- This website and mobile app of Airenvy.com (collectively “the Site”) allow its members and users to book unique private accommodation with other members with certain additional services and features.
- The Site is operated by Airenvy Inc (“we” or “us”). Please note that the Site may be used by third party agencies and companies as a booking platform in the event that you are using the site through any such third party then for the avoidance of doubt we accept no liability or responsibility for use of the Site other than as set out in these terms.
- These terms will apply to Airenvy club members or those who simply view the Site (“you”). These terms do not contain the rules of the Airenvy club or terms which may apply to the use of services in association with the Airenvy club which are set out separately.
- Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.
- Registration with the Site is currently free, however we reserve the right to levy registration fees in the future. In order to become a registered user you will have to provide some basic personal information. Certain services and functionality will only be available to registered users or registered members.
- You agree that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.
- You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.
- You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site.
Use and Abuse of the Site
- You must be 18 or over to use the Site.
- Any information published on the message boards or other public areas of the Site by you will be your personal responsibility. You will be personally liable for claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your content.
- You may not publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Site we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the site and terminating your membership.
- We also reserve the right at our discretion to remove any content from the site, terminate your registration or membership and restrict your access to our services at any time for any reason.
- We grant you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
- In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.
Advertising and Commercial Use
- Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent.
- You are not entitled to resell or commercially exploit the Site’s contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.
- In the event that you are found by us to have been sending unsolicited e-mail to our users in contravention of the Privacy and Electronic Communications Regulations 2003 having taken their address from our Site then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.
- We will operate the Site with the reasonable skill and care of an online service provider. All other warranties and representations are, to the fullest extent permissible by law, excluded.
- YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE NOR OUR PARENT OR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “Airenvy PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, BOOKING OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE Airenvy PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT WILL WE, THE Airenvy PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR THE Airenvy PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE Airenvy PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED POUNDS (£100).
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, our liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
- From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms.
- We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise.
- Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.
Cancellation and Termination
- On receipt of an email by you to us cancelling your registration then we will terminate your registration within 30 days.
- We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these terms.
- All of the information contained in your profile or posted by you to the public areas of the Site may be lost for good once your membership or registration has been terminated (for whatever reason) and we will not be liable to you for any loss of information. However we do not guarantee that any information posted by you will be deleted from the Site on termination of your registration or membership.
- We request that all information included in your registration or member profile is accurate, current and complete.
- All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
- The Site may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Site.
- The format and content of this Site is protected by United States and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site.
- By displaying user-generated content on this site you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content) for the avoidance of doubt we are permitted to use any user-generated content for any of our other business purposes, even following termination of your registration or membership.
- We do not screen user-generated content (including content relating to available properties which may be posted by our Hosts) or information on the Site and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
- This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.
- These conditions are governed by and construed in accordance with the laws of the United States. You agree, as we do, to submit to the non-exclusive jurisdiction of the United States courts.
- If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
- We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
- We may make changes to the format of the Site, services provided or to the Site’s content at any time without notice.
If you are a user of the Site located in the United States, please note the following additional terms and conditions which shall apply to your use of the Website.
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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 owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is: Airenvy DMCA Complaint: San Francisco CA 94123; email: [email protected] Only DMCA notices should go to the Copyright Agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements of this Section (F), your DMCA notice may not be valid.
Pursuant to 47 U.S.C. Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
This Agreement is entered into between you (the “Client”) and Airenvy Inc., a Delaware corporation (“Manager”), to manage the property indicated by you (the “Premises”).
1. Duties of Manager.Client hereby appoints Manager as its exclusive agent with the following duties:
b. Collection of rents and other receipts. Manager shall collect all monies, charges, and other amounts receivable on Client’s account in connection with the management and operation of the Premises, including but not limited to rent. Manager shall maintain a deposit of all amounts collected in an account insured by the FDIC. Manager shall keep a detailed accounting for each client.
c. Guest communication. Manager shall receive and attempt to respond to or resolve questions or complaints from guests, consistent with this Agreement.
d. Bookkeeping. Manager shall keep accurate, complete, and separate books and records with regards to the Client. These books and records shall show all income and expenditures, accounts payable, accounts receivable, cash, and any other assets or liabilities associated with the management of the Premises.
e. Monthly reports. Clients may login to the online dashboard to review reports for each guest’s stay to review income, expenses, and fees related to each. From time to time, Manager may also, in its discretion, send monthly automated updates if there was activity related to the Premises in the prior monthly period.
f. Remittance to Client. As soon as practicable after receiving immediately available funds from guests and determining foreseeable liabilities, Manager shall remit to Client the net profit, less Manager's compensation under this Agreement and the operating expenses of the Premises.
g. Cleaning and maintenance. Manager shall be responsible for routine cleaning, and shall be compensated pursuant to the Schedule of Fees, as revised from time to time.
h. Claims on security deposits. If Manager determines that a guest damages the Premises, or if Client gives Manager timely notification that Client wishes to claim any security deposit placed by guest, Manager shall do so, and shall be compensated for doing so pursuant to Schedule of Fees, as revised from time to time.
2. Duties of Client.
b. Insurance. Client agrees to carry at his/her own expense property and liability insurance, each in an amount not less than $500,000, naming Client and Manager in a form adequate to protect their interests and in form and substance reasonably satisfactory to the Manager. This insurance must cover damage caused by any guests to the Premises. Client agrees to furnish Manager with certificates evidencing the existence of such insurance upon request.
c. Taxes. Client shall be solely responsible for preparing and paying Client’s own income tax return. Manager is not responsible for advising Client with respect to taxes owed with regards to the Premises or any transactions contemplated by or facilitated by this Agreement.
d. Laws and regulations. Client shall be solely responsible for complying with all laws and regulations regarding the renting of the Premises to guests.
e. Minimum balance. Manager may, in its sole discretion, keep a minimum balance of up to $100 in the client’s account with Manager to cover the cost of expenses.
f. Credit card and bank account on file. Client shall maintain a current credit card or bank account information on file with Manager. Client hereby authorizes Manager to charge Client’s credit card or bank account for any amounts owed by Client to Manager under this Agreement that are not covered by the balance held by Manager.
b. Emergency maintenance. If Manager believes that emergency maintenance is required to protect or preserve the Premises from damage or to maintain services to a guest, Manager may, as soon as practicable, arrange for such maintenance to be performed, and shall be compensated pursuant to the Schedule of Fees, as revised from time to time. Manager shall attempt to communicate with Client regarding the need for emergency maintenance and steps being taken, but in no case shall Client be relieved of liabilities incurred pursuant to the performance of emergency maintenance.
4. Client’s Representations and Warranties.Client represents and warrants that:
b. If Client is tenant of the Premises, there are no written or oral restrictions on further leasing or subletting the Premises that would interfere with the temporary leasing of the Premises to guests or any other actions contemplated by this Agreement.
c. To the best of the Client’s knowledge the building, its construction and operation do not violate any applicable statues, laws, ordinances, rules, regulations, orders, or the like including, but not limited to, those relating to hazardous or toxic substances.
d. To the best of the Client’s knowledge the building does not contain any toxic substances such as, but not limited to: lead based paint, asbestos, urea, formaldehyde, radon, or other hazardous substances and that no unsafe condition exists except as disclosed in writing at the time of this Agreement.
e. Client has disclosed the existence of any default of foreclosure notices affecting the property as of the date of this agreement and further agrees to disclose any such notices received hereafter, within five days of the receipt of any such notices.
f. CLIENT HEREBY ACKNOWLEDGES THAT MANAGER IS NOT A REAL ESTATE BROKER, AGENT, OR INSURER. MANAGER HAS NO CONTROL OVER THE CONDUCT OF GUESTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
7. Term and Termination.
b. Termination by notice. Either party to this Agreement may elect to cancel and terminate this Agreement with or without cause by giving at least fourteen (14) days’ prior written notice. If no termination date is specified in the notice, this Agreement shall terminate as of the date which is fourteen days after the notice is delivered.
c. Upon termination. On termination of this Agreement, Client and Manager agree the following shall take place:
i. Copies of all records required to be kept by Manager under this Agreement shall be delivered to Client.
ii. All supplies, equipment, or other property owned by Client and in Manager’s possession shall be immediately delivered to Client.
iii. Manager shall cease taking reservations for the Premises. However, Client shall not cancel any reservations that have been made for the Premises.
iv. Manager shall deliver any amounts remaining in the Client’s account with Manager to Client, minus expenses and fees owed to Manager under this agreement, provided that Manager may keep a temporary reserve to cover known liabilities and may keep any fees owed to Manager under this Agreement for future reservations that were made prior to the termination of this Agreement, as if those reservations had resulted in guest stays.
v. The agency relationship created under this Agreement shall immediately cease, and Manager shall have no further responsibility to act for or on behalf of Client, except as Manager and Client may separately agree.
b. Policies and Guidelines. Manager and Client agree that the responsibilities of the Manager and the Client are detailed more fully in certain policies and guidelines that are posted on Manager’s website or made available by Manager from time to time (the “Policies and Guidelines”). The Policies and Guidelines, as amended from time to time, are incorporated into this Agreement by reference. By refraining from terminating this Agreement after the Policies and Guidelines have been updated, Client is agreeing to be bound by the new Policies and Guidelines.
c. Assignability. Neither party shall directly or indirectly assign, sell or otherwise transfer all or any part of the legal or beneficial interest or all or any part of the rights or obligations created by this Agreement without first obtaining the written approval of the other.
d. Security Agreement. Client hereby grants Manager a security interest in all funds which are held by Manager for Client and in all personal property of Client located on or in the Property. This security interest shall serve as collateral for all of Client’s obligations here under. Manager may record this agreement as a financing statement and may enforce its security interest as provided under the California Uniform Commercial Code.
e. Setoff. Manager has the right to set off any amounts due to Manager under this Agreement against any and all funds in Client’s client trust account.
f. Disputes. Manager and Client agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the operation and/or management of the property or any of the terms of this agreement, wherein legal counsel is employed by either or both parties, it is agreed that the fees of the mediator will be shared equally between all parties to the dispute.
g. Entire Agreement. This Agreement incorporates all of the terms, covenants and conditions agreed to by the parties and all prior and contemporaneous agreements are superseded hereby. This Agreement can only be modified or amended in writing, signed by both parties.
h. Severability. If any part of this Agreement is determined by a court of competent jurisdiction to be unenforceable, all other parts of this Agreement shall remain in full force and effect.
i. Independent contractor status. The Manager and Client agree that Manager is independent contractor to Client, and that this Agreement does not create a joint venture, partnership, employment, or form of relationship between Manager and Client other than as independent contractor.
j. Notices. All notices, reports and statements required to be sent here under to Client or Manager by the other shall be mailed to the address set forth herein, sent to email addresses provided by the parties, or such other email address or mailing address as specified in writing.
k. Governing Law. This Agreement shall be governed by the laws of the State of California.
l. Sole Jurisdiction. Both Manager and Client agree to submit to the sole jurisdiction of the state and federal courts of the County of San Francisco, California, and waive any rights that either Manager or Client may have with regards to filing claims in the courts of any other jurisdiction.
m. Exclusive agent. Client hereby appoints Manager and Manager hereby accepts appointment as exclusive manager of the premises, with the authority to direct, supervise, and manage the operation of the Premises on the terms and conditions set forth in this Agreement. Client and Manager acknowledge and agree that this Agreement establishes and constitutes only a Management Agreement between the parties, that the parties are not joint venturers or partners, and that Manager shall not be deemed to be an employee of Client. Manager shall at all times be an independent contractor.
Guests making bookings are required to accept these terms.
You have received a Booking Summary as a result of your use of certain services provided through Authorized Suppliers of the Airenvy Club (the “Club”). In order to complete your reservation for an accommodation, you must enter into this Accommodation Agreement between you and the Host of the accommodation. All capitalized terms which are not defined herein, shall have the meanings ascribed thereto in the Club Rules.
- This agreement is between the Guest named on the Booking Summary ("you") and the host ("the Host") of the accommodation as detailed in the Booking Summary ("the Accommodation"). The Host is the owner of the Accommodation or the person who is duly authorized to arrange for the occupancy of the Accommodation. This agreement details the terms and conditions which apply between you and the Host relating to your use and occupancy of the Accommodation.
- You have received your Booking Summary from an Authorized Supplier of the Club whom you have chosen as your Reservations Supplier (as described in the Club Rules). Neither the Club nor such Authorized Supplier is an Agent of either the Host or Guest and neither the Club nor such Authorized Supplier shall have any obligations under this Agreement. Neither the Club nor any Authorized Supplier is responsible for the availability or condition of the Accommodation, or for the Host’s compliance with any statutes, laws, rules, regulations and agreements to which the Host is subject or which relate to the Accommodation or by which the Host or the Accommodation is bound. Your Host has accepted and agreed to the terms and conditions of this Accommodation Agreement and directed your Reservations Supplier to obtain your acceptance hereto. Your acceptance of this Accommodation Agreement is a condition to your use of the Club’s platform and Authorized Suppliers for booking and facilitating arrangements directly between Host and Guest and to your occupancy of the Accommodation.
- Please note that this Agreement is between you and the Host (For a copy of the terms and conditions which apply between you and the Club, please refer to the Club Rules which is provided separately. A copy of your agreement with your Reservations Supplier is provided separately. A copy of your agreement with your Guest Services Supplier is also provided separately. The Host is also subject to separate Agreements with the Club and with a Supplier with respect to services that the Host is required to supply to all Guests who use and occupy the Accommodation. Host agrees that whether or not your Guest Services Supplier is identical to that chosen by the Host, the Guest Services Supplier chosen by you will be given access to the Accommodation as reasonably necessary to perform the services requested by your during your occupancy.
- This agreement is a licence to occupy the Accommodation during the agreed period as set out in the Booking Summary ("Booking Period"). THIS IS NOT A LEASE, NOR DOES IT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. By accepting this Agreement, you are entering into a non-exclusive licence to occupy the premises for the fixed term in your Booking Summary. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the term set forth in your Booking Summary and have no rights to renewal or recurring usage. You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the Accommodation. You must abide by the rules of the Club and any restrictions placed on the Accommodation by the Host which will be set forth in the Booking Summary and/or the House Rules provided to you at or before check-in, which may include, without limitation, maximum number of occupants allowed during your use of the Accommodation, any areas of the Accommodation or items in or on the Accommodation that have been designated “no access” , noise restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the term of your stay violate any terms of this Agreement, the Club Rules or any other agreement between you and any Authorized Supplier.
Booking and Cancellation
- The Booking Summary which you have accepted is not a booking confirmation. The Accommodation will be booked for the Booking Period set forth in the Booking Summary (the "Booking Period") upon your receipt of a Confirmation of Booking and the Host is not obliged to make the Accommodation available, nor is a binding contract in place, until such time as the Confirmation of Booking has been sent to you by email.
- Pursuant to your Agreement with your Reservations Supplier, you have authorized your Reservations Supplier to collect and remit various fees and charges that will be due and owing by you in connection with your use of the Club, its Authorized Suppliers and the Accommodation, including, without limitation, the prepayment amount as set out in the Booking Summary, Accommodation Fees, and all fees, charges and taxes payable with respect to your booking of the Accommodation and use of services provided by Authorized Suppliers. Upon receipt by you of the Confirmation of Booking, you will immediately be required to pay, and your Reservation Supplier will charge the debit or credit card that you have supplied, an amount equal to the prepayment amount required to be paid on confirmation of booking as shall be set out in the Booking Summary (which may be the entire amount of the fees due including all amounts due to any Authorized Supplier and all taxes or other fees dues with respect to your Booking).
- Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply. If you cancel a booking within 24 hours of your receipt of a Confirmation of Booking, provided you book more than seven days prior to your stay, then you are entitled to a full refund. If you cancel a booking more than 14 days prior to commencement of the Booking Period then you will be responsible for 50% of the full accommodation fees as set out in the Confirmation of Booking ("Accommodation Fees") for the entirety of the Booking Period and your Reservations Supplier will charge such sums to the credit or debit card which you supplied when making the booking.
- If you cancel a booking 14 days or less prior to the commencement of the Booking Period then you will be responsible for the full Accommodation Fees for the entirety of the Booking Period and your Reservations Supplier will charge such sums to the credit or debit card which you supplied when making the booking.
- Host is not entitled to cancel a booking once a Confirmation of Booking has been sent. However there may be circumstances beyond the reasonable control of Host or emergency situations in which the Accommodation is unavailable for all or part of a Booking Period. In those circumstances you may contact the Club to see if they can assist, however Host is solely responsible for arranging for suitable alternative accommodations during the Booking Period (which will, if possible, be of comparable quality and character and may be a 4 star hotel within 2 miles of the location of the Accommodation). In the event the Club is unable to assist in finding suitable alternative accommodations during the BookingPeriod, the Club will cause the Reservations Supplier to credit you with the full refund. The Club shall have no responsibility or liability as a result of a cancellation of a booking, however, if alternative hosted accommodation is available through another member of the Club then your contract with the Host may be terminated and your Reservations Supplier will arrange for a new agreement entered into with a new Host.
- Host agrees with you that notwithstanding the provisions of the terms set out above that in the event that you cancel a booking due to exceptional circumstances beyond your reasonable control and the Club (at its discretion) recommends that you receive a full or partial refund then the Host will honor such recommendation.
- It is a condition of a booking made through the Club that all of the Club Rules (including in relation to the appointment of Authorized Suppliers) are complied with in full by both parties. Any failure by either you or Host to comply with Club Rules including any failure to allow Authorized Suppliers to supply services will permit the other party to terminate this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).
- Host agrees with you that in the event that you cancel a booking due to any failure on the part of the Host to comply with the Club Rules and standards or to engage appropriate Authorized Suppliers or due to the mis-description of the Accommodation or other act or omission of Host and if the Club (at its discretion) recommends that you receive a full or partial refund then the Host will honor such recommendation (without prejudice to any other rights you may have under this agreement).
- In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the booking, and the pre-payment will be refunded to you, but neither the Host nor the Club nor any of the Club’s Authorized Suppliers will be liable to you for any further amounts in respect of the cancellation of the booking.
Fees and Charges
- You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by the Host, the Club or any of the Club’s Authorized Suppliers as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.
- The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. No additional concierge or other services which you book through your Guest Services Supplier are included.
- By accepting these terms you agree to pay the Accommodation Fees in full and your Reservations Supplier will collect such amount as set forth in the Booking Summary by charging your credit or debit card provided to such Reservations Supplier.
- Your prepayment will be collected and paid as set forth above under Booking and Cancellation. On commencement of the Booking Period, the remainder of the Accommodation Fees (if any) will be taken by check-in staff provided by your Guest Services Supplier or will be automatically charged to your credit or debit card through your Reservations Supplier. If you fail to check-in to an Accommodation on the date of commencement of your booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the booking (and all taxes due with respect thereto) and your Reservations Supplier will charge such sums to the credit or debit card which you supplied when making the booking.
- In addition to the fees and charges for the Accommodation, your Reservations Supplier will also collect and remit to applicable governmental authorities all taxes applicable to your purchase of the Booking from the Host and use and occupancy of the Accommodation. Neither the Club nor any of its Authorized Suppliers will be responsible for any income taxes payable by the Host as a result of its receipt of fees for use and occupancy of its premises.
Credit Card Authorization
- When you commence your stay at the Accommodation, your Reservation Supplier will pre-authorize an amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card through your Reservations Supplier in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.
- The check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than 2 hours then Host reserves the right to enter, or cause its Guest Services Supplier or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by the Host, the Club or any of its Authorized Suppliers, including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.
Safety and Conduct
- You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance which is provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the check-in staff and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.
- If you become aware of anything during your stay which you believe is a health & safety risk, you must inform the Club and your Guest Services Supplier immediately. Your Host, your Guest Services Supplier and the Host’s Suppliers will have access to the Accommodation at all times during your stay to address any such issues.
- You must comply with the Club Rules and you must also comply with any building regulations and House Rules and any reasonable directions of the Host or the Club. The House Rules will be supplied to you when you check-in.
- You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host will not allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.
- The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.
- In addition to complying with the Club Rules and House Rules and all reasonable directions you also agree that you will:
- keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;
- not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);
- not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;
- if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;
- not leave any obstruction outside of the Accommodation;
- not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
- not conduct any illegal activity from the Accommodation;
- not conduct any business or commercial activity whatsoever from the Accommodation;
- not make any alteration or addition whatsoever to the Accommodation or its contents;
- not use the Accommodation for any purpose other than for personal accommodation;
- not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Accommodation (even if such information is already in the public domain).
- You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape. You may be subject to a charge for any breach of any tamper tape.
- You hereby indemnify the Host, the Club and your Authorized Suppliers and the Host’s Authorized Suppliers in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys fees and costs) suffered or incurred by the Host (or the Host’s agents) or any of the foregoing parties arising out of or relating to a breach by you of this Agreement, including, without limitation this paragraph 6. In the event of breach, your membership in the Club may be terminated in accordance with the Club Rules and your agreement with your Reservations Supplier.
- A written or video inventory will have been taken prior to the commencement of your stay. You must notify your Guest Services Supplier of any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.
- If you do not notify your Guest Services Supplier of any such damage you will be fully responsible for such damage on a full replacement cost basis.
- If you do declare any damage, then you are responsible for full replacement cost, but the first US$8 per night of such damage will not be charged to you.
- You have authorized your Reservations Supplier to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above, your Reservations Supplier has obtained a pre-authorization for such charges as noted above.
Liability and Claims
- Any claims made by you under this agreement must be made initially through the Club. In accordance with the Club Rules, the Club has the authority to negotiate and settle claims between you and the Host. If you notify the Club within 14 days after making such a claim through the Club that, in your opinion, the dispute has not been satisfactorily resolved, then the Club is authorized to provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.
- The Host will not have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host). Please note that neither the Club nor any of its Authorized Suppliers is a party to this Agreement. The Club Rules and your agreement with any Authorized Supplier set forth your relationship with each of the foregoing and the limitations of liability relating thereto.
- Subject to any exceptions set forth in applicable law, the Host’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the cost of obtaining a replacement accommodation for the agreed Occupancy Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount. The Accommodation is a private residence and Hosts are not responsible for any accidents, injuries or illness that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.
- Nothing in this clause limits or excludes the liability of the Host for death or personal injury arising as a result of their gross negligence or wilful misconduct or the gross negligence of wilful misconduct of their agents or employees.
- You agree to indemnify and hold Host and the Club harmless from any and all liability, claims, loss, property damage or expenses arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you or the Host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees.
- If Host or the Club is required to engage any attorney to enforce the conditions of this Agreement or the Club Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, Guest shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing,
- You agree that you have the power to enter into this agreement.
- You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host against any amounts that that may be owed to you.
- The Host will be entitled to assign or sub-contract their obligations under this Agreement.
- The Host will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences.
- This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.
- The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
- These conditions are governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of the courts of the state of California and the federal courts situated in the State of California for all disputes between Host and Guest arising out of this Agreement or the Accommodation.
- If you breach these terms and conditions and the Host decides to take no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by the Host of the Host’s rights hereunder and the Host will still be entitled to take action and enforce their rights and remedies for any other breach.
- The Club and each of its Authorized Suppliers is a third party beneficiary of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce their respective rights and perform their respective obligations under the Club Rules and any agreements between the Guest and such parties.
Guest services agreement
For members of the Airenvy Club
For the Supply of Guest Services
1. About Us
1.1 We are a corporate member of the Airenvy Club (the “Club”). This allows us to provide guest services to members of the Club. Our services are provided to you, the Guest, when you stay in property owned by other members of the Club (“Hosts”). All capitalized terms used herein which are not defined herein shall have the meanings set forth in the Airenvy Club Rules available separately (the “Club Rules”).
1.2 We are a service provider to members of the Club. Our role is to provide goods and services to you, the Guest. We are a ‘Guest Services Supplier’ as described by the Club Rules. We are not an agent or contractor of the Host nor are we your agent, nor are we an accommodation or bookings agent nor do we act as a real estate broker, real estate agent, property manager, travel agent, travel seller or reseller or travel promoter. We do not have authority to form a binding agreement between you, the Guest member (“you” or the “Guest”), and a host member (“Host”) for the occupation of the Host’s property (the “Property”). We are solely responsible for the limited services we supply (subject to the limitations of liability set out below).
1.3 In accordance with the Club Rules, you will contract directly with a Host for the use and occupancy of the Property and we are not responsible for any element of such accommodation or for any part of your agreement with the Host.
2. These Terms
2.1 We agree to provide the services set out below to you, the Guest, in accordance with these terms and conditions. We are subject to and agree to comply with the Club Rules and the standards of the Club as a corporate member of the Club. As such we will provide our services in accordance with those Club Rules and standards.
2.2 From time to time changes or variations may need to be made to these terms and conditions. In the event that we need to vary these terms we will email a copy of the revised terms to you. If you do not accept the revised terms you will be entitled to terminate this Agreement with us; however, any bookings that you have made prior to such termination will continue to be binding on you.
3. The Services
3.1 As a member of the Club, when you stay with a Host you are not entitled to opt-out of Guest Services but certain services are included within the total price quoted by the Host’s booking agent (“Included Services”) and other services can be provided at an additional charge (“Additional Services”).
3.2 When you make a booking with the Host you will also be obliged under the Club Rules to select a Guest Services supplier. You have chosen us as your Guest Services supplier and, in accordance with the Club Rules, you and the Host are obliged to allow us to provide Guest Services to you. You may not cancel or revoke this Agreement in respect of any confirmed booking.
4. Included and Additional Services
4.1 The following services are Included Services:
- Welcome to the Property and key hand over;
- Cleaning of the accommodation before and during the stay;
- Helpdesk services for inquiries regarding the Property (subject to section 7.4 below);
- Housekeeping (changing of linens);
- Check-out and collection of keys.
4.2 The following services are Additional Services for which an additional charge will be payable as set out below:
- Concierge services (advice on the area, booking of third party events, reservations etc.);
- Equipment hire (hire of audio visual equipment, tablets etc.);
- Food ordering;
- Stocking of refrigerator;
- Any other services requested by a Guest which we agree to provide.
4.3 We agree to provide our services with reasonable skill and care. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOMS TO THE FULLEST EXTENT PERMITTED BY LAW.
5.1 The price of any Included Services will be included in the preliminary invoice rendered to you at the time of the booking by the booking services provider engaged by you and the Host.
5.2 In accordance with your arrangements with your Reservation Supplier, you will be provided with a preliminary invoice at the time of booking and be required to prepay certain amounts related to such booking. Any Additional Services which are requested at the time of your booking may also be included in the preliminary invoice which is provided to you before prepayment and we reserve the right to demand payment in advance for any Additional Services used during a booking. Any charges referred to in the preliminary invoice will be collected from you at the same time as the accommodation fees are collected from you by the Host’s Booking Supplier. By entering into this Agreement you irrevocably agree that any such preliminary charges can be paid to us by your Reservation Supplier without further approval or authorization by you.
5.3 Under the Club Rules we are entitled to obtain payment either directly from you or from your Reservation Supplier for any goods or services provided to you during your stay with a Host. We are also entitled to instruct your Reservation Supplier to pre-authorize your credit or debit card at any time for an additional amount to cover the anticipated costs of Services you have booked or may choose to book during your stay.
5.4 Services purchased after you have booked your stay will either be added to your account and collected from you when the accommodation fees are collected or, if you book Services after pre-payment has been taken we will collect payment either during your stay or on your departure from the accommodation. You will receive a final invoice for your stay, including all charges incurred pursuant to Section 5.3 and 5.4 of this Agreement.
5.5 You understand that all prices charged to you for items subject to sales or use tax under applicable federal, state and local laws will include a charge for tax reimbursement computed to the nearest mill and you hereby authorize us to instruct your Reservation Supplier to charge your credit or debit card for such amounts in addition to the cost of any taxable goods or services provided to you during your stay. You also understand that the jurisdiction in which a property is located may charge an occupancy tax on the amount paid by a Guest for the use and occupancy of such property, and you hereby authorize us to instruct your Reservation Supplier to charge your credit or debit card for such amounts in addition to the amount paid for the booking.
6. Third Party Services
6.1 As part of our general concierge Services we may book or order Services from third party suppliers or vendors. This will apply to any ticketed events you wish to attend, restaurant bookings or other goods or services ordered through our concierge service. Airport transfers, food orders, affiliate memberships and nanny or babysitting Services are also supplied by third parties.
6.2 Please note that any booking we arrange for you with a third party will be subject to that party’s terms and conditions of business. You will be liable to pay the costs of that Service and we will not be responsible for any failure on the part or that third party to adequately supply the Service. We will use reasonable commercial efforts to ensure that all of our partners provide their Services to the highest possible standards.
7. Specific Services
7.1 Equipment Hire
7.1.1 Where you have hired equipment from us you must return the items to us in the same state in which they were supplied to you in. You will be liable for the costs of any damage to equipment which has been hired by you. Equipment is subject to availability.
7.1.2 You have provided your Reservation Provider with a credit or debit card to which it is authorized to make charges relating to your booking. On check-in you may also provide us with the same or a different credit or debit card account for purposes of charges relating to your stay. On hiring equipment we may charge, or direct your Reservation Provider to pre-authorize any such credit or debit card for an amount to cover the cost of any damage to the equipment. Except where otherwise noted please leave any items hired by you at the property when you leave.
7.2 Ticketed Events etc
7.2.1 In certain circumstances we may agree to try to secure a ticket for you at a theatre, music or sporting event. Please note that while we will use our reasonable commercial efforts to secure a ticket for the event it may be difficult to obtain tickets where the event is sold out, over-subscribed or in high demand. We do not guarantee that we will be able to obtain tickets to any event. Any tickets will be subject to the terms and conditions of the ticket agent and the venue.
7.3 Refrigerator Stocking/ Food Orders
7.3.1 Our refrigerator stocking service will stock the refrigerator and kitchen cabinets of the accommodation with a range of food and beverage items. We may be able to source specific items provided we are given enough advance notice but additional charges may apply. Certain items may be unavailable and we reserve the right to add a substitute.
7.3.2 We cannot offer a refund for any unused food or drink at the end of your stay. Please ensure you check the labels of any food or drink if you suffer from allergies. We will not be liable if you consume, are exposed to or come in contact with any item to which you are allergic. If you have any concerns regarding whether the accommodation may be stocked with any items to which you are allergic, please advise your booking services provider at the time of booking.
7.4 Helpline and General Requests
7.4.1 We offer a general concierge helpline which may be able to assist with specific requests and may also be your first point of call for booking restaurants, ticketed events, refrigerator stocking, equipment etc. during your stay..
8. Termination of our Engagement
8.1 This contract is specific and exclusive to members of the Club. If your membership in the Club is terminated for any reason whatsoever, this Agreement shall be terminated in accordance with the Club Rules.
9.1 We will not be liable for the provision of goods or services by third parties nor will we be liable if any goods or services requested by you are unavailable during your stay. We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar circumstances.
9.2 SUBJECT TO AND SOLELY TO THE EXTENT OF ANY EXCEPTIONS SET FORTH IN APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES NOR WILL WE BE LIABLE FOR ANY BUSINESS, FINANCIAL OR ECONOMIC LOSS SUCH AS LOST REPUTATION, LOST BARGAIN, LOST PROFIT, LOSS OF ANTICIPATED SAVINGS OR LOST OPPORTUNITY ARISING OUT OF OR RESULTING FROM THIS AGREEMENT OR THE PERFORMANCE HEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND WHETHER SUCH LOSS ARISES AS A RESULT OF NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHERWISE BY US OR ANY AGENT, EMPLOYEE OR THIRD PARTY PROVIDING SERVICES ON OUR BEHALF.
9.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, AND SUBJECT TO AND SOLELY TO THE EXTENT OF ANY EXCEPTIONS SET FORTH IN APPLICABLE LAW, OUR LIABILITY FOR ALL LOSSES, DAMAGES AND OTHER LIABILITIES RELATING TO OR ARISING OUT OF THIS AGREEMENT AND THE SERVICES PROVIDED HEREUNDER (INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND DEATH) WILL BE LIMITED TO THE COST OF OBTAINING REPLACEMENT SERVICES OR THE AMOUNT OF THE FEES AND CHARGES PAYABLE BY YOU FOR OUR SERVICES (EXCLUDING FOR THE AVOIDANCE OF DOUBT ANY ACCOMMODATION FEES PAYABLE TO THE HOST OR OTHER FEES PAYABLE TO THE CLUB OR ANY OTHER SERVICE PROVIDER), WHICHEVER IS THE HIGHER AMOUNT.
10.1 You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to us, the Host or the Club against any amounts that may be owed by you.
10.2 We will be entitled to assign or sub-contract our obligations under this Agreement. You are not permitted to assign, sub-contract or delegate your rights or obligations under this Agreement.
10.3 These terms represent the entire agreement between you and us and supersede any previous marketing information, representations or agreements between us, whether recorded in writing or otherwise.
10.4 You agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect and shall be enforced in such manner as carries out as closely as possible the intent of the parties hereto.
10.5 The relationship between you and us is that of an independent contractor. We shall not be, act as, purport to act as, or be deemed to be, the agent, employee, partner or joint venturer of you as to any matter. No partnership, joint venture, association, alliance, or other fiduciary, employee/employer, principal/agent or other relationship other than that of independent contractor shall be created by this Agreement, express or implied.
10.6 The Club is a third party beneficiary of this Agreement and may rely upon and directly enforce this Agreement to the extent necessary to enforce its rights under the Club Rules.
10.7 Failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this Agreement.
10.8 This Agreement is governed by and construed in accordance with the internal laws of the state in which the applicable Host Property that is the subject of your booking is located, without regard to conflict of laws rules.
No worries, cool-off period: Provided you book more than fourteen days before the start of your stay, you can cancel your booking no questions asked within 6 hours of making it, and we will refund 50% of any charges.
. If you cancel at least 4 weeks before you are due to arrive, we will charge you 80% of the cost of your stay.
. We’ll be as flexible as we can if you need to cancel. However, once you’re within two weeks of the start of your stay, we can’t refund your booking.
If you have any immediate questions, please contact us directly.