policies, (ii) your access to or use of the misterb&b Platform and Content, or by any person using your user name and/or password ; (iii) your Member Content or reliance on Content; (iv) your (a) interaction with or disputes with any Member, (b) booking of a Rental Property or Experience, or (c) creation of a Listing; (v) the use, condition or rental of a Rental Property by you, including but not limited to any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Rental Property; or (vi) the condition or the participation in an Experience by you, including but not limited to any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) or any kind arising in connection with or as a result of a provision of, booking of or participation in an Experience. 

 

28. Dispute Resolution and Binding Arbitration Provision

 

28.1. This Dispute Resolution and Binding Arbitration Provision shall apply if (i) you are a resident of the United States of America; or (ii) you are not resident of the United States but bring any claim against misterb&b in the United States of America (to the extent not in conflict with the section “Applicable law and jurisdiction” below). 

28.2. Definition. As used in this Dispute Resolution and Binding Arbitration Provision, the term “misterb&b” refers to SFO84, Inc., including its subsidiaries and agents. The terms “you” and “your” refer to you as an individual and any legal entity you control, work for, or represent when you access or use the misterb&b Platform. The term “Claims” means all claims, disputes, or controversies between you and misterb&b of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the misterb&b. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Dispute Resolution and Binding Arbitration Provision.

28.3. Informal Efforts to Resolve Dispute. If a dispute arises between you and misterb&b, you should first attempt to resolve it by contacting the misterb&b Customer Support by email or by sending the details of your complaint, including your contact information for a response, to the SFO84, Inc. address as listed in the introduction of these Terms. misterb&b will attempt in good faith to resolve all Claims submitted this way in a timely manner after being notified of such Claims. 

28.4. Agreement to Arbitrate. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and these Terms as a court would. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.

28.5.  Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION, YOU MUST NOTIFY Misterb&b IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS BY MAILING OR FAXING AN OPT-OUT REQUEST TO THE Misterb&b CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH Misterb&b, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH Misterb&b THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH Misterb&b OR THE DELIVERY OF SITE, APPLICATION AND/OR SERVICES TO YOU BY Misterb&b. IF YOU HAVE PREVIOUSLY NOTIFIED Misterb&b OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

28.6. Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the rules of the JAMS (“JAMS”), which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the U.S. Federal Rules of Civil Procedure, misterb&b agrees to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration. 

28.7. Arbitration Rules. The arbitration will be conducted by the JAMS under its rules if you are a resident of the United States; if your use of the Site, Application and/or Services has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply. If you are a resident of a country other than the United States or a Member State of the European Union, the arbitration will be conducted by the JAMS in San Francisco, California, under its rules for international arbitration, and you and misterb&b agree to submit to the personal jurisdiction of the U.S. federal court in San Francisco, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. If you are a resident of a country within the European Union, the arbitration will be conducted by the JAMS in Paris, France, under its rules for international arbitration, and you and misterb&b agree to submit to the personal jurisdiction of the courts in Paris, France in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Dispute Resolution and Binding Arbitration Provision, this Dispute Resolution and Binding Arbitration Provision shall govern and control. The arbitration will be conducted in the English language by a single arbitrator who is a licensed trial attorney or licensed trial lawyer with at least fifteen (15) years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators. If you and misterb&b cannot agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available at https://www.jamsadr.com, or by calling the toll free number: 1-800-352-5267 from inside the United States or +44 207 583 9808 from outside the United States.

28.8. Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at https://www.jamsadr.com.

28.9.  Time restriction. YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE. 

28.10. Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Dispute Resolution and Binding Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you. The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). The confidentiality provisions of these Terms will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS rules or the Federal Arbitration Act.

28.11. Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any Claim you bring against misterb&b and issues you an award that is greater in monetary value than the last written settlement offer made by misterb&b to you before written submissions are made to the arbitrator, then misterb&b will (i) pay you one hundred and fifty percent (150%) of your arbitration damages award, up to one thousand U.S. dollars (USD$1,000)  over and above your damages award; and (ii) pay your reasonable attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Site, Application and/or Services was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and misterb&b waives any right it may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between you and misterb&b.

28.12. Confidentiality. You and misterb&b shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Dispute Resolution and Binding Arbitration Provision and, with the exception of disclosure to your or misterb&b’s attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

28.13. Continuing Obligation to Arbitrate; Severability. This Dispute Resolution and Binding Arbitration Provision shall survive termination of your access to or use of any Site, Application and/or Services and these Terms. If any portion of this Dispute Resolution and Binding Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Dispute Resolution and Binding Arbitration Provision.

misterb&b Customer Support contact:
SFO84, Inc., d.b.a. misterb&b
ATTN: LEGAL/ARBITRATION
584 Castro Street
94114 San Francisco, CA, USA
https://misterbandb.zendesk.com/hc/fr

 

29. Feedback

 

misterb&b encourages you to provide any feedback, suggestions and ideas (“Feedbacks”) to improve the misterb&b Platform by any means of communication. You understand that Feedbacks will be considered non-confidential and non-proprietary to you. By providing Feedback to misterb&b, you irrevocably and perpetually grant misterb&b a non-exclusive, worldwide, sub-licensable, royalty-free license to use and publish those ideas and materials for any purpose, without compensation to you.

 

30. Applicable Law and Jurisdiction

 

30.1. If you are a resident of the United States, these Terms are governed by the substantive and procedural laws of the State of California and United States federal law, without regard to its conflicts of law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Dispute Resolution and Binding Arbitration Provision must be brought before state or federal court in San Francisco, California, unless you and misterb&b both agree to some other location. You and misterb&b both consent to venue and personal jurisdiction in San Francisco, California.

30.2. If you are a consumer and your country of residence is a Member State of the European Economic Area, you agree that French law will govern these Terms will be governed by and construed in accordance with French law, unless mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of French law. A

ny disputes arising out of these Terms will be brought before a competent court of your country of residencer.

Please note that, as part of the mediation mechanism maintained by misterb&b, you can also submit any dispute related to the interpretation or the execution of these Terms to the Online Dispute Resolution (ODR) platform provided by the European Commission (in accordance with Regulation (EU) n° 524/2013 of May 21, 2013). You must have submitted your claim beforehand your claim to the misterb&b Customer Support in writing, before contacting the ODR platform. 

 

Furthermore, if you are a consumer resident in France, in accordance with articles L611-1 and following, and article R612-1 of the French Consumer Code, in the event of any dispute of a contractual nature related to the execution of the misterb&b Gift Card Conditions, that could not be settled directly with misterb&b by submitting it beforehand in writing to the misterb&b Customer Support, the consumer may go to mediation for free. The consumer can contact the Association Nationale des Médiateurs (ANM) by mail at: ANM, 2 Rue de Colmar, 94300 VINCENNES, France; or by email at contact@anmconso.com or by filling the online form at www.anm-conso.com.

 

30.3. In all other cases, meaning if you are acting as a business or if you are not a resident of the European Economic Area and of the United States, you agree that French law will govern these Terms and any dispute arising out of these Terms will be brought before French courts. Before bringing any dispute against Pinklab360 to court, you, as a user, shall use free mediation with a consumption mediator before any trial. For this, you must write a complaint to Pinklab360, prerequisite to the admissibility of the request for mediation. Failing amicable agreement, the dispute will be brought before the competent jurisdiction as outlined above. Mediator contact information is available on the website http://www.mtv.travel/

.

 

31. Terms modifications

 

31.1. misterb&b reserves the right to modify these Terms at any time in accordance with this provision. If misterb&b modifies these Terms, misterb&b will post the modified Terms on the Site and Application and change accordingly the date of update at the beginning of these Terms. misterb&b will notify you of the modification by email at least thirty (30) days before the date they become effective.

31.2. If you disagree with the modified Terms, you may terminate these Terms with immediate effect. misterb&b will inform you about your right to terminate these Terms in the email notifying the Terms modifications. In the absence of termination of the modified Terms before the date they become effective, your continued access to and use of the misterb&b Platform will indicate that you agree to be bound by the modified Terms.

 

32. Miscellaneous

 

32.1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between misterb&b and you regarding the access to and use of the misterb&b Platform. These Terms supersede any and all prior oral or written understandings or agreements between misterb&b and you in relation to your access to and use of the misterb&b Platform. 

32.2. The failure of misterb&b to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of misterb&b.

32.3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties to these Terms. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

32.4. By using the misterb&b Platform, your relationship with misterb&b is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of misterb&b for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of misterb&b. As a Host, misterb&b does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically. You acknowledge and agree that you have complete discretion whether to list your services as a Host or otherwise engage in other business or employment activities.

32.5. If for any reason, any provision of these Terms are held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

32.6. You may not assign, transfer or delegate these Terms, by operation of law or otherwise, without misterb&b’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. misterb&b may assign, transfer or delegate these Terms, at its sole discretion, without restriction.

32.7. Unless specified otherwise, any notices or other communications permitted or required under these Terms, including, without limitation, notifications of the modification of these Terms, will be provided by misterb&b electronically (i) via email (in each case to the last electronic address that you provided on your misterb&b Account) and/or (ii) by posting on the Site or on the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

32.8. misterb&b is not affiliated, endorsed, or otherwise associated with Airbnb.

32.9. If the Host indicates that they will donate a portion of the funds they receive from confirmed bookings made via the misterb&b Platform, the Host is solely responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising for a particular cause or charity. misterb&b is not responsible or liable for whether the Host does in fact make the donation he or she pledged to make.

 

 

 

 

Terms and Conditions of services

Last update: December 10, 2018

In effect until May 14, 2020 for misterb&b Members registered on the misterb&b Platform before April 13, 2020.

 

Please read these Terms and Conditions of services carefully. By accessing and using the misterb&b Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions of services. 

These Terms and Conditions of services contain a binding arbitration provision and class action waiver that apply to all misterb&b Members and affect their rights. By accepting these terms, you agree to be bound by these provisions.  

If you do not agree to these Terms and Conditions of services, you have no right to obtain information from or otherwise continue using the misterb&b Platform (as defined below). You acknowledge and agree that, by accessing or using the misterb&b Platform or the Content, or by uploading Member Content, you are indicating that you have read, and that you understand and agree to be bound by these Terms and Conditions of services, whether or not you have registered with the Site and Application.

You understand transactions realized under the "instant booking" functionnality after 11:59 pm on December 10, 2018 (PST time) will be submitted to the present Terms and Conditions.

These Terms and Conditions of services ("Terms") constitute a binding legal agreement between you and misterb&b (as defined below) and to govern your access to, and use of, the misterb&b website (www.misterbandb.com) including any subdomains thereof, and any other websites through which misterb&b makes its services available (individually and collectively, "Site"), the mobile, tablet and other smart device applications, and application program interfaces through which misterb&b makes its services available (individually and collectively, “Application”) and all associated services, including, without limitation, the Referral Program and the Guides blog (collectively, “Services”). The Site, Application and Services together are hereinafter collectively referred to as the “misterb&b Platform”.

The terms “you” and “your” refer to you as an individual. If you 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, unless otherwise specified.

When these Terms mention “misterb&b”, it refers to the misterb&b entity you are contracting with in regards with the access to and use of the misterb&b Platform:

●      If you reside in the United States of America, you are contracting with SFO84, Inc., 584 Castro Street, San Francisco, CA 94114 (“misterb&b U.S.”);

●      If you reside outside of the United States of America, you are contracting with Pinklab360 SASU, a société par actions simplifiée unipersonnelle, 5 rue Geoffroy-Marie, 75009 Paris FRANCE, with a share capital of one thousand euros, Paris Registry of Commerce number 814 427 639 (“misterb&b Europe”).

If you change your country of residence, the misterb&b company you contract with will be determined by your new country of residence as specified above, from the date on which your country of residence changes.

Please also read carefully the terms and conditions of the misterb&b Content Policy and the misterb&b Anti-Discrimination Policy  that are applicable to your use of the misterb&b Platform and are incorporated by reference into these Terms.

As a Member, by referring your friends to request a booking or create a Listing, you may participate in the loyalty program misterb&b offers referred as the misterb&b Referral Program. The terms and conditions of the Referral Program are incorporated by reference into these Terms.

The collection, use and any processing of personal information in connection with your access to and use of the misterb&b Platform is described in the misterb&b Privacy Policy.

If you have any questions about these Terms, you can contact the misterb&b Customer Support here.

 

1. Presentation and scope of misterb&b Services

 

1.1. misterb&b provides an online marketplace, through the misterb&b Platform, to allow registered users (“Members”) who offer services (“Hosts”) to publish such services as available on the misterb&b Platform (“Listings”), and to allow such Hosts, and other Members seeking to book such services (“Guests”), to communicate and transact directly with each other. The services that Hosts offer may include the short-term use of residential or vacation properties (“Rental Properties”), or other services or activities in various categories (“Experience”).

1.2. misterb&b disclaims any and all liability related to any and all Listings, Rental Properties, Experiences and/or other services delivered by the Hosts. Hosts alone are responsible for their Listings, their Rental Properties and their Experiences. Any bookings will be made at the Guest’s own risk.

1.3. You understand and agree that misterb&b is not an organizer or retailer of travel packages under Directive (EU) 2015/2032. Neither is misterb&b a real estate broker, a contracting agent, an insurer or a bank establishment.

1.4. misterb&b is not an owner, operator, lessor, controller, creator, supplier, , proprietor, seller, reseller, furnisher, provider or manager of any Listings, Rental Properties and Experiences (including, without limitation, the places of location and the materials used and/or required). misterb&b is not acting as an agent in any capacity for any Member, except when misterb&b serves as agent to the Host solely to collect fees for the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host.

1.5. When Members make or accept (including, without limitation, by pre-approval) a booking, they are entering into a contractual relationship directly with each other. misterb&b is not and does not become a party to, or otherwise participates in, to such contractual relationship Members. You exclusively determine the price to be charged, the dates of booking and the parties with whom to transact. You act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of misterb&b. misterb&b does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically. 

1.6. misterb&b does not and cannot control over, neither guarantee (i) the truth or accuracy of any Listings, Ratings, Travel Reviews, or any other Member Content (ii) the performance or conduct of any Member or third party and (iii) the existence, quality, suitability to your needs or expectations, safety or legality of any Listings, Rental Properties and Experiences and any other services provided by the host to the Guest.

1.7. misterb&b does not endorse any Members, Listings, Rental Properties, Experiences or services delivered by Hosts in any way. Any references to a Member Listing, Rental Property, or Experience as being “verified”, “connected” or “Fabul’Host” (or any similar language) indicate that a relevant verification or identification process has been completed and does not represent anything else. Any such references are not an endorsement, certification or guarantee by misterb&b for the accuracy, suitability, safety or trustworthiness of the referenced, including, without limitation, of any Member's identity, background or future conduct. Any such description or references are only intended to be useful information for you to evaluate when you make a decision on the misterb&b Platform. Accordingly, misterb&b recommends you always exercise due diligence and care when deciding to have any interaction and to engage in any transaction with any other Member. misterb&b is not responsible for any damage or harm resulting from your interactions with other Members.

1.8. The misterb&b Platform may contain links to third-party websites or resources. Such third-party websites and resources may be subject to different terms and conditions and privacy practices. misterb&b is not responsible or liable for, neither endorsed or guarantee, the availability or accuracy of such third-party websites and resources, or their content, products, or related services. You will need to make your own independent judgment regarding your interaction with these third-party websites and resources.

1.9. Due to the nature of the Internet, misterb&b cannot guarantee the uninterrupted availability and accessibility of the misterb&b Platform. Moreover, misterb&b may restrict the availability of the misterb&b Platform, or certain Services (such as payment services), areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of misterb&b servers, or to carry out maintenance measures that ensure the proper or improved functioning of the misterb&b Platform.

1.10. misterb&b may improve, enhance and modify the misterb&b Platform and introduce new Services or delete existing ones at any time.

1.11. Please note that misterb&b assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. In particular, Hosts should identify, understand and comply with all applicable laws, rules and regulations in their respective localities. Laws may restrict the ability to rent a property, or certain types of properties, for short time periods and/or the online advertising of tourist rentals. In many cities, Hosts must register, get a permit, or obtain a license before listing a property or accepting Guests. Local governments vary as to their enforcement of these laws, such as penalties or citations. misterb&b provides some information in the Help Center to help Hosts identify some of the obligations that apply to them. Hosts should review local laws and always seek legal guidance in case of any doubt before publishing a Listing on the misterb&b Platform.

 

2. Access and usage of the misterb&b Platform

 

2.1. By accessing or using the misterb&b Platform, you represent and warrant that you are eighteen (18) years old or older and and have the legal capacity and authority to enter into a contract. Any access to or use of the misterb&b Platform by anyone under eighteen (18) years old is expressly prohibited.

2.2. When using the misterb&b Platform, it is solely to be used to enable Hosts and Guests to connect with each other and to book Rental Property or Experience directly with each other.  

2.3. misterb&b does not permit Listings associated with certain countries due to U.S. embargo restrictions. You will comply with any applicable export control laws in your local jurisdiction. You may not use the misterb&b Platform or export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction of your country of residence and any other applicable laws. You also represent and warrant that (i) neither you, your Rental Property nor your Experiences are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country ; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties (such as the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List).

2.4. You may view Listings as an unregistered visitor to the misterb&b Platform. However, to create a Listing or complete a booking, you must first register to the misterb&b Platform by creating a misterb&b Account (as defined below). You also must register to the misterb&b Platform to post, via the Site or Application, reviews about venues and activities (such as bars, restaurants or clubs) advertised on the City Guide (“Blog Reviews”).

2.5. In order to use the misterb&b Platform as a Host, it is mandatory to obtain the appropriate insurance(s) to cover the services you want to offer, whether related to a Rental property or an Experience. Please review any relevant insurance policy 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, without limitation, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Rental Property or participating in your Experience.  

2.6. misterb&b may make access to and use of the misterb&b Platform, or certain areas or features of the misterb&b Platform, subject to certain conditions or requirements, such as completing a verification or identification process, meeting specific quality or eligibility criteria, meeting Ratings or Travel Reviews thresholds, or a Member’s history of booking and cancellation. 

2.7. The access to or use of certain areas and features of the misterb&b Platform may be subject to separate policies, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the misterb&b Platform, the latter terms and conditions will take precedence with respect to your access to or use of that specific area or feature, unless specified otherwise.

  

3. Account Registration

 

3.1. In order to access certain features of the misterb&b Platform, such as creating a Listing or booking a Rental Property or an Experience, you must register to create an account (“misterb&b Account”). By registering, you become a Member of the misterb&b Platform.

3.2. You can create a misterb&b Account directly via the Site or Application using an email and creating a password. You can also register, via the Site or Application, through your account (“SNS Account”) with certain third-party social networking sites (“SNS”) such as Facebook. As part of the functionality of the misterb&b Platform, you may link your misterb&b Account with SNS Accounts, by either: (i) providing your SNS Account login information to misterb&b through the misterb&b Platform; or (ii) allowing misterb&b to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You have the ability to disable the connection between your misterb&b Account and your SNS Accounts, at any time, by accessing the “Settings” section of the Site and Application. Your relationship with SNS associated with your SNS accounts is governed solely by your agreement(s) with SNS. misterb&b is not responsible for any SNS content.

3.3 As you are registering for your misterb&b Account online, misterb&b, subject to any applicable laws, may ask you to provide/upload proof of your identity. Such proof includes, without limitation, a copy of your driver’s license, passport or similar form of identification; a photo of you holding your form(s) of identification next to your face; or a video conference session. 

3.4. misterb&b will create your misterb&b Account and related profile page based upon the personal information that were provided by you to misterb&b or that misterb&b obtains via a SNS as described above. You agree to provide accurate, current and complete information during the registration process and keep such information updated at any time. 

3.5. If you register as an individual, you may not register for more than one (1) misterb&b Account or register for a misterb&b Account on behalf of an individual other than yourself. You are not authorized to use your misterb&b Account, including, without limitation, to engage in a transaction with another Member, on behalf or for the personal benefit of any other person than you. 

3.6. You are responsible for safeguarding and ensuring the security of your misterb&b Account’s credentials. You are also responsible for the confidentiality of your credentials and you will not disclose it to any third party.  You will take sole responsibility for any activities or actions under your misterb&b Account, unless (i) you did not authorize such activities and (ii) you immediately reported to misterb&b such unauthorized activities, or that your credentials have been, or you suspect your credentials to be, lost, stolen or or otherwise compromised.

 

4.     Service Fees

 

4.1. In consideration for the use of certain parts of the misterb&b Platform, misterb&b charges fees to Hosts (“Hosts Fees”) and Guests (“Guest Fees”), collectively referenced as Service Fees. Where applicable, taxes, such as the value-added tax in Europe (“VTA”), may also be charged in respect of the Host Fees and Guest Fees. 

4.2. The Host Fees are calculated as a percentage of the applicable price the Host sets for the booking of its Rental Property or Experiences (including any Taxes if applicable, and/or additional charges such as cleaning fees) (“Booking 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. misterb&b deducts the Host Fees from the Booking Fees paid by the Guest before remitting the balance to the Host as described in these Terms. 

4.3. The Guest Fees are calculated as a percentage of the applicable Booking Fees, by using a variety of factors, for example, the reservation subtotal, the length of the stay and/or the characteristics of the Rental Property or Experience. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host. misterb&b includes the Guests Fees in the Total Fees paid by the Guest for the booking as described in these Terms. 

4.4. misterb&b reserves the right to change the Services Fees rates at any time.

4.5. Service Fees are non-refundable, except as otherwise expressly provided herein.

 

5. Listing Creation

 

5.1. As a Member, you may create Listings to offer staying at your Rental Property and participating in your Experience. You, as a Host, acknowledge and agree that you are responsible for any and all Listings you post. You understand Listings are different from the advertisements that are published via the Online Promotional Service and which advertised services cannot be booked on the misterb&b Platform.

5.2. To create a Listing, you will be asked a variety of questions about the service(s) you want to list, such as the characteristics, location or calendar availability. Without limitation, you must provide (i) a complete and accurate description of the Rental Property or the Experience; (ii) disclose any deficiencies, rules and restrictions (such as the rules to respect when using your Rental Property), and (iii) requirements that apply (such as any minimum age, proficiency or fitness or hygiene standards for an Experience). You are required to and responsible for keeping your Listing information up-to-date at all times, in particular, calendar availability.

5.3. To create a Listing, you must indicate a valid and complete physical address of the location where the Rental Property is located or where the Experience takes place. misterb&b reserves the right to require any supporting documents to verify the address provided. 

5.4. You may also add pictures, animations or videos to your Listing. Such materials must accurately reflect the quality and condition of the Rental Property or Experience. misterb&b reserves the right to require that Listings have a minimum number of pictures of a certain format, size and resolution.

5.5. You are solely responsible for setting a price (including any Taxes if applicable, or additional charges such as cleaning fees) for the booking of your Listing (“Booking Fee”). Once a Guest requests a booking of your Listing, you may not require such Guest to pay a high price than in the booking request.

5.6. The placement and ranking of Listings in search results on the misterb&b Platform may vary and depend on a variety of factors, such as, without limitation, Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Listings picture, customer service and cancellation history, Travel Reviews and Ratings, and/or ease of booking. 

5.7. misterb&b may offer you, in its sole discretion, the option of having professional photographers take photographs of your Rental Property or Experience to be included in your misterb&b Listing only, with or without being tagged as verified photos or similar wording (“Verified Photos”). These professional photographers may not be available at any location at any time and this Service may not be offered to every Host. If so, misterb&b may accept as an alternative verification for Rental Properties, a copy of the utility bill (electricity or telephone bill) with your name and address. This security measure allows misterb&b to verify the Rental Property actually exists. You understand and agree that the offer of this Service of photography will not change that you remain responsible for ensuring your Rental Property or Experience is faithfully represented in the Verified Photos and your Listing. misterb&b sets monthly and/or annually caps on payment transfers to Hosts for bookings of Listings that have not been verified; you understand that these caps may vary without prior notice upon bank or third-party payment services providers. 

5.8. misterb&b reserves the right, at any time and without prior notice, to remove or disable access of any Listing if the Listing or the Rental Property or Experience listed, is found to be in violation of these Terms, any applicable laws (such as tourism laws requiring tourist services advertisements to include specific descriptive information and/or registration, certificate or or license numbers) or otherwise harmful to the misterb&b Platform and its reputation. If so, you will receive a notification explaining the reasons behind such a removal or disablement decision.

5.9. Please note that misterb&b does not currently charge fees for the creation of Listings. However, you, as a Host, acknowledge and agree that misterb&b reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. misterb&b will provide notice of any collection of fees for the creation a Listing via the misterb&b Platform, prior to implementing such a fees feature. If you disapprove such a change, the only remedy for you will be to stop using the misterb&b Platform.

5.10. Please be aware that you must provide a safe Rental Property. Otherwise, you may be liable to the Guest for any unsafe Rental Property. You represent and warrant that any Listing you post and the booking of, or a Guest's stay at your Rental Property, will (i) not breach any agreements you have entered into with any third parties, such as homeowner’s association, condominium, or other agreements, and (ii) comply with all applicable laws (such as tourism and zoning laws), Taxes requirements, and other rules and regulations (including having all required permits, licenses and registrations). 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 Rental Property at your request or invitation, excluding the Guest and any individuals the Guest invites to the Rental Property.

 

6. Specific Terms for Hosts

 

6.1. Booking provisions for Hosts

 

6.1.1. As a Host, you and your own decide the Members with whom you transact. By accepting the booking request of a Guest (including, without limitation, through pre-approval), you understand you enter into a legally binding agreement with this Guest. misterb&b is not a party to, nor intervene in, to such contractual relationships between Members.

6.1.2. If you are a Host and a booking is requested for your Listing via the misterb&b Platform, you will be required to either confirm or reject the booking request within the time period indicated (“Request Period”), otherwise the booking request will be automatically cancelled. Different Request Periods may apply in different places. 

6.1.3. When a booking is requested for your Listing, misterb&b will share with you certain information useful for you, such as the first name of the Guest who has requested the booking and a link to this Guest’s misterb&b Account profile page. Additionally, misterb&b makes certain tools available to you, as a Host, to help you to make informed decision about which Members you choose to confirm for booking for your Listing. However, you acknowledge and agree that, as a Host, you are responsible for your own acts and omissions, including, without limitation, when deciding to accept a booking request.

6.1.4. If you are unable to confirm or decide to reject a booking request within the Request Period, any amounts collected by misterb&b for the requested booking will be refunded to the applicable Guest’s Payment method. 

6.1.5. When you confirm a booking requested by a Guest, misterb&b will send you a notification confirming this booking (such as an email, text message or message via the Application depending on the selections you made).

 

6.2. Financial provisions for Hosts

 

6.2.1. You, as a Host, appoint and authorize misterb&b as your payment collection agent solely for the limited purpose of accepting, holding and settling payment processing proceeds owed to you as part of your transactions with your Guests. You, as a Host, agree misterb&b may refund the Guest in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Host, misterb&b assumes no liability for any of the Host’s acts or omissions.

6.2.2. You, as a Host, agree that a payment made by a Guest through misterb&b, shall be considered the same as a payment made directly to you. You agree that misterb&b’s receipt of any amount due by the Guest for the booking satisfies the relevant Guest’s obligations to make payments to you. Accordingly, you will make the Rental Property or the Experience available to the Guest in the agreed-upon manner as if you have received the payment directly.

6.2.3. Generally, misterb&b will collect the payment from your Guest at the time you accept the Guest’s booking request, or at any other time agreed upon between the Guest and misterb&b.

6.2.4. Since misterb&b acts as a payment collection agent to accepts payments from Guests, you understand that misterb&b’ obligation to pay you any funds is subject to and conditional upon successful receipt of such associated funds from Guests. misterb&b guarantees payments to you only for such amounts that have been successfully received by misterb&b from Guests in accordance with these Terms.

6.2.5. You, as a Host, understand and agree that the payout initiated by misterb&b to you for the Guest’s payment due for the booking of your Listing (“Payout”) will be the Booking Fees, less applicable Host Fees (including applicable taxes, such as VAT) and applicable Taxes (as defined below). Please note that misterb&b cannot control any fees that may be charged to the Host by any third-party payment services providers who may impose their own additional charges on the Host for the use of their services, including by deducting their charges from the Payout amount.

6.2.6. Payouts will be remitted by misterb&b to you via the payout instrument you have linked to your misterb&b Account, such as direct deposit, debit card or PayPal account (“Payout Method”). You understand that misterb&b will not be able to correctly process your Payout if the Payout Method of your choice is not valid. Payouts will be remitted by misterb&b in the currency you selected via the misterb&b Platform among supported currencies.

6.2.7. Usually, except a refund is due to the Guest or you have not provided misterb&b any mandatory tax-related information (where applicable), misterb&b will release your Payout within five (5) business days after the starting date of the booking (by default 11:59pm local time of the check-in date, unless another hour was specified). misterb&b may offer you different payouts timings (for instance, monthly grouped payouts) and you understand any timings proposed to you may have timing fees attached. Such timing fees will be displayed to you before you select the related payout timing.

6.2.8. You understand that misterb&b may be required to delay the release of your Payout under any applicable local law. The time it takes for the Host to receive Payout once released by misterb&b may depend upon the Payout Method you have chosen and its associated third-party payment services providers, which misterb&b is not responsible for.

6.2.9. In cases in which a confirmed booking is then cancelled or modified, you, as a Host, agree that misterb&b may refund the Guest of the appropriate portion or totality of the Booking Fees, in accordance with (i) the Cancellation Policy (as defined below) you selected or the Modification of booking you accepted, (ii) the Travel Issue Policy, (iii) The Force Majeure policy, and (iv) any other applicable provisions of these Terms. If so, in the event you have already been paid, misterb&b will be entitled to recover the amount of any refund from you, including by reducing any future Payouts by this refunded amount due to you.

6.2.10. If required by applicable law, you, as a Host, must provide misterb&b with Taxes-related information (such as tax ID number), before a Payout is made to you. Accordingly, payment will be delayed until such time as you provide such Taxes-related information to misterb&b, if applicable. 

6.2.11. If you, as a Host, owe or agree to pay any amount via misterb&b to misterb&b (whether as a result of your bookings or actions as a Host or otherwise), then misterb&b may (but is not obliged to) withhold the amount owing to misterb&b from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to misterb&b. If misterb&b does so, then your obligation to pay misterb&b will be extinguished to the extent of the amount withheld by misterb&b, and misterb&b will cease to owe to you any obligations (including, without limitation, any obligation to pay you) with respect to the amount withheld.

 

7. Specific Terms for Guests

 

7.1. Booking provisions for Guests

 

7.1.1. You, as Guest, can decide to book a Listing available on the misterb&b Platform by following the respective booking process. All applicable fees, including the Booking Fee, the Guest Fees and any applicable Taxes (collectively, “Total Fees”) and the Security Deposit (as defined below) will be displayed to you before you send a booking request to a Host.

7.1.2. You, as a Guest, agree to pay the Total Fees to misterb&b for any booking requested in connection with your misterb&b Account. misterb&b will collect the Total Fees at the time of the booking request or upon the Host’s confirmation, as described in these Terms.

7.1.3. On receiving your booking request, the Host is required to either confirm or reject it within the Request Period, as determined by misterb&b. If the Host does not act either ways within the Request Period, the booking request will be automatically rejected.

7.1.4. Once the transaction for your accepted booking is complete, you will receive an email summarizing your confirmed booking. Once your booking request is accepted by the Host, you agree and understand that you enter into a legally binding agreement with the Host, that may be subject to any additional terms, conditions and requirements. Such additional terms, conditions and requirements imposed by the Host, may be, in particular, the applicable cancellation policy and any rules and restrictions specified in the Listing. 

7.1.5. misterb&b is not a party to such agreements, and that, with the exception of its payment obligations hereunder, misterb&b disclaims all liability arising from or related to any such agreements You acknowledge and agree that you, and not misterb&b, will be responsible for performing the obligations of any such agreements between you and the Host. The Host, not misterb&b, is solely responsible for honoring any confirmed bookings and making available any Rental Properties or Experiences booked by you.

7.1.6. You, as a Guest, may not bring any additional individuals to the location of the Listing unless such an individual was added by you as an additional guest during the booking process on the misterb&b Platform. You are required to ensure that every additional guest is made aware of and agrees to these Terms and any terms, conditions and requirements imposed by the Host as specified in the Listing.

7.1.7. You should carefully review the description of any Listing you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to stay at a Rental Property or participate in any Experience. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your stay at a Rental Property or participation in an Experience (such as minimum legal drinking age).

 

7.2. Financial provisions for Guests

 

7.2.1. You agree to pay misterb&b the funds due under these Terms, including Total Fees for any confirmed bookings made in connection with your misterb&b Account. Accordingly, you hereby authorize misterb&b to collect such funds, including any due Total Fees, by charging the payment method that you added to your misterb&b Account (such as a credit card, debit card or PayPal account) (“Payment Method”), either directly or indirectly, via Third-Party Payment Processor(s) (as defined below).

7.2.2. You understand and agree that the collection process by misterb&b may include placement of a hold on the funds at the time of the request for booking via your Payment Method (“Pre-Authorization”) and full collection of payment upon confirmation of the booking. If misterb&b is unable to collect the Total Fees as scheduled, misterb&b will collect the Total Fees at a later point. You authorize misterb&b to make such Pre-Authorization and to collect the Total Fees later than scheduled, if misterb&b was unable to do so. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email. 

7.2.3. You, as a Guest, acknowledge and agree that, notwithstanding the fact that misterb&b is not a party to the agreement between you and the Host, misterb&b acts as the Host’s payment collection agent for the limited purpose of accepting, holding and settling payment processing proceeds owed by you to the Host as part of your transactions with such Host. Upon your payment of the Total Fees to misterb&b, your payment obligation to the Host for the agreed upon is extinguished, and misterb&b is responsible for remitting the Booking 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 misterb&b does not remit any such amounts, such Host will have recourse only against misterb&b and not you directly.

7.2.4. misterb&b may offer you, at its sole discretion, alternative options for the timing and manner of payment. Guests may be required to pay or be offered the option to pay in multiple installments. For example, according to the Total Fees amount and the number of days between the Host’s confirmation of your requested booking and its starting date, misterb&b may propose you to divide the payment of the Total Fees by paying first a deposit up to a certain amount of the Total Fees, then the remaining Total Fees amount in a second time. In such occasion, you understand and agree that if you do not pay for such remaining amount before the starting date of your booking, such booking is automatically cancelled without any refund of any kind. Any additional fees for using offered payment options will be displayed via the misterb&b Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option.  

7.2.5. If the requested booking is cancelled, whether it was not accepted by the Host or you canceled it before it was accepted by the Host, any amounts collected by misterb&b will be refunded to you, and any Pre-Authorization will be released. Please note that misterb&b cannot control any delay in the unblocking by your bank of the amounts preauthorized on your payment method, and misterb&b disclaims all liability in this regard.

7.2.6. Please note that misterb&b cannot control any fees that may be charged to a Guest by his or her bank related to misterb&b’s collection of the Total Fees, and misterb&b disclaims all liability in this regard.

 

8. Modification of bookings

 

8.1. Either using the Site or Application or by giving directions to the misterb&b support team, you are responsible for all the modifications you request regarding the dates of a confirmed booking (“Modifications of bookings”). The Modifications of booking are subject to availability and the Host may accept or reject Modifications of bookings.

8.2. Accordingly, you accept to pay any additional fees (such as the Booking Fees, Guest Fees or Hosts Fees) and/or any Taxes related to such modifications of the booking.

8.3. The accepted Modifications of bookings will result in a new reservation. The Guest will be charged, or refunded, of the difference between the amount of the Rental Property Fees of the initial reservation and the amount of the Rental Property Fees of the new reservation. However, the Guest Fees for the initial reservation will not be refunded. If the amount of the Guest Fees for the new reservation exceeds the amount of the Guest Fees for the initial reservation, the Guest will be charged the difference. 

8.4. If the Total Fees of the new reservation are lower that the Total Fees for the initial reservation, misterb&b may apply Modification fees, and the amount of such Modification fees will be provided to the Guest willing to modify a booking.

 

9.     Cancellations of bookings

 

9.1. General Terms

 

9.1.1. To process a cancellation in a valid manner, you must select the confirmed booking through your misterb&b Account and cancel it via the platform by clicking on the appropriate cancellation button. Alternatively, you can contact the misterb&b support team to process the cancellation on your behalf; in such occasion, you will be required to confirm by writing your will to cancel the booking and your acknowledgement of the cancellation penalties that may apply pursuant to these Terms.  

9.1.2. In the event, you, as a Host, have (i) clearly, seriously or repeatedly violated these Terms, any other misterb&b policies, or clearly violated any applicable laws or third-party rights, or (ii) repeatedly received poor Rating or Travel Reviews; or if misterb&b (i) needs to comply with any legal requirements, (ii) receives complaints and evidences of your conduct, or (iii) believes in good faith that such action is reasonably necessary to prevent illegal activity and/or significant harm to misterb&b, other Members or third-parties, you understand and agree misterb&b may cancel, in its sole discretion, any confirmed booking. Cancellations by misterb&b can occur any time until the beginning of the booking. misterb&b will promptly notify the appropriate Host and Guest of such cancellation and will proceed to the appropriate refund and payouts. You agree that misterb&b and the relevant Guest or Host will not have any liability for such cancellations or refunds.

 

9.2. Cancellations by Guests

 

9.2.1. misterb&b allows the Host to choose, among a set of cancellation policy types, the one that works best for the Host. Both Guests and Hosts understand that, once the booking of a Listing is confirmed by the Host, the Cancellation Policy selected by the Host for such Listing can not be subsequently modified.

9.2.2. You, as a Guest, can cancel a confirmed booking at any time in accordance with the cancellation policy selected by the Host for the Listing you booked (“Cancellation Policy”). The applicable Cancellation Policy is detailed on the receipt you received after you made the booking payment for the appropriate Listing.

9.2.3. After the Guest cancels a confirmed booking, misterb&b will refund the Guest, and remit to the Host, only the due portion of the Booking Fees (and applicable Taxes) pursuant to the applicable Cancellation policy and these Terms, unless the Guest suffered a valid Travel Issue (as defined below) or the Force Majeure policy applies.

9.2.4. You, as Guest, understand and agree that, regardless of the Cancellation Policy selected by the appropriate Host, the Service Fees are non-refundable. 

9.2.5. If you, as a Guest, cancel a confirmed booking after the scheduled check-in date of such booking, you understand you are not entitled to any refund of any kind, unless you suffered a Travel Issue (as defined below) or the Force Majeure Policy applies.

 

9.3. Cancellations by Hosts 

 

9.3.1. If you, as a Host, cancel a confirmed booking, you understand that the integrality of the Total Fees paid by the Guest for such confirmed booking will be refunded to the Guest, within a commercially reasonable time. Accordingly, you, as a Host, are not entitled to receive any payment from the Guest who made the booking you cancelled. In the event you already have been paid for a booking you subsequently cancelled, you agree that misterb&b will be entitled to recover such Payout amount from you, and you authorize misterb&b to reduce any future Payouts by such Payout amount. 

9.3.2. In the event of a confirmed booking is cancelled by the Host, misterb&b may, but is not obliged to, use reasonable efforts to find and propose to the Guest an alternative available Listing. You remain, as a Guest, solely responsible for the booking of such alternative Listing pursuant to these Terms, and you agree to pay misterb&b the Total Fees relating to the confirmed booking of such alternative Listing.

9.3.3. Unless the Force Majeure Policy applies, misterb&b may impose a cancellation fee to the Host (that may be withheld from the future payouts of the Host). The conditions of application, and amount, of such cancellation fee will be notified to the Host before deciding to cancel.

9.3.4. If you, as Host, cancel a confirmed booking, and unless the Force Majeure Policy applies, misterb&b may (i) publish an automated review on your Listing indicating that a reservation was cancelled and/or (ii) keep the calendar for your Listing unavailable or blocked for the dates of the booking you cancelled.

 

10. Force Majeure Policy

 

10.1. Force Majeure Policy Terms

 

10.1.1. The cancellation of a confirmed booking may occur as a result of an unexpected and unforeseeable event, placed beyond the control of the Members (“Force Majeure Events”). If the presence of a valid Force Majeure Event, as determined by misterb&b, misterb&b may decide the Force Majeure Policy applies, notwithstanding the selected Cancellation Policy.

10.1.2. In application of the Force Majeure Policy, misterb&b may, in its sole discretion, give the Guest a refund of the Booking Fees amount (and applicable relevant Taxes) and/or waive the cancellation penalties for the Host. You understand that in no circumstances the application of the Force Majeure Policy may result in misterb&b (i) refunding the Service Fees, and (ii) covering any expenses related to your travel or your hosting of a Member. 

10.1.3. In the event a valid Force Majeure Event (as defined below) occurs after the Guest’s check-in, the Force Majeure Policy only applies for the remaining time of the booking, and any refund of the Booking Fees given to the Guest would be proportionate to such remaining time.

10.1.4. To benefit from the Force Majeure Policy, you must cancel the booking prior to submitting a Force Majeure claim. Then, you must submit to a Force Majeure claim the misterb&b Customer Support within twenty-four (24) hours after the moment you cancelled, as shown in your misterb&b Account. You understand misterb&b may ask you to provide sufficient documents in support of your Force Majeure claim.

 

10.2. Valid Force Majeure Events

 

10.2.1. Conditional to the requirement of providing adequate documentation, misterb&b may determine, in its sole discretion, the following events constitute valid Force Majeure Events:

   (i)  Death of the Guest, Host or their immediate family member or partner. You are required to provide both a proof of death (death certificate or news article) and a document establishing you were the partner, cohabitee partner or the immediate family member of the deceased person;

   (ii)  Serious injury or illness jeopardizing your future well-being and making it impossible or extraordinarily difficult to travel, to host or to participate in or provide an Experience. You are required to provide a statement or certificate from a professional which is dated after the booking was made; or

   (iii)  Interruption of travel roads (railways, airports or roads) making it impossible for you to travel to the Experience or Rental Property. You are required to provide a notice of such blocking, like notice of flight cancellation or train interruption.

10.2.2. In light of credible local and/or international authorities’ recommendations and reports, misterb&b may determine, in its sole discretion, the following events constitute valid Force Majeure Events:

   (i)  Epidemic disease suddenly affecting an entire region. misterb&b will assess the seriousness of such disease in light of credible authorities’ recommendations and reports;

   (ii)  Official intervention of any competent local or international authority, to restrict traveling or hosting due to severe political or civil unrest; or

   (iii)  Severe weather incident or natural disaster making impossible or extraordinarily difficult to travel or host.

 

11. Travel Issue Policy

 

11.1. General Terms

 

11.1.1. The Host is responsible for ensuring that the Rental Property or the Experience the Guest is given access to, is adequate with the Listing description made on the Site and Application. Additionally, the Host must ensure that minimum quality standards (such as standards of health, hygiene and safety) and reasonable expectations regarding hospitality (such as the respect of Guests’ quiet and privacy) are met, in accordance with local standards. The Host should be available, or failing that, make a third-party available, to try to resolve in good faith any issues encountered by the Guest. 

11.1.2. Members agree that in the event a Guest suffers a proven and valid Travel Issue (as defined below), the Travel Issue Policy may apply to the appropriate booking of the Listing of a Rental Property. In such circumstance, you, as a Host, understand that the rights of Guests under this Travel Issue Policy will supersede the Cancellation Policy you selected. All determinations of misterb&b with respect to the Guest Refund Policy, in particular the validity of a Travel Issue and the size of any refund given, shall be final and binding on both Guests and Hosts.

11.1.3. In the presence of a valid Travel Issue, misterb&b agrees, in its sole discretion, to either:

   (i)  Use reasonable effort to find and propose to the Guest an alternative available Rental Property, reasonably comparable, in terms of size and quality, to the Rental Property booked in the first place (within limits of local availability). In the event the Guest accepts such alternative proposition, misterb&b may book the alternative Listing, on the Guest’s behalf, in response to the emergency of the situation. Nonetheless, you, as a Guest, understand and agree that you remain responsible to pay any price difference; or

   (ii)  misterb&b may provide the Guest with a partial or entire refund, as determined by misterb&b, of the Total Fees paid for the booking associated with a Travel Issue.

11.1.4. If (i) misterb&b determines that a Guest has suffered a valid Travel Issue related to a Listing you posted and if (ii) misterb&b either reimburses that Guest any amount up to the Total Fees paid by the Guest for the booking of this Listing or provides an alternative Rental Property to the Guest, you, as Host, agree to reimburse misterb&b up to the amount refunded to the Guest within thirty (30) days of misterb&b’s request. In order for you to reimburse the refund amount you owe to misterb&b, you authorize misterb&b to collect this refund amount by reducing any future Payouts by this refund amount or as otherwise permitted pursuant to these Terms.

11.1.5. misterb&b may apply consequences to the Listing related to a valid Travel Issue, including negatively affecting its ranking or publishing automated reviews. Additionally, misterb&b may impose to the Host fees to cover the administrative burden associated with the treatment of the Travel Issue claim (such fees to deduced from your future payouts). If misterb&b believes, in good faith, that the circumstances of the Travel Issue can reasonably be expected to continue or occur again, misterb&b reserves the right to cancel future bookings of the Listing associated with the Travel Issue.

11.1.6. Prior to submitting a valid claim for a Travel Issue, the Guest must (i) not have caused, directly or indirectly, the Travel Issue, and (ii) use reasonable effort to remedy the Travel Issue (preferably in writing, since the Guest must be able to prove such reasonable efforts). Then, the Guest must submit the Travel Issue claim to misterb&b Customer Support within twenty-four (24) hours after the Guest checked-in at the Rental Property.

11.1.7. Subsequently to the receipt of a Travel Issue claim made by the Guest, misterb&b will contact the appropriate Host and offer the Host the chance to dispute the Travel Issue (in particular by providing evidence to the contrary). To be allowed to dispute the Travel Issue, the Host must have first used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.

11.1.8. In order for misterb&b to determine the validity of your Travel Issue, (i) the Guest must attach any supporting evidence (such as photographs) to the claim, and (ii) both the Host and Guest must cooperate with misterb&b’s request for any additional information. You understand the lack of solid evidences or effective cooperation can seriously affect, to your detriment, all determinations made by misterb&b under the Travel Issue Policy. 

11.1.9. The Travel Issues Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest. In no event will misterb&b’s aggregate liability arising out of or in connection with this misterb&b Guest Refund Policy, exceed the amount of the Rental Property fees and of the Experience Fees collected by misterb&b from the Guest.

 

11.2. Valid Travel Issues

 

11.2.1. A valid Travel Issue may include, in misterb&b sole discretion, the following Host’s acts or omissions:

    (i)   The cancellation of the booking by the Host within twenty-four (24) hours before the scheduled booking’s start;

    (ii)   The Host’s failure to give reasonable access to the Rental Property or the Experience;

   (iii)  The invasion of Guest’s privacy by the Host, including, without limitation, the use of covert camera in private areas of the Rental Property without prior information; or

   (iv)  The lack of information by the Host in the Listing about unusual activities or practices in which the Host may engage in the presence of the Guest, such as naturism at home.

11.2.2. A valid Travel Issue may include, in misterb&b sole discretion, the inaccuracy of the Listing’s textual or visual description of the Rental Property with respect to:

   (i)  The actual size of the Rental property, or of its constituting rooms;

   (ii)  Whether the booking of the Rental Property is for an entire home, private room or shared room;

   (iii)  Special amenities or features of the Rental Property that are not provided or do not function; or

   (iv)  The physical location of the Rental Property, which is unreasonably approximate.

11.2.3. A valid Travel Issue may include, in misterb&b sole discretion, the failure of the Rental Property to:

   (i)  Meet safety and health standards, given the location and the nature of the particular Rental Property; or

   (ii)  Be generally clean and sanitary.

 

12. Security Deposits

 

12.1. You, as a Host, may elect to require a security deposit in your Listing of Rental Property (“Security Deposit”) in order to cover the cost of loss or damages your Guest may cause to the Rental Property or any personal or other property at your Rental Property (« Property Damages »). If so, you must specify such Security Deposit in your Listing before the Guest makes a request for booking. misterb&b will cap the amount of the Security Deposit you can require in your Listing. You are not allowed to require a Security Deposit after the request for or confirmation of a booking. You are strictly forbidden to ask for the payment of a Security Deposit of any kind, or by any mean, outside of the misterb&b Platform for any booking made or to be made through the misterb&b Platform.

12.2. You, as a Host, understand that the specification of a Security Deposit in your Listing will not have for consequence that the Guest will pay you such specified amount as part of the payment required to book such Listing. The payment of the Security Deposit or part of it may only occur in presence of a Property Damage.

12.3. If you hold the Guest responsible for a Property Damage, you can send a request to your Guest for the payment of an amount up to the Security Deposit (“Deposit Claim”), via the dedicated functionality accessible from your misterb&b Account (“Deposit Claim Center”). You must use only the Deposit Claim Center to resolve a Security Deposit dispute, otherwise you understand and agree misterb&b may refuse to play any role regarding this Security Deposit Dispute.

12.4. As a Host, you may open a Deposit Claim within seven (7) days after your Guest checks-out of your Rental Property. In order to open a Deposit Claim, you, as a Host, will be required to set the requested amount you claim the Guest should pay, in the limit of the Security Deposit you specified in the appropriate Listing. The amount you request the Guest to pay shall be limited to cover the cost of the Property Damage and only such cost. You, as a Host, will also be asked to provide mandatory information in support of your Deposit Claim, such as description and photographs of the damage and receipt of the damaged furniture.

12.5. On receiving a Deposit Claim by the Host, you, as a Guest, may either (i) agree on the payment requested by the Host, (ii) contest the requested amount by formulating a counter-proposal or (iii) fully deny the Deposit Claim. In the event the Guest contests the requested amount, the Host may accept the counter-proposal or make a new and final proposal. In the event both the Host and Guest do not agree on a specific amount within ninety-six (96) hours after the Deposit Claim was opened by the Host, or if the Guest fully deny the Deposit Claim, the Host may (i) close the Deposit Claim or (ii) require the misterb&b mediation to settle the dispute. Please note that if the misterb&b mediation is not required by the Host, the Deposit Claim will be automatically closed seven (7) days after it was opened by the Host if the Host and the Guest do not agree with each other on a payable amount during this timeframe. 

12.6. When misterb&b provides its mediation for the Deposit Claim, Members understand and agree that all determinations made by misterb&b with respect to the Deposit Claim, in particular the responsibility for, the gravity of the damage suffered and the amount the Guest must pay shall be final and binding on Members. You understand that in all determinations, misterb&b may consider, in its determination, any local relevant practices and standards in relation with rentals security deposits.

12.7. In order for misterb&b to make any determination, you may be asked to provide any information or document (such as photographs), in addition to the ones you may have already provided on the Deposit Claim Center. You understand the lack of solid evidences or effective cooperation can seriously affect, to your detriment, all determinations made by misterb&b.

12.8. If you, as a Guest, are required to pay the Security Deposit or part of it, misterb&b may apply management fees. You agree to pay such management fees in the same payment required for the payment of the Security Deposit. Such management fees will be included in the amount to be paid under your obligation to pay the Security Deposit, or part of it.

12.9. You agree to pay misterb&b, as the Host’s payment collection agent, the total or partial amount of the Security Deposit as (i) agreed upon with the Host via the Deposit Claim Center, or (ii) determined by misterb&b under its mediation. Accordingly, you hereby authorize misterb&b to collect such amount by charging your Payment Method, either directly or indirectly, via Third-Party Payment Processor(s) (as defined below). In the event misterb&b is unable to collect the Security Deposit payment by charging your Payment Method, you understand and agree misterb&b reserves the right to pursue any remedies available to misterb&b, including, without limitation, recovery procedures in this regard. In the event misterb&b pursue a recovery procedure against you, such recovery procedure will be conducted by misterb&b Europe on behalf of the misterb&b entity you contracted with. Misterb&b may apply recovery fees in the event misterb&b has to pursue any other remedy to its inability to charge your Payment Method. You agree to pay such recovery fees in the same payment misterb&b may recover by any remedy. Such management fees will be included in the amount to be paid under your obligation to pay the Security Deposit, or part of it.

12.10. misterb&b will remit you the Security Deposit amount in a timely manner after, and only, collection of such amount from the Guest. Since misterb&b act as a payment collection agent to accept payments from Guests, you understand that misterb&b’ obligation to pay you any Security Deposit amount is subject to and conditional upon successful receipt of such amount funds from Guests. In the event misterb&b is definitely unable to collect the Security Deposit amount due by the Guest, misterb&b may offer you, in its sole discretion, to reduce the Host Fees you may pay to misterb&b in the future by the Security Deposit amount the Guest should have paid to you.

 

13. Guest’s Damage to Rental Properties

 

13.1. The provisions of the present section « Guest’s Damage to Rental Properties » only apply when the cost of a Property Damage exceeds the Security Deposit amount you specified in the appropriate Listing. If so, misterb&b may help the Host to seek further payment from the Guest to cover this cost. If the cost of the Property Damage does not exceed the Security Deposit amount you specified, you, as a Host, must seek cover payments from the appropriate Guest via the Deposit Claim Center. 

13.2. As a Guest, you are responsible for leaving the Rental Property (including any personal or other property located at the Rental Property) in the condition it was in when you arrived. 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 Rental Property, excluding the Host.

13.3. As a Host, in order to seek payment from the Guest for Property Damages which costs exceed the Security Deposit, you must submit your claim to the misterb&b Customer Support within seven (7) days after the day your Guest checked out of your Rental Property. You claim must be supported by the following documentation (i) clear and detailed photographs or videos of the reported lost or damaged property; (ii) a receipt, invoice or any other proof of the fair trade value of the damaged material goods, or any precise cost report; (iii) evidence of lawful possession; (iv) the police report issued in connection with the reported physical loss or damage and (v) any document that you believe to be supporting of your claim and helpful for misterb&b in processing it. misterb&b reserves the right to ask for any additional documentation as necessary for its determination. misterb&b will review your claim and will determine, in its sole discretion, if your claim is valid, the Guest is responsible, the cost of the Property Damage and if misterb&b will help you by seeking payment from the Guest.

13.4. If a Host claims and provides required documentation and solid evidences that you, as a Guest, have caused a Property Damage, you agree the Host can seek further payment from you for the cost of the Property Damage. You, as a Guest, will be given an opportunity to respond and contest such claims. If you agree to pay the Host, or misterb&b determines in its sole discretion that you are responsible for the Property Damage, misterb&b will collect any such amount from you in accordance with these Terms. misterb&b also reserves the right to otherwise collect payment from you and pursue any remedies available to misterb&b in this regard in situations in which you are responsible for a Property Damage.

13.5. You, as a Host, acknowledge and agree that any amounts payable by the Guest to cover the Property Damage and collected by misterb&b under the present section « Guest’s Damage to Rental Properties », if any, will be reduced by the amounts you have already been paid from any other source to cover the same Property Damage, including, the insurer of the Guest responsible for this Property Damage or amounts received under guarantee, indemnity or any other insurance policy. In the event you have already been paid by the Guest to cover the cost of a Property Damages and this payment constitutes overlaps with any cover payment by any other sources, misterb&b may decide to refund the Guest of the amount paid and you agree to reimburse misterb&b of the refunded amount as soon as you receive the other cover payment by the other source.

13.6. If you are a Guest, you understand and agree that misterb&b 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, to any personal property of the Host (including without limitations amounts paid by misterb&b under any insurance offered to the Host). You agree to cooperate with and assist misterb&b in good faith, and to provide misterb&b with such information as may be reasonably requested by misterb&b, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, without limitation, executing documents and taking such further acts as misterb&b may reasonably request to assist misterb&b in accomplishing the foregoing.

13.7. This section « Guest’s Damage to Rental Properties » is not and does not provide an insurance policy.

 

14. Disputes between Members

 

14.1. Any actual or potential agreement or transaction between Members and their ability to enter in such a transaction; any Member Content (as defined below), including, without limitation, Listings and Travel Reviews; any Rental Property and Experience, including, without limitation, their quality, condition, safety or legality; are solely the responsibility of each Member.

14.2. If you have a dispute with another Member, you must resolve the dispute directly with the Member, which requires to expose in writing your complaint directly to the other Member you have a dispute with. misterb&b may, but is not required to, assist in resolving any disputes between Members. You can request the mediation of misterb&b in the dispute opposing you to another Member only if one of the Members of the dispute contacted misterb&b Customer Support within seventy-two (72) hours after the day the booking at issue terminated. 

14.3. If misterb&b decides to offer its mediation to resolve a dispute occurring between Members, these Members engage in cooperating with misterb&b’s request for any information. You understand the lack of supporting evidences or effective cooperation can seriously affect, to your detriment, all determinations made by misterb&b in its mediation.

14.4. You understand and accept that all determinations of misterb&b with respect to the resolution of a dispute between Members shall be final and binding on the Guests and Hosts.

 

15. Payment Services

 

15.1. General Terms on payment services

 

15.1.1. You hereby authorize misterb&b to collect from you (i) amounts due for any bookings made in connection with your misterb&b Account, (ii) any other amounts due pursuant to these Terms and (iii) fees improperly paid to you.

15.1.2. You authorize misterb&b to charge, as outlined in these Terms, your Payment Method or Payout Method that you have linked to your misterb&b Account.

15.1.3. Any refunds or credits due to a Member pursuant to these Terms will be initiated and remitted by misterb&b. All refunds may be subject to these Terms, Travel Issue Policy and Force Majeure Policy. If a Guest or misterb&b decides for any reason to cancel a confirmed booking pursuant to these Terms, Travel Issue Policy and Force Majeure Policy, you agree that misterb&b will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Terms. As a Host, you agree that in the event you have already been paid, misterb&b will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you. 

15.1.4. misterb&b will process payments either directly or indirectly, by working with various third-party payment processors (“Third-Party Payment Processors”) or via one of the payment methods described on the Site or Application (such as gift cards).

15.1.5. misterb&b may charge fees for use of certain Services related to payments and payouts and any applicable fees will be disclosed to you via the misterb&b Platform before you make or accept payments when using such Services.

15.1.6. In case there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to the collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

15.1.7. In the event misterb&b has any doubt about a payment being fraudulent, misterb&b will hold all related Booking Fees paid by the Guest until such times misterb&b ensures such payment is non-fraudulent. To this end, misterb&b may require any necessary documents to verify the payment, including, without limitation, identification documents of the holder of the bank/credit card used to make the payment or proof of residence from the Host. If misterb&b confirms the payment is non-fraudulent, misterb&b will process the payout of all Booking Fees to the Host. Otherwise misterb&b will refund all Booking Fees to the Guest’s credit card (which may take up to four (4) weeks).

15.1.8. misterb&b will take steps, directly or indirectly (via third-parties such as your bank) to rectify any payment processing errors that misterb&b becomes aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method or Payout Method used for the original Payment by or Payout to you, so you end up receiving or paying the correct amount. You agree that in the event you have already been paid, misterb&b will be entitled to recover the amount of any payment errors, including by subtracting such amount out from any future Payouts due to you. misterb&b will use reasonable measures to try to correct any payment processing errors that misterb&b becomes aware of after you report an error in writing to us.

15.1.9. If misterb&b cannot pay funds due to you (such as Payout or any refund) during the relevant period of time set forth by the appropriate local authority in its unclaimed property laws, misterb&b may process the funds due to you in accordance with its legal obligations, including by submitting such funds to the appropriate local authority as required by local law.

 

15.2.  Payment Methods and Payout Methods

 

15.2.1. You must link to your misterb&b Account a Payment Method or Payout Method in order for misterb&b to, respectively, collect from or remit payment to you. When you do so, you will be asked to provide customary billing and/or banking information, such as name on the account, billing address and credit card or bank account information either to misterb&b or its Third-Party Payment Processor(s).

15.2.2. When you add or use a new Payment method, misterb&b may verify the Payment Method by (i) authenticate your account via a third-party payment services provider, or (ii) pre-authorizing a nominal amount. In such cases, misterb&b will release the hold once the verification terminated. For further verification, misterb&b may also require you to upload a billing statement. You authorize misterb&b to perform these verifications on your Payment Method and Payout Method.

15.2.3. You must provide accurate, current, and complete information when adding a Payment Method or Payout Method. You must keep your Payment Method and Payout Method up-to-date at all times. You understand that misterb&b is not responsible for any funds transaction failure or loss due to incorrect Payment Method or Payout Method information provided by you.

15.2.4. You understand applicable third-party payment services providers associated with your Payment Method or Payout Method may (i) charge you additional fees when misterb&b processes payments from you or to you, and (ii) impose delays on your payment. misterb&b is not responsible for any such fees and/or delays and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions, and privacy policies, imposed by the applicable third-party payment services providers, that you should review before linking your Payment Method or Payout Method to your misterb&b Account.

 

15.3. Third-Party Payment Processors

 

15.3.1. misterb&b, through Pinklab360 (misterb&b Europe), works with one or various Third-Party Payment Processor(s) to enable Hosts to accept payments from Guests.

15.3.2. You understand and agree misterb&b is not responsible for (i) the ability of Third-Party Payment Processors to make their payment services it provides available at any times, (ii) any delays in the provision of payment services by Third-Party Payment Processors, and (ii) the damageable acts and omissions of Third-Party Payment Processor in providing payment services to you.

15.3.3. misterb&b’s payment services may incorporate or link to Third-Party Payment Processors websites or resources. Such website or resources are subject to different terms and conditions and privacy policies and Members should review them independently. You understand misterb&b is neither responsible nor liable for the availability or accuracy of such websites or resources.

15.3.4. Your access to or use of certain payment services provided by Third-Party Payment Processors may be subject to, or require you to accept, additional terms and conditions and privacy policies. If there is a conflict between these Terms and applicable terms and conditions of a Third-Party Payment Processor, the latter terms and conditions will take precedence with respect to your use of or access to the payment services, unless specified otherwise.

15.3.5. Payment services for the collection of payments by Guests (at the exception of transactions described below in section 15.3.6), and a majority of the payment services for the Payouts to Hosts, are currently provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the present Terms or continuing to use the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of misterb&b enabling payment services through Stripe, you agree to provide misterb&b accurate and complete information about you and/or your business, and you authorize misterb&b, as applicable, to share with Stripe this information and transaction-related information associated to your use of the payment services provided by Stripe.

15.3.6. In the case of both Guests and Hosts having their respective residencies in one of the following countries: Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, French overseas territory, Greece, Hungary, Iceland, Lithuania, Latvia, Liechtenstein, Malta, Monaco, Poland, Romania, Slovenia, Slovakia, and when the booking payment is made to Hosts via wire transfers, payment services are currently provided by Adyen and are subject to the provisions of the Adyen Terms and Conditions. By agreeing to the present Terms or continuing to use the Services, you agree to be bound by the Adyen terms and Conditions, as the same may be modified by Adyen from time to time. As a condition of misterb&b enabling payment services through Adyen, you agree to provide misterb&b accurate and complete information about you and/or your business, and you authorize misterb&b, as applicable, to share with Adyen this information and transaction-related information associated to your use of the payment services provided by Adyen.

 

16. Rounding Off

 

16.1. misterb&b may, in its sole discretion, (i) round up any amounts that are payable from, and (ii) round down any amounts that are payable to Members, to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest currency supported by the misterb&b Platform).

16.2. Some currencies are denominated in large numbers. In those cases, misterb&b may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency.

 

17. Foreign Currency and Conversion

 

17.1. misterb&b’s online platform facilitates bookings between Members 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 misterb&b 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.

17.2. Each foreign currency conversion is processed at a foreign currency conversion rate for the amount of one (1) currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time.

17.3. misterb&b will process a foreign currency conversion in certain situations as determined by misterb&b. misterb&b will do so by using a system-wide rate 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 misterb&b (“Base Exchange Rate”). misterb&b (i) establishes the Base Exchange Rate using data from one or more third-parties such as ECB (ecb.europa.eu), and (ii) updates the Base Exchange Rate on a regular basis, but not on a real-time basis. Accordingly, you understand 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.

17.4. misterb&b may also use an adjusted exchange rate by adding to this Base Exchange Rate a mark-up that represents a charge imposed by misterb&b for its holding costs and foreign currency risks (“Adjusted Exchange Rate”). When you as a Guest submit a booking request for a Listing, you may be able to view the Actual Exchange Rate used to calculate your Payment. Where the Adjusted Exchange Rate is applied, you may be able to view the mark-up included. The Actual Exchange Rate (and any mark-up included in such rate) will also be stated in the billing receipt for your booking.

17.5. Please note that misterb&b may impose or deduct foreign currency processing costs on or from any payments or payouts by misterb&b in currencies other than U.S. dollars (“USD”) and euros (“EUR”). More information on any such costs or deductions will be available via the misterb&b Platform.

17.6. Please note that third-party payment services providers (such as your credit or bank card issuers) will use a currency conversion rate for and may impose a currency conversion fee on your Payment or Payout, if your Payment or Payout Method is denominated in a currency that is different from the currency in which (i) a Guest has to pay for his or her booking or any other due amounts pursuant to these Terms, or (ii) a Host is paid for the booking of a Listing or any other due amounts pursuant to these Terms. All of these currency conversion rates and fees are not controlled by or known to misterb&b.  As a Host, you acknowledge and agree that third-party payment services providers and/or bank or wire transfer fees may be deducted from your Payouts.

 

18.  Taxes

 

18.1. As a Host, you understand and agree that you are solely responsible for knowing and complying with local tax regulations. In particular, you are responsible in determining your obligations to mention in your Listing, collect, report and/or remit to the appropriate local governmental agencies, departments or authorities (“Tax Authorities”) any applicable income taxes, value added taxes, sales taxes, Occupancy Taxes (as defined below) and/or any other applicable taxes (collectively “Taxes”). 

18.2. Tax regulations may require misterb&b (i) to collect appropriate Taxes-related information from users and share it to the appropriate Tax Authority (e.g. in the form of an official tax document to be filled by the Hosts), and/or (ii) withhold Taxes from Payouts to Hosts (such as the income tax). You are solely responsible for keeping the Taxes-related information current, complete and accurate. If you fail to provide misterb&b with Taxes-related information that misterb&b determines to be sufficient to alleviate its obligation, if any, to withhold payments to you (e.g. where you are a U.S. Host and you fail to provide misterb&b with a completed IRS Form W-9 when necessary), misterb&b reserves the right to freeze all payouts to you and/or withhold any amounts as required by law, until resolution.

18.3. You understand and acknowledge that the Tax Authority where your Rental Property is located may require you, as a Host, to collect taxes from your Guests for the right to use and/or occupy your Rental Property, and to remit such taxes to the appropriate Tax Authority. Such taxes may be locally referred to as “occupancy taxes”, “hotel taxes”, “lodging taxes”, “transient taxes”, “sales and use taxes”, “value added taxes”, “room taxes”, “tourist taxes” or other titles ("Occupancy Taxes"). The laws in jurisdictions may vary, but Occupancy Taxes are generally required to be collected and remitted as a percentage of the rent paid by the Guest, a set amount per Guest and per day, or other variations.

18.4. In certain jurisdictions, the Tax Authority may assert Hosts or misterb&b have an obligation to collect and/or remit Taxes. If so, misterb&b may decide, in its sole discretion, to facilitate collection and/or remittance of Taxes from Guests on behalf of and in-lieu of Hosts. When misterb&b facilitates collection and/or remittance of Taxes in a jurisdiction for the first time, misterb&b will provide notice to existing Hosts with Listings in such jurisdictions. The amount of Taxes collected and/or remitted through facilitation by misterb&b, if any, will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. In any jurisdiction where misterb&b facilitates collection and/or remittance of Taxes on behalf of and in-lieu of Hosts, such Hosts are not permitted to also collect, and consequently remit, such taxes from their Guests.

18.5. In any jurisdiction in which misterb&b decides to facilitate collection and/or remittance of Taxes, whether you are a Guest or Host, you hereby authorize, instruct and mandate misterb&b to collect Taxes from Guests on behalf of and in lieu of Hosts at the time Booking Fees are collected, and to remit such Taxes to the appropriate Tax Authority.

18.6. For any jurisdiction in which misterb&b facilitates collection and/or remittance of Taxes, Hosts and Guests expressly grant misterb&b permission to transfer data and other information relating to Taxes collected and/or remitted, if any, to the appropriate Tax Authority.

18.7. You agree that misterb&b may seek additional amounts in the event that such Taxes collected and/or remitted are insufficient to fully discharge your obligations and/or misterb&b’s obligations to the Tax Authority.

18.8. If you benefit from an exemption from Taxes collected by misterb&b, if any, you may contact misterb&b Customer Support and provide sufficient evidences of such Taxes exemptions benefit before your booking payment. You agree that your sole remedy for Taxes unduly remitted by misterb&b to the appropriate Tax Authority is a refund of the undue Taxes amount from the appropriate Tax Authority, in accordance with applicable procedures set by this Tax Authority.

 

19. Content, misterb&b Content and Member Content

 

19.1. misterb&b may, in its sole discretion, permit you to submit, upload, publish, or otherwise make available on and through the misterb&b Platform, textual, audio and/or visual or other content and information (“Member Content”). misterb&b may, in its sole discretion, enable Members to access and view Member Content and any content that misterb&b itself makes available on or through the misterb&b Platform, including proprietary misterb&b content and any content licensed or authorized for use by or through misterb&b from a third-party (“misterb&b Content”). Member Content and misterb&b Content are collectively referred as to “Content”.

19.2. The misterb&b Platform and the Content may be protected, in its entirety or in part, by copyright, trademark, and/or other laws of the United States and foreign countries. You acknowledge and agree that the misterb&b Platform and misterb&b Content, including all associated intellectual property rights, are the exclusive property of misterb&b 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 misterb&b Platform or Content. All trademarks, service marks, logos, trade names and any other proprietary designations of misterb&b used on or in connection with the misterb&b Platform and misterb&b Content are trademarks or registered trademarks of misterb&b. Any other trademarks, service marks, logos, trade names and any other proprietary designations used on or in connection with the misterb&b Platform and/or Content are the trademarks or registered trademarks of their respective owners.

19.3. Subject to your compliance with these Terms, misterb&b grants you a limited non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and install a copy of the Application on a single mobile device or computer that you own or control and (ii) run this copy of the Application solely for your own personal use. misterb&b reserves all rights in the Application not expressly granted to you by these Terms. If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

19.4. Subject to your compliance with the terms and conditions of these Terms, misterb&b grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and view any misterb&b 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 “Content, misterb&b Content and Member Content”.

19.5.  Any Member Content provided by you remains your property. However, by providing or otherwise making available any Member Content on or through the misterb&b Platform, you hereby grant misterb&b a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Member Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services, misterb&b's business and on third-party’s websites, application and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

19.6. All images, materials and content created by the misterb&b professional photographs whom misterb&b may make available to you, including Verified Photos, constitute misterb&b Content owned by misterb&b. Accordingly, you acknowledge and agree that misterb&b shall have the right to use, reproduce and distribute any Verified Photos in any manner for advertising, marketing and/or any other business purposes in any media and any manner now or hereinafter created, whether in relation to your Listing or otherwise, without further notice or compensation to you.

19.7. You represent and warrant that (i) you either are the sole and exclusive owner of all Member Content that you make available through the misterb&b Platform or you have all rights, licenses, consents and releases necessary to grant misterb&b the license to such Member Content as set forth above; and (ii) neither your Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content, nor misterb&b’s use of your Member Content will infringe, misappropriate or violate any third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

19.8. 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 misterb&b Platform or 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 misterb&b or its licensors, except for the licenses and rights expressly granted in these Terms. 

19.9. misterb&b undertakes to remove any clearly illegal Member Content for which it becomes aware of. If you are a European Union resident, you can notify misterb&b of the presence of any clearly illegal Member Content on the misterb&b Platform, at any misterb&b’s offices address indicated in the introduction of these Terms or by contacting the misterb&b Customer Support, by indicating the following: (i) the notification date; (ii) your name, occupation, residence, nationality, date and place of birth; if you represent a company, the form, name, registered office and legal representative of this company; (iii) the description of the allegedly illegal Content and its precise location on the Site or the Application, (iv) the reasons for which the allegedly illegal Member Content should be removed, including the reference to legal provisions or evidence of facts; and (v) a copy of the correspondence to the author or publisher of the allegedly illegal Member Content asking for their withdrawal or modification, or the justification for what the author or the publisher could not be contacted.

 

20.  Copyright and Trademark Infringements

 

20.1. misterb&b respects the intellectual property rights of others, and misterb&b requires you to do the same when interfacing with the Site and/or Application. misterb&b may, in appropriate circumstances and at its sole discretion, disable or terminate service and/or access to the Site and/or Application for users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

20.2. In accordance with the Digital Millennium Copyright Act of 1998, misterb&b will respond expeditiously to claims of copyright infringement committed using the Site or the Application that are reported to misterb&b’s Designated Copyright Agent.

20.3. If you are the intellectual property rights owner or the owner's authorized agent, and you believe that your work is the subject of copyright infringement and/or trademark infringement taking place on or through the Site or Application, please deliver to misterb&b’s Designated Copyright Agent a DMCA notice of alleged infringement (“Notice”) providing the following information:

(i)              Identification of the copyrighted and/or trademarked work you claim to have been infringed, or, if multiple copyrighted works are covered by a single notice, a full list of such works that you claim have been infringed;

(ii)            Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site and/or Application, and information reasonably sufficient to permit misterb&b to locate the material;

(iii)           Information sufficient to permit misterb&b to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(iv)           A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law;

(v)             A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of an exclusive right under the copyright that is allegedly infringed; and

(vi)           A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

20.4. Deliver this Notice with all required information completed, to misterb&b’s Designated Copyright Agent by mail or email:

misterb&b, 
Attn: DMCA Administrator, 
584, Castro Street, 
San Francisco, CA 94114, email: dmca@misterbandb.com

20.5. Upon receipt of the Notice as described above, misterb&b will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

21. User Conducts

 

21.1. 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 access and use of the misterb&b Platform. In connection with your access and use of the misterb&b Platform, you will not and you agree that you will not advocate, encourage, or assist any third-party to (i) violate any local, state, provincial, national, or other law or regulation, or any order of a court and any agreement with any third-parties; (ii) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, or (iii) export, re-export, import, or transfer the Application to your  except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws.

21.2. In connection with your access and use of the misterb&b Platform, you will not and you agree that you will not advocate, encourage, or assist any third-party to:

    - Breach these Terms and Policies included herein by reference;

    - Submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;

    - Offer as a Host any Rental Property that you do not yourself own or have permission to make available to be leased or subleased, through the misterb&b Platform, pursuant to any applicable law or the terms and conditions of an agreement with a third-party, including, without limitation, a property rental agreement;

    - Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

    - Unless misterb&b explicitly permits otherwise, book any Listing if you will not actually be using the services you booked yourself;

    - Contact any Member for any purpose other than asking a question related to a booking, Listing Rental Properties, Experiences or the Member’ use of the misterb&b Platform;

   - Recruit or otherwise solicit any Member to join third-party’s websites, applications or services without misterb&b’s prior written approval;

    - Use the misterb&b Platform for any commercial or other purposes that are not expressly permitted by these Terms;

   - Use the misterb&b Platform to find a Host or a Guest and then complete a booking of a Rental independent of the misterb&b Platform, in order to circumvent the obligation to pay any Service Fees or for any other reason;

    - Request, accept or make any payment for Booking Fees and Security Deposit outside of the misterb&b Platform. 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 payments, and (iii) hold misterb&b harmless from any liability for such payments;

  - Use the misterb&b Platform or Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a Rental Property or participating in an Experience;

   - Copy, store or otherwise access any information contained on the misterb&b Platform, including without limitation, personally identifiable information about any other Member, in any way that inconsistent with these Terms, the misterb&b Privacy Policy or that otherwise violates the privacy rights of any other person;

   - Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by misterb&b or any of misterb&b’s providers or any other third-party (including another user) to protect the misterb&b Platform and/or personal data of any other users;

   - Use, display, mirror or frame the misterb&b Platform or Content, or any individual element within the misterb&b Platform, misterb&b’s name, any misterb&b trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the misterb&b Platform, without misterb&b’s express written consent;

    - Dilute, tarnish or otherwise harm the misterb&b brand in any way, including through unauthorized use of Content, registering and/or using misterb&b or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to misterb&b domains, trademarks, taglines, promotional campaigns or Content;

   - Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the misterb&b Platform and Content;

    - Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the misterb&b Platform;

    - Access, tamper with, or use non-public areas of the misterb&b Platform, misterb&b’s computer systems, or the technical delivery systems of misterb&b’s providers;

   - Reproduce or circumvent the navigational structure or presentation of the Site and Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or Application;

    - Probe, scan or test the vulnerability of the misterb&b Platform or any network connected to the Site or Application, nor breach the security or authentication measures on the misterb&b Platform or any network connected to the misterb&b Platform; or

    - Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the misterb&b Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

21.3. In connection with your access and use of the misterb&b Platform, you will not, and you agree that you will not advocate, encourage, or assist any third-party to (i) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or (ii) otherwise engage in any violent, harmful, abusive or disruptive behavior. The terms and conditions of the misterb&b Anti-Discrimination Policy are incorporated by reference into these Terms.

21.4. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the misterb&b Platform. In connection with your access and use of the misterb&b platform, you agree that you will not post, upload, publish, submit or transmit any Member Content, including without limitation, any Travel Review (as defined below), that: (i) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vi) promotes illegal or harmful activities or substances. The terms and conditions of the misterb&b Content Policy are incorporated by reference into these Terms.

21.5. If you stay with or host anyone who you feel is acting or has acted inappropriately, including anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other illegal or disturbing conduct, you must immediately report such person to the appropriate authorities and then promptly (no later than twenty-four (24) hours after reporting to authorities) to misterb&b by contacting the misterb&b Customer Support with your police station and report number. You understand and agree that the provision of any police report will not obligate misterb&b to take any action beyond that required by law (if any) or cause misterb&b to incur any liability to you.

 

22. Travel Reviews, Guide Reviews, Ratings and References

 

22.1. General provisions about Travel Reviews, Guide Reviews, Ratings and References

 

22.1.1. Travel Reviews, Guide Reviews (reviews left on the pages of the misterb&b City Guide blog), Ratings and References (as defined below) are only intended to provide description about Members or venues in order for you to make any determination, such as evaluating with whom you enter in contact and transact. You understand such Travel Reviews, Guide Reviews, Ratings and References (i) are not an endorsement, certification or otherwise guarantee by misterb&b about any Member, including, without limitation, its identity, background or future conducts, (ii) neither do they represent the opinion of misterb&b. misterb&b therefore recommends that you always exercise due diligence and care when deciding to have any interactions with any other Member (such as booking a Listing or accepting a booking request). misterb&b is not responsible for any damage or harm resulting from your interactions with other Members.

22.1.2. As a provider of interactive services, misterb&b does not control the content, accuracy, suitability or legality of any Travel Reviews, Guide Reviews, Ratings or References (as defined below) on the misterb&b Platform.

22.1.3. The publication of Travel Reviews, Guide Reviews, Ratings or References on the misterb&b Platform is automatic and not subject to prior scrutiny by misterb&b. If you consider such materials to be inappropriate or illicit, you are free to (i) contact its author via the misterb&b Platform, (ii) report such materials via the dedicated reporting functionality on the misterb&b Platform or (iii) contact the misterb&b Customer Support. You understand that any of Travel Reviews, Guide Reviews, Ratings or References you post must respect these Terms and the misterb&b Content Policy.

 

22.2. Travel Reviews and Ratings

 

22.2.1. At the end of Guest’s stay at a Rental Property or participation in an Experience, both the appropriate Host and Guest have the option, not the obligation, (i) to post a review about their respective experiences regarding such stay or participation (“Travel Review”) and (ii) to grade such experiences (“Rating”).

22.2.2. You understand neither the author of a Travel Review nor misterb&b benefit from any compensation for the publication of the Travel Review.

22.2.3. Both the Guest and the Host can provide Travel Reviews and Ratings within twenty-one (21) days after the day of departure of the Guest from the Rental Property or Experience. The publication on the misterb&b Platform of the Travel Review and Ratings provided by one (1) of the parties will happen only when the other party provides so as well. Immediately after each of the two (2) parties have posted their Travel Reviews and Ratings within the provided time-frame, these Travel Reviews and Ratings are published. If only one (1) of the parties provides a Travel Review and Rating within the twenty-one (21) day time-frame, the provided Travel Review and Rating will be automatically published at the end of the applicable time-frame.

22.2.4. Travel Reviews are displayed via the Site and the Application in reverse chronological order (from the most recent to the oldest). You cannot modify a Travel Review after you provide it.

 

22.3. References

 

22.3.1. You can solicit and receive, at any time, a reference from a friend (“Reference”). References are statements about Members that appear publicly on their public profile pages.

22.3.2.    References can be submitted by users of SNS (as determined by misterb&b) that are your “friends” on such SNS, only after you solicit them to do so through the dedicated functionality on the misterb&b Platform. You decide alone and freely to publish or remove any References you received from SNS users.

22.3.3.    After receiving a Reference, you decide alone and freely to publish, or later remove, such Reference from your public profile page. References may also be surfaced elsewhere on the misterb&b Platform. 

22.3.4.    You understand References are different and not related to (i) Travel Reviews, which are posted on the misterb&b Platform after the completion of a booking, and (ii) the misterb&b Referral Program, which offers Travel Credits to Member by inviting new people to misterb&b.

 

23. misterb&b Travel Credits

 

23.1. misterb&b may issue to you credits toward future confirmed bookings made by Members via the misterb&b Platform (“Travel Credits”). Travel Credits may only be redeemed for confirmed bookings via the misterb&b Platform.

23.2. misterb&b Travel Credits are credit only and have no cash value nor can they be refunded or exchanged for cash.  

23.3. After you accrue misterb&b Travel Credits, such misterb&b Travel Credits will be automatically applied to your next confirmed booking made via the misterb&b Platform. You may only redeem Travel Credits after the Travel Credits are reflected in your misterb&b Account. The scope, variety, and type of Services and products that you may obtain by redeeming Travel Credits can change at any time.

23.4. Travel Credits expire one (1) year maximum from the date that any Travel Credits are last accrued in your misterb&b Account. Subject to applicable law, all Travel Credits are forfeited if your misterb&b Account is terminated or suspended for any reason, in misterb&b’s sole discretion, or if misterb&b discontinues providing the misterb&b Platform.

23.5. If for some reason you believe that there is a discrepancy regarding your balance of Travel Credits, please contact the misterb&b Customer Support. misterb&b may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at misterb&b’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of misterb&b Travel Credits. Where applicable, misterb&b may be required to account for VAT on any Services for which the misterb&b Travel Credits are redeemed.

 

24. Termination of misterb&b Account and other measures

 

24.1. You may terminate these Terms at any time by deleting your misterb&b Account. You can cancel your misterb&b account via the deletion feature present on your misterb&b Account, or by contacting the misterb&b Customer Support. By deleting your misterb&b Account, you, as a Host, understand such an action will automatically cancel any confirmed booking(s) and the appropriate Guest(s) will receive a full refund. By deleting your misterb&b Account, you, as a Guest, understand that such an action will automatically cancel any confirmed booking(s) and any refund will be processed under the appropriate Cancellation Policy selected by the Host.

24.2. misterb&b may immediately, without prior notice, delete your misterb&b Account (i) when such action is deemed necessary for misterb&b to comply with any legal requirements; (ii) if you have clearly, seriously, or repeatedly violated these Terms, any other misterb&b policies, any applicable laws or third-party rights; or (iii) if misterb&b believes in good faith that such an action is reasonably necessary for any other reasons, including, without limitation to avoid significant harm to misterb&b, other Members or third parties.

24.3. If you have (i) clearly, seriously or repeatedly violated these Terms, any other misterb&b policies, or violated any applicable laws or third-party rights, or (ii) repeatedly received poor Ratings or Travel Reviews; or if misterb&b (i) needs to comply with any legal requirements, (ii) receives complaints and evidences of your conduct, or (iii) believes in good faith that such an action is reasonably necessary to prevent illegal activity and/or significant harm to misterb&b, other Members or third-parties; then misterb&b, in its sole discretion, may take the following measures, with or without prior notice or explanation to you:

-      The temporary or permanent suspension of your misterb&b Account, meaning your misterb&b Account will not be deleted but your access to will be blocked;

-       The temporary or permanent limitation of your access and use of the misterb&b Platform;

-       The cancellation of any of your requested or accepted bookings; and/or

-       The temporary or permanent removal, of all and/or any of your Member Content, or the refusal to remove any Member Content.

24.4. If misterb&b takes any of the measures detailed in this section “Termination of misterb&b Account and other measures”, you agree that (i) misterb&b may refund your Guest(s) in full for any and all confirmed bookings that have been cancelled, without regard to any Cancellation Policy you selected, (ii) you will not be entitled to any compensation for the confirmed bookings that were cancelled and (iii) you will not create a new misterb&b Account or use the misterb&b Account of another Member to circumvent misterb&b’s decision to implement such measures.

 

25. Disclaimers

If you use the misterb&b Platform and the Content, you do so at your sole risk. The misterb&b Platform and the Content and are provided “as is”, without warranty of any kind, either express or implied. misterb&b explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. misterb&b makes no warranty regarding the quality of any Listings, Rental Properties, Experiences or the accuracy, timeliness, truthfulness, completeness or reliability of any materials obtained through the misterb&b Platform. misterb&b makes no warranty that the misterb&b Platform will meet your requirements or expectations, or be available on an uninterrupted, secure, or error-free basis. 

You assume the risk of staying at a Rental Property and using any of the facilities or objects you find in a Rental Property. misterb&b disclaims all liability for any accidents, including, without limitation, lifelong injuries, drownings and deaths, at a Rental Property. You agree that the Experiences listed by Hosts may carry inherent risk, and you freely and voluntarily choose to assume those risks by participating in these Experiences. Some Experiences by Hosts may carry, without limitations, property damage, risk of illness, bodily injury, disability or death. You assume full responsibility for the choice you make before, during and after your participation in an Experience.

Any actual or potential agreement or transaction between Members, including a Guest and a Host, including the quality, condition, safety or legality of the Rental Properties and the Experiences, and the truth or accuracy of the Listings, Travel Reviews and Ratings (including the content thereof or any review relating to any Rental Property or Experience), the ability of Members to rent a Rental Property or propose an activity or a service as an Experience, or the ability of Members to contract for Rental Properties or Experiences, are solely the responsibility of each Member and not the responsibility of misterb&b. 

misterb&b makes no representations or warranties as to the conduct of users of the misterb&b Platform or their compatibility with any current or future users of the misterb&b Platform. misterb&b has no control over the conduct of Hosts, Guests and other users of the misterb&b Platform and explicitly disclaims all liability for any acts or omissions of any Hosts, Guests or other third-parties, including, without limitation, for sexual or other assault, moral or physical harassment, discrimination and/or physical aggression. You acknowledge and agree that misterb&b is not obligated to conduct identity verification or background checks on any Member, but may conduct such background checks in its sole discretion. If misterb&b chooses to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, misterb&b disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. 

You solely are responsible, and agree to take reasonable precautions, for all of your communications and interactions with other Members and with other persons with whom you communicate or interact as a result of your use of the misterb&b Platform, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by misterb&b or not. You understand that misterb&b does not make any attempt to verify the statements of Members or any other users of the misterb&b Platform, or to review or visit any Rental Properties, any Experiences or any businesses or places reviewed by a Member.

You acknowledge and agree that you, as a Host, 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 Rental Property at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Rental Property, if applicable).   

You agree that you have had whatever opportunity you deem necessary to investigate the misterb&b Services, laws, rules, or regulations that may be applicable to your Listings and/or the services you are offering as a Host or that you book as a Guest. You agree you are not relying upon any statement of law or fact made by misterb&b relating to a Listing. No advice or information, whether oral or written, obtained from misterb&b or through the misterb&b Platform, will create any warranty not expressly made herein.

By using the misterb&b Platform, 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 misterb&b with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the misterb&b Platform regarding any Travel Reviews, Bookings or Listings posted or made by you. This limitation shall not apply to any claim by a Host against misterb&b regarding the remittance of payments received from a Guest by misterb&b on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “limitation of liability”.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

 

26. Limitation of liability

 

26.1. Unless your country of residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the misterb&b Platform, Content, your publishing or booking of any Listing via the misterb&b Platform, your stay at a Rental Property, your participation in an Experience, or any contact you have with other Members whether in person or online remains with you. Neither misterb&b nor any other party involved in creating, producing, or delivering the misterb&b Platform or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these (i) Terms, (ii) from the use of or inability to use the misterb&b Platform or Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate or interact as a result of your use of the misterb&b Platform or Content, or (iv) from your listing or booking of any Rental Properties or Experience via the misterb&b Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not misterb&b has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will misterb&b’s aggregate liability arising out of or in connection with these Terms and your use of the misterb&b Platform and Content including, but not limited to, from any Travel Reviews, Listings or booking of any Rental Properties or Experiences via the misterb&b Platform, or from the use of or inability to use the misterb&b Platform or Content and in connection with any Rental Properties or Experiences, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the misterb&b Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by misterb&b to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (USD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between misterb&b and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

26.2. If your Country of Residence is in the EU, misterb&b is liable under statutory provisions for assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health by misterb&b, its legal representatives, directors, or other vicarious agents. misterb&b is liable for any negligent breaches of essential contractual obligations by misterb&b, its legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of misterb&b in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of misterb&b is excluded.

 

27. Indemnification 

 

You agree to indemnify, defend and hold SFO84, Inc. and its affiliates and subsidiaries, including, but not limited to, Pinklab360, and their officers, directors, employees and agents, harmless from and against any and all costs, claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your violation of these Terms or Policies, (ii) your access to or use of the misterb&b Platform and Content, or by any person using your user name and/or password ; (iii) your Member Content or reliance on Content; (iv) your (a) interaction with or disputes with any Member, (b) booking of a Rental Property or Experience, or (c) creation of a Listing; (v) the use, condition or rental of a Rental Property by you, including but not limited to any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Rental Property; or (vi) the condition or the participation in an Experience by you, including but not limited to any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) or any kind arising in connection with or as a result of a provision of, booking of or participation in an Experience. 

 

28. Dispute Resolution and Binding Arbitration Provision

 

28.1. This Dispute Resolution and Binding Arbitration Provision shall apply if (i) you are a resident of the United States of America; or (ii) you are not resident of the United States but bring any claim against misterb&b in the United States of America (to the extent not in conflict with the section “Applicable law and jurisdiction” below). 

28.2. Definition. As used in this Dispute Resolution and Binding Arbitration Provision, the term “misterb&b” refers to SFO84, Inc., including its subsidiaries and agents. The terms “you” and “your” refer to you as an individual and any legal entity you control, work for, or represent when you access or use the misterb&b Platform. The term “Claims” means all claims, disputes, or controversies between you and misterb&b of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the misterb&b. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Dispute Resolution and Binding Arbitration Provision.

28.3. Informal Efforts to Resolve Dispute. If a dispute arises between you and misterb&b, you should first attempt to resolve it by contacting the misterb&b Customer Support by email or by sending the details of your complaint, including your contact information for a response, to the SFO84, Inc. address as listed in the introduction of these Terms. misterb&b will attempt in good faith to resolve all Claims submitted this way in a timely manner after being notified of such Claims. 

28.4. Agreement to Arbitrate. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and these Terms as a court would. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.

28.5.  Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION, YOU MUST NOTIFY Misterb&b IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS BY MAILING OR FAXING AN OPT-OUT REQUEST TO THE Misterb&b CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH Misterb&b, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH Misterb&b THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH Misterb&b OR THE DELIVERY OF SITE, APPLICATION AND/OR SERVICES TO YOU BY Misterb&b. IF YOU HAVE PREVIOUSLY NOTIFIED Misterb&b OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

28.6. Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the rules of the JAMS (“JAMS”), which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the U.S. Federal Rules of Civil Procedure, misterb&b agrees to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration. 

28.7. Arbitration Rules. The arbitration will be conducted by the JAMS under its rules if you are a resident of the United States; if your use of the Site, Application and/or Services has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply. If you are a resident of a country other than the United States or a Member State of the European Union, the arbitration will be conducted by the JAMS in San Francisco, California, under its rules for international arbitration, and you and misterb&b agree to submit to the personal jurisdiction of the U.S. federal court in San Francisco, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. If you are a resident of a country within the European Union, the arbitration will be conducted by the JAMS in Paris, France, under its rules for international arbitration, and you and misterb&b agree to submit to the personal jurisdiction of the courts in Paris, France in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Dispute Resolution and Binding Arbitration Provision, this Dispute Resolution and Binding Arbitration Provision shall govern and control. The arbitration will be conducted in the English language by a single arbitrator who is a licensed trial attorney or licensed trial lawyer with at least fifteen (15) years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators. If you and misterb&b cannot agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available at https://www.jamsadr.com, or by calling the toll free number: 1-800-352-5267 from inside the United States or +44 207 583 9808 from outside the United States.

28.8. Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at https://www.jamsadr.com.

28.9.  Time restriction. YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE. 

28.10. Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Dispute Resolution and Binding Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you. The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). The confidentiality provisions of these Terms will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS rules or the Federal Arbitration Act.

28.11. Recovery and Attorneys’ Fees</em. If the arbitrator rules in your favor on the merits of any Claim you bring against misterb&b and issues you an award that is greater in monetary value than the last written settlement offer made by misterb&b to you before written submissions are made to the arbitrator, then misterb&b will (i) pay you one hundred and fifty percent (150%) of your arbitration damages award, up to one thousand U.S. dollars (USD$1,000)  over and above your damages award; and (ii) pay your reasonable attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Site, Application and/or Services was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and misterb&b waives any right it may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between us.

28.12. Confidentiality. You and misterb&b shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Dispute Resolution and Binding Arbitration Provision and, with the exception of disclosure to your or misterb&b’s attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

28.13. Continuing Obligation to Arbitrate; Severability. This Dispute Resolution and Binding Arbitration Provision shall survive termination of your access to or use of any Site, Application and/or Services and these Terms. If any portion of this Dispute Resolution and Binding Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Dispute Resolution and Binding Arbitration Provision.

misterb&b Customer Support contact:

SFO84, Inc., d.b.a. misterb&b
ATTN: LEGAL/ARBITRATION
584 Castro Street
94114 San Francisco, CA, USA
https://misterbandb.zendesk.com/hc/fr

 

29. Feedback

 

misterb&b encourages you to provide any feedbacks, suggestions and ideas (“Feedbacks”) to improve the misterb&b Platform by any means of communication. You understand that Feedbacks will be considered non-confidential and non-proprietary to you. By providing Feedback to misterb&b, you irrevocably and perpetually grant misterb&b a non-exclusive, worldwide, sub-licensable, royalty-free license to use and publish those ideas and materials for any purpose, without compensation to you.

 

30. Applicable Law and Jurisdiction

 

30.1. If you are resident of the United States, these Terms are governed by the substantive and procedural laws of the State of California and United States federal law, without regard to its conflicts of law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Dispute Resolution and Binding Arbitration Provision must be brought before state or federal court in San Francisco, California, unless you and misterb&b both agree to some other location. You and misterb&b both consent to venue and personal jurisdiction in San Francisco, California.

30.2. If you are a consumer and habitually reside in a Member State of the European Union, you agree that French law will govern these Terms and any dispute arising out of these Terms will be brought before a competent court of such Member State. In all other cases, meaning if you are acting as a business or if you are not a resident of the European Union and the United States, you agree that French law will govern these Terms and any dispute arising out of these Terms will be brought before French courts.

30.3. Before bringing any dispute against Pinklab360 to court, you, as a user, shall use free mediation with a consumption mediator before any trial. For this, you must write a complaint to Pinklab360, prerequisite to the admissibility of the request for mediation. Failing amicable agreement, the dispute will be brought before the competent jurisdiction as outlined above. Mediator contact information is available on the website http://www.mtv.travel/.

 

31. Terms modifications

 

31.1. misterb&b reserves the right to modify these Terms at any time in accordance with this provision. If misterb&b modifies these Terms, misterb&b will post the modified Terms on the Site and Application and change accordingly the date of update at the beginning of these Terms. misterb&b will notify you the modification by email at least thirty (30) days before the date they become effective.

31.2. If you disagree with the modified Terms, you may terminate these Terms with immediate effect. misterb&b will inform you about your right to terminate these Terms in the email notifying the Terms modifications. In the absence of termination of the modified Terms before the date they become effective, your continued access to and use of the misterb&b Platform will indicate that you agree to be bound by the modified Terms.

 

32. Miscellaneous

 

32.1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between misterb&b and you regarding the access to and use of the misterb&b Platform. These Terms supersede any and all prior oral or written understandings or agreements between misterb&b and you in relation to your access to and use of the misterb&b Platform. 

32.2. The failure of misterb&b to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of misterb&b.

32.3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties to these Terms. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

32.4. By using the misterb&b Platform, your relationship with misterb&b is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of misterb&b for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of misterb&b. As a Host, misterb&b does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically. You acknowledge and agree that you have complete discretion whether to list your services a Host or otherwise engage in other business or employment activities.

32.5. If for any reason, any provision of these Terms are held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

32.6. You may not assign, transfer or delegate these Terms, by operation of law or otherwise, without misterb&b’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. misterb&b may assign, transfer or delegate these Terms, at its sole discretion, without restriction.

32.7. Unless specified otherwise, any notices or other communications permitted or required under these Terms will be provided by misterb&b electronically via writing and given by misterb&b (i) via email (in each case to the last electronic address that you provided on your misterb&b Account) or (ii) by posting on the Site or on the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

32.8. misterb&b is not affiliated, endorsed, or otherwise associated with Airbnb.

32.9. If the Host indicates that they will donate a portion of the funds they receive from confirmed bookings made via the misterb&b Platform, the Host is solely responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising for a particular cause or charity. misterb&b is not responsible or liable for whether the Host does in fact make the donation he or she pledged to make.