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HerBNB Terms and conditions

IMPORTANT- IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, SERVICES OR THE APP. YOUR USE OF THIS SITE, THE SERVICES OR THE APP SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. HerBNB MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE OR THE APP AT ANY TIME. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APP OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APP OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APP, SERVICES, OR MATERIALS OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Date Last Updated: November 1, 2019

herBNB, LLC (“HerBNB”) provides an online platform that connects users who have rental properties to rent with Guests (as defined below) seeking to rent such rental properties as well as a travel review service (collectively, the “Services”), which platform Services are accessible at www.herbnb.com, www.herbandb.com and any other websites through which herBNB makes the Services available. By using the Site or App, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, App and Services and all Materials (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and HerBNB. Please also carefully read our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, App or Services. Failure to use the Site and App in accordance with these Terms may subject you to civil and criminal penalties. You are contracting with herBNB LLC.

NOTE: THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY.

General Usage of the Site, App and Services

The Site, App and Services can be used to facilitate the listing and booking of Rental Properties. Such Rental Properties are included in Listings on the Site, App and Services by Hosts. If you wish to view listings, book a Rental Property or create a Listing, you must first register to create a HerBNB Account (defined below).

HerBNB provides an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Rental Properties directly with each other. HerBNB is not an owner or operator of any Rental Properties, including, without limitation, hotel rooms, motel rooms, other lodgings, nor is it a provider of real properties.  HerBNB does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Rental Properties, including, without limitation, hotel rooms, motel rooms, other lodgings or transportation or travel services. HerBNB solely: (i) facilitates the availability of the Site, App and Services and (ii) collects fees for each Host for the purpose of accepting payments from Guests on behalf of the Host.

HerBNB is not a party to any rental or other agreement between Guests and Hosts.  This is true even if the Site, App and/or Services allow you to book a Rental Property.

WHEN USING THE SITE, APP AND SERVICES FOR LISTING AND BOOKING RENTAL PROPERTIES, THEY ARE SOLELY TO BE USED TO ENABLE HOSTS AND GUESTS CONNECTING AND BOOKING RENTAL PROPERTIES DIRECTLY WITH EACH OTHER. HERBNB CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY RENTAL PROPERTIES. HERBNB IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RENTAL PROPERTIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.

AS A PROVIDER OF INTERACTIVE SERVICES, HERBNB DOES NOT CONTROL THE CONTENT, LEGALITY OR SUITABILITY OF ANY REVIEWS ON THE SITE, APP AND/OR THE SERVICES.

Definitions

“HerBNB Content” means all Content that HerBNB makes available through the Site, App, or Services, including any Content licensed from a third party, but excluding Member Content.

“Rental Request Period” means the time period starting from the time when a booking is requested by a Guest (as determined by HerBNB in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, App or Services. Different Rental Request Periods may apply in different places.

“Materials” means Member Content and HerBNB Content.

“Content” means text, graphics, images, music, software (excluding the App), audio, video, information, and travel reviews or other materials.

“Guest” means a Member who requests from a Host a booking of a Rental Property via the Site, App or Services, or a Member who stays at a Rental Property and is not the Host for such Rental Property.

“Host” means a Member who creates a Listing via the Site, App and Services.

“Listing” means a Rental Property that is listed by a Host as available for rental via the Site, App, and Services.

“Member” means a person who completes herBNB’s account registration process, such as Hosts and Guests, as described hereunder.

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, App or Services (including Listing descriptions and travel reviews).

“Rental Property” or “Rental Properties” means residential real property or properties.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, rental property or lodging taxes, fees (such as convention center fees) that rental property providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

Changes

HerBNB reserves the right, at its sole discretion, to modify the Site, App or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the change on the Site (as defined below) or via the App or provide you with notice of the change. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, App or Services after we have posted a change on the Site or via the App or have provided you with notice of a change, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App and Services.

Age Restrictions

The Site, App and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, App or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, App or Services you represent and warrant that you are 18 or older.

Account Registration

In order to access certain features of the Site and App, and to book a Rental Property or create a Listing or post a travel review, you must register to create an account (“HerBNB Account”) and become a Member. You may register to join the Services directly via the Site or App or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (for example, Facebook; and any such account is referred to as a “Third-Party Account”), via our Site or App. As part of the functionality of the Site, App and Services, you may link your HerBNB Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to HerBNB through the Site, Services or App; or (ii) allowing HerBNB to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to HerBNB and/or grant HerBNB access to your Third-Party Account (including, without limitation, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating HerBNB to pay any fees or making HerBNB subject to any usage limitations imposed by such third-party service providers. By granting HerBNB access to any Third-Party Accounts, you understand that HerBNB will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and App via your HerBNB Account and HerBNB Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your HerBNB Account on the Site, Services and App. Please note that if a Third-Party Account or associated service becomes unavailable or HerBNB’s access to such Third-Party Account is terminated by the third-party service provider, then the SNS Content will no longer be available on and through the Site, Services and/or App. You have the ability to disable the connection between your HerBNB Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and App. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. HerBNB is not responsible for any SNS Content.

We will create your HerBNB Account and your HerBNB Account profile page for your use of the Site and App based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active HerBNB Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. In some cases, in order to confirm your identity, HerBNB may ask you to provide proof of your identity in the form of a driver’s license, passport or similar form of identification. As you are registering for your account online, HerBNB may ask you to upload photos of your form(s) of identification, including a photos of you holding your form(s) of identification next to your face, or request a video conference session. HerBNB reserves the right to suspend or terminate your HerBNB Account and your access to the Site, App and Services if you create more than one (1) HerBNB Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your HerBNB Account, whether or not you have authorized such activities or actions. You will immediately notify HerBNB of any unauthorized use of your herBNB Account.

Rental Property Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Rental Property to be listed, including, without limitation, the location, capacity, size, features, and availability of the Rental Property and pricing and related rules and financial terms. In order to be featured in Listings via the Site, App and Services, all Rental Properties must have valid physical addresses. Listings will be made publicly available via the Site, App and Services. Other Members will be able to book your Rental Property via the Site, App and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Rental Property, you may not request the Guest to pay a higher price than in the booking request.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, a Rental Property in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Rental Property included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that HerBNB assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. HerBNB reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that HerBNB, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.

IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THE ABILITY OF A GUEST PAYING HOSTS FOR SHORT TIME PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED. LOCAL GOVERNMENTS VARY AS TO THEIR ENFORCEMENT OF THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE PLACING A LISTING ON THE SITE, SERVICES OR APP.

If you are a Host, you understand and agree that HerBNB does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Rental Property and stays at your Rental Property, any agreement you enter into with such Guest is between you and the Guest and HerBNB is not a party thereto. However, HerBNB 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 (including cleaning or other fees and/or Taxes).

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Rental Property, including, without limitation, requiring Members to have a profile picture or verified phone number, in order to book your Rental Property. Any Member wishing to book Rental Properties included in Listings with such requirements must meet these requirements. The Host must provide the characteristic features of the Rental Property as precisely as possible. The Rental Property must correspond to the faithful description the Host has made on the Listing.

If you are a Host, HerBNB makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Rental Property. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Rental Property at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Rental Property, if applicable).  Please be aware that you must provide a safe Rental Property. Otherwise, you may be liable to the Guest for any unsafe Rental Property.

HerBNB recommends that Hosts obtain appropriate insurance for their Rental Properties and certain countries or locations may require you to have insurance for your Rental Properties. Please review any insurance policy that you may have for your Rental Property 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 invites to the Rental Property, if applicable) while at your Rental Property.

Verification but no Endorsement

HerBNB does not endorse any Member, any Rental Property or any travel reviews. You understand that Verified Photos (as defined below) are intended only to indicate a photographic representation of the Rental Property at the time the photograph was taken. Verified Photos are therefore not an endorsement by HerBNB of any Member or any Rental Property. Members are required by these Terms to provide accurate information, and although HerBNB may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.  For example, we may, but are not required to, contact Hosts and Guests via telephone and/or email and we may ask the Host for proof of address (utility bill or phone) and/or a copy of their identity card or passport.  For a Host to have a ”Verified Photo”, the Host must have one of HerBNB’s photographers photograph the Rental Property and/or provide us with a scanned copy of the utility bill (electricity or telephone bill) listing the Host’s name and address. If a Host chooses to have a HerBNB photographer photograph the Rental Property, the photographs taken will be made available to you as the Host to include in your Listing and the photos may include a stamp or mark indicating that they are a “Verified Photo.”  All images, materials and content created by these photographers provided by HerBNB, including Verified Photos, constitute HerBNB Content owned by HerBNB, regardless of whether you include them in your Listing. You acknowledge and agree that, as a Verified Photo is HerBNB’s Content, HerBNB’s may use, reproduce and distribute Verified Photos in any manner and in any media now or hereinafter created, as determined by HerBNB in its sole discretion, including, without limitation, inclusion and distribution in advertisements.  Availability of HerBNB’s photographers to photograph a Rental Property may be limited, may not be available in all locations and may not be offered to all Hosts.  HerBNB does not guarantee that a HerBNB photographer will be available to photograph each location of a Rental Property at any given time or at any time.

Any references in the Site, App or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by HerBNB about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, App and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.

Bookings and Financial Terms

Definitions

“Rental Property Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in a Rental Property. The Host solely, and not HerBNB, determines these amounts. The Host may choose to include in these amounts (i) a cleaning fee or any other fee permitted by HerBNB, or (ii) Taxes that the Host determines that he or she has to collect.

“Guest Fees” means the fee that HerBNB charges a Guest for the use of its Service, which is calculated as a percentage of the applicable Rental Property Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.

“Host Fees” means the fee that HerBNB charges a Host for the use of its Service, which is calculated as a percentage of the applicable Rental Property 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.

“Service Fees” means collectively the Guest Fees and the Host Fees.

“Total Fees” means collectively the Rental Property Fees and the Guest Fees (plus any Taxes in respect of Guest Fees, such as VAT in Europe).

Bookings and Financial Terms for Hosts

If you are a Host and a booking is requested for your Rental Property via the Site, App and/or Services, you will be required to either confirm or reject the booking request within the Rental Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, App and Services, we will share with you (i) the first name of the Guest who has requested the booking, and (ii) a link to the Guest’s HerBNB Account profile page.  If you are unable to confirm or decide to reject a booking request within the Rental Request Period, any amounts collected by herBNB for the requested booking will be refunded to the applicable Guest’s payment method. When you confirm a booking requested by a Guest, HerBNB will send you an email, text message or message via the App confirming such booking, depending on the selections you make via the Site, App and Services.
HerBNB will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Rental Property Fees (less HerBNB’s Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) to the Host within 5 business days of when the Guest arrives at the applicable Rental Property (except to the extent that a refund is due to the Guest or the Host has not provided HerBNB a tax ID number, if applicable). The time it takes for the Host to receive payouts may depend upon the method for receiving payouts chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.

Before HerBNB initiates payment to a Host, the Host must provide HerBNB with such Host’s applicable tax ID number in the account registration section of the Site or App if the aggregate payments to the Host exceed $600 in any calendar year for Hosts in the United States or if otherwise required under applicable law. Accordingly, payment will be delayed until such time as the Host provides a tax ID number to HerBNB, if applicable.

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

Each Host agrees that payment made by a Guest through HerBNB, shall be considered the same as a payment made directly to the Host, and the Host will make the Rental Property available to the Guest in the agreed-upon manner as if the Host has received the Rental Property Fees. Each Host agrees that HerBNB may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund (via HerBNB) to the Guest that portion of the Rental Property Fees specified in the applicable cancellation policy. Each Host understands that as HerBNB accepts payments from Guests and that HerBNB’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. HerBNB does not guarantee payments to Hosts for amounts that have not been successfully received by HerBNB from Guests. HerBNB assumes no liability for any acts or omissions of the Host.

Please note that HerBNB does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that HerBNB reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that HerBNB will provide notice of any Listing fee collection via the Site, App and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Guests

The Hosts, not HerBNB, are solely responsible for honoring any confirmed bookings and making available any Rental Properties reserved through the Site, App and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a Rental Property, you agree and understand that you may be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Rental Property imposed by the Host. You acknowledge and agree that you, and not herBNB, will be responsible for performing the obligations of any such agreements, that herBNB is not a party to such agreements, and that, with the exception of its payment obligations hereunder, herBNB disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that herBNB is not a party to the agreement between you and the Host, herBNB solely collects fees for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to herBNB, your payment obligation to the Host for the Rental Property Fees is extinguished, and herBNB is responsible for remitting the Rental Property 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 herBNB does not remit any such amounts as described in these Terms, such Host will have recourse only against herBNB.

The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Rental Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by herBNB will be refunded to such Guest, depending on the selections the Guest makes via the Site and App.

You as a Guest agree to pay herBNB for the Total Fees for any booking requested in connection with your herBNB Account if such requested bookings are confirmed by the applicable Host. Once herBNB receives confirmation of your booking from the applicable Host, herBNB will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that herBNB cannot control any fees that may be charged to a Guest by his or her bank related to herBNB’s collection of the Total Fees, and herBNB disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to herBNB or its third-party payment processor(s). You agree to pay herBNB for any confirmed bookings made in connection with your herBNB Account in accordance with these Terms by one of the methods described on the Site or App, or credit card. You hereby authorize the collection of such amounts by charging the payment method provided as part of requesting the booking, which will include placement of a hold on the funds at the time of the request for booking and full collection of payment upon confirmation of the booking.  If the booking is not confirmed, the hold on the funds will be released, but this may take a minimum of 24 hours (or such longer time based on the time it takes your bank or credit card provider to release the hold). Payment will be processed either directly by herBNB or indirectly, via a third-party payment processor or by one of the payment methods described on the Site or App. Please review such terms and conditions and privacy policy before using such third party services. By making payment via credit card you will be required to accept the terms and conditions of the applicable third-party payment processor. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits

Hosts may elect to require security deposits for their Listings (“Security Deposits”). If applicable, a Listing will describe the required Security Deposit for the applicable Rental Property. If a Security Deposit is included in a Listing for a confirmed booking of a Rental Property, the Guest will be responsible for paying the applicable Security Deposit directly to the Host. herBNB will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but herBNB is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.

Service Fees

In consideration for the use of certain parts of the Services, App and/or Site, herBNB charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Host Fees and Guest Fees. herBNB deducts the Host Fees from the Rental Property Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees.

Payouts will be remitted by herBNB to Hosts via direct deposit or other payment methods described on the Site or via the App, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, App and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.

Please note that herBNB may impose or deduct foreign currency processing costs on or from any payments or payouts by herBNB in currencies other than U.S. dollars, Euro and GBP. More information on any such costs or deductions will be available via the Site and App. Except as otherwise expressly provided herein, Service Fees are non-refundable (for example, Total Fees are refundable to Guests when a Host cancels as set forth below in the “Host Cancellations” Section).

Cancellations and Refunds

If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, herBNB will cancel amounts charged to your payment method in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, App and Services, either prior to or after arriving at the Rental Property, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation (the two types of potential cancellation policies are as set forth below). Our ability to refund the Rental Property Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host.

Guest Cancellations and Interruptions of a Scheduled Booking

There are two types of cancelation policies that may apply to a particular Listing as follows:

• Flexible Cancellation Policy

• Strict Cancellation Policy

Once the reservation is confirmed, the cancelation policy selected cannot be modified by the Host or the Guest.  HerBNB will not refund any commissions or fees, regardless of the cancelation policy selected by the Host. However, any applicable cleaning fees will be refunded. The first day of the confirmed arrival date will begin at 00h00 local time in the area where the Rental Property is situated.

Flexible Cancellation Policy

The Flexible Cancelation Policy is defined as: a full (100%) refund for the Guest if the reservation is canceled up to seven (7) days prior to the arrival date, and a 50% refund if the reservation is canceled up to one (1) day prior to the arrival (excluding herBNB fees in each case).

• Up until seven (7) days prior to the arrival date (7th day included), a 100% refund will be issued to the Guest (excluding herBNB fees).

• Between the sixth (6th) day prior to the arrival date and the day prior to the arrival date, a 50% refund will be issued to the Guest (excluding herBNB fees).

• If the stay is interrupted, by the decision of the Guest, the Guest will not be entitled to a refund.

Strict Cancellation Policy

The Strict Cancelation Policy is defined as: a 70% refund for the Guest if the reservation is canceled up to fourteen (14) days prior to the arrival date, and a 30% refund if the reservation is canceled up to 1 day prior to the arrival (excluding herBNB fees in each case).

• Up until fourteen (14) days prior to the arrival date (14th day included), a 70% refund will be issued to the Guest (excluding herBNB fees).

• Between the thirteenth (13th) day prior to the arrival date and the day prior to the arrival date, a 30% refund will be issued to the Guest (excluding herBNB fees)

• If the stay is interrupted, by the decision of the Guest, the guest will not be entitled to a refund.

Processing a Cancellation

To process a cancelation, there are two options available. The first is to login to your herBNB account, select My Travels, and then Upcoming Travels. Select the reservation, and click Cancel.

Alternatively, you can contact the herBNB support team. Any cancelations need to be done in a timely manner so all parties involved will be informed, including herBNB, and that the best possible solutions are made available. If a cancelation occurs within a 24 hour period, herBNB cannot guarantee any possible refund.

Guest Refund Policy

If a Guest suffers a valid “accommodation issue,” herBNB agrees, in its sole discretion, to either use reasonable efforts to find another Rental Property or provide the Guest with a refund, the amount of which will be determined by the nature of the accommodation issue. The amount of the refund shall be made in the sole discretion of herBNB.  A valid accommodation issue includes:

• The cancelation of the reservation by the Host within 24 hours of the scheduled start of the reservation;

• The Host’s failure to provide the Guest with the reasonable ability to access the Rental Property;

• The description of the Rental Property is materially inaccurate as to the actual size, special amenities or location of the Rental Property; or

• The Rental Property is generally not clean or sanitary, contains health hazards, is unsafe or contains rodents.

Prior to submitting a request for a refund, a Guest must first use reasonable efforts to remedy the issue with the Host.  In addition, the Guest cannot have caused, directly or indirectly, the accommodation issue.  In order to submit a claim for a refund, a Guest must notify herBNB within 24 hours of the start of the reservation and cooperate with herBNB’s request for information, including supplying photographs or other evidence to validate the accommodation issue.

Host Cancellations

If a Host cancels a confirmed booking made via the cancel link on the Site, Services, and App, (i) herBNB will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the notice of cancellation and (ii) herBNB’s customer support will use reasonable efforts to propose alternative Listings to the Guest. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay herBNB the Total Fees relating to the confirmed booking for the Rental Property in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from herBNB, please contact herBNB at support@herbnb.com

If, as a Host, you cancel a confirmed booking, herBNB may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, herBNB may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, App and Services. You agree that herBNB and the relevant Guest or Host will not have any liability for such cancellations or refunds.

Non-compliance of the Rental Property and Guest’s Damages to Rental Property

If a Guest refuses to occupy or commence a booking for a Rental Property upon first arriving at the Rental Property, due to the Rental Property not existing or conforming to the description on the Site, Services and/or App, herBNB’s  insurance policies may apply. In addition, herBNB’s insurance policies may also cover certain costs for any damage caused by the Guest (such as if the Guest causes bodily injury and damage to property in the Rental Property belonging to the Host). Such coverage requires that the Host or Guest, as applicable, report the loss promptly and in strict accordance with the terms of the applicable policy. The terms and conditions of the insurance policies are available on this link, which are incorporated by reference into these Terms.

Rounding Off and Errors

herBNB may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest supported currency, currently USD, EUROS and GBP); for example, herBNB will round up an amount of $104.50 to $105.00, and $105.49 to $105.00.

Some currencies are denominated in large numbers. In those cases, herBNB may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for herBNB to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

We will use reasonable measures to try to correct any payment processing errors that we become aware of after you report an error in writing to us.

Donations

If a Host indicates that they will donate a portion of the funds they receive from confirmed bookings made via the Site or App, the Host is 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. We are not responsible or liable for whether the Host does in fact make the donation he or she pledged to make.

Taxes

Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold Taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Hosts, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US Hosts with at least one Listing in the US. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Host and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant Tax Authority (as defined below) any Taxes included or received by you. herBNB cannot and does not offer Tax-related advice to any Members.

Where applicable, or based upon request from a Host, herBNB may issue a valid VAT invoice to such Host.

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Rental Property is located may require Taxes to be collected by Hosts from Guests on the amount paid for the right to use and/or occupancy of rental properties, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Rental Property Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes”).

In certain jurisdictions, herBNB may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of and in-lieu of Hosts, if such tax jurisdiction asserts herBNB or Hosts have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate collection and remittance of Occupancy Taxes, whether you are a Guest or Host you hereby instruct and authorize herBNB to collect Occupancy Taxes from Guests on behalf of and in lieu of Hosts at the time Rental Property Fees are collected, and to remit such Occupancy Taxes to the relevant Tax Authority. When herBNB facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, herBNB will provide notice to existing Hosts with Listings for Rental Properties in such jurisdictions. The amount of Occupancy Taxes collected and remitted through facilitation by herBNB, if any, will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Guests and Hosts agree that in any jurisdiction where herBNB facilitates collection and remittance of Occupancy Taxes on behalf of and lieu of Hosts, such Hosts are not permitted to also collect and/or remit such taxes on any portion of the Rental Property Fees. Hosts and Guests acknowledge and agree that in some jurisdictions, herBNB may not be able to facilitate collection and remittance of Occupancy Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and remittance of Occupancy Taxes to the Tax Authority in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Rental Properties. For any jurisdiction in which we facilitate collection and remittance of Occupancy Taxes, Hosts and Guests expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions to the relevant Tax Authority.

Whether you are a Guest of Host, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by herBNB in connection with collection and remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by herBNB from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

Disputes between Members and Damage to Rental Properties

Any actual or potential agreement or transaction between Members, including a Guest and Host, including the quality, condition, safety or legality of the Rental Properties or travel reviews displayed, the truth or accuracy of the travel reviews or Listings (including the content thereof or any review relating to any Rental Property), the ability of Members to rent a property or the ability of Members to contract for properties are solely the responsibility of each Member.  If you have a dispute with another Member, you must resolve the dispute directly with the Member. herBNB may, but is not required to, assist in resolving any disputes between Members.

As a Guest, you are responsible for leaving the Rental Property in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and you are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Rental Property. As a Guest, you further acknowledge and agree that (a) although herBNB’s insurance policy discussed above may pay a maximum benefit to the Host for damages that you cause up to the policy limit, you remain fully responsible for the care and condition of the Rental Property and for any damage to the Rental Property, and (b) you remain fully responsible for any damages that are not covered by herBNB’s insurance policy or that exceed the policy limits.  In such situations where you have caused damages, you agree to immediately remit payment for any damage to the Rental Property to the applicable Host.

If you are a Guest, you understand and agree that herBNB reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to a Rental Property or any personal or other property located at a Rental Property. You agree to cooperate with and assist herBNB in good faith, and to provide herBNB with such information as may be reasonably requested by herBNB, 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 herBNB may reasonably request to assist herBNB in accomplishing the foregoing.

Foreign Currency

herBNB’s online platform facilitates bookings between Guests and Hosts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the herBNB 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.  Currently the herBNB platform supports pricing and payments in USD, EUROS.

Each foreign currency conversion is processed at a foreign currency conversion rate for the amount of one 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.

Additional Definitions

“Display Currency” means the currency in which users view Listing prices on the herBNB platform. Guests may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies (currently USD, EUROS and GBP).

“Booking Currency” means the currency in which a Guest has to pay for his or her booking. At the time the Guest submits a booking request, the herBNB platform will select the Booking Currency, based on the Guest’s country of origin and the payment methods available for that country. herBNB supports only a certain number of currencies as Booking Currencies (currently USD, EUROS and GBP). The Booking Currency for a booking may be different from the relevant Listing Currency.

“Listing Currency” means the currency in which a Listing’s price is set. The Listing Currency is set by the Host.

“Payout Currency” means the currency in which a Host’s payout will be paid to the Host. The Payout Currency is determined by the Host’s location (only for supported currencies, currently, USD, EUROS).

“Base Exchange Rate” means a system-wide rate used by herBNB 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 herBNB. herBNB establishes the Base Exchange Rate using data from one or more third parties such as BCE (ecb.europa.eu).

“Adjusted Exchange Rate” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by herBNB for its holding costs and foreign currency risks.

herBNB will process a foreign currency conversion in certain situations as determined by herBNB

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 the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you may be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.

herBNB updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, herBNB does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.

Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to herBNB.  As a Host, you acknowledge and agree that third-party payment processor and/or bank or wire transfer fees may be deducted from payouts to Hosts.

User Conduct

You may not 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 Site, App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site 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 App. herBNB reserves the right to bar any such activity.

You may not probe, scan or test the vulnerability of the Site, App or any network connected to the Site or App, nor breach the security or authentication measures on the Site, App or any network connected to the Site or App. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or App, or any other customer of herBNB, or exploit the Site or App or any service or information made available or offered by or through the Site or App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site or App.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to herBNB on or through the Site or App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, App, Services and Materials. In connection with your use of the Site, App, Services and Materials, you may not and you agree that you will not:

• offer, as a Host, any Rental Property that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Rental Properties as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);

• offer, as a Host, any Rental Property that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, without limitation, a property rental agreement;

• register for more than one herBNB Account or register for a herBNB Account on behalf of an individual other than yourself;

• unless herBNB explicitly permits otherwise, request or book a stay at any Rental Property if you will not actually be staying at the Rental Property yourself;

• contact a Host for any purpose other than asking a question related to a booking, Rental Properties or Listing;

• contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, App and Services;

• recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to herBNB, without herBNB’s prior written approval or include listings or links to third party websites in your Member Content;

• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

• use automated scripts to collect information from or otherwise interact with the Site, App, Services or Materials;

• use the Site, App, Services or Materials to find a Host or Guest and then complete a booking of a Rental Property independent of the Site, App or Services, in order to circumvent the obligation to pay any Service Fees related to herBNB’s provision of the Services or for any other reasons;

• as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

• use the Site, App, Services or Materials for any commercial or other purposes that are not expressly permitted by these Terms;

• copy, store or otherwise access any information contained on the Site, App, Services or Materials for purposes not expressly permitted by these Terms;

• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

• interfere with or damage our Site, App or Services, 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;

• use our Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

• use our Site, App, Services or Materials in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;

• “stalk” or harass any other user of our Site, App, Services or Materials, or collect or store any personally identifiable information about any other user other than for purposes of viewing a travel review or transacting as a herBNB Guest or Host;

• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

• systematically retrieve data or other content from our Site, App or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

• use, display, mirror or frame the Site, App, Services or Materials, or any individual element within the Site, App, Services or Materials, herBNB’s name, any herBNB trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, App or Services, without herBNB’s express written consent;

• access, tamper with, or use non-public areas of the Site, App or Services, herBNB’s computer systems, or the technical delivery systems of herBNB’s providers;

• attempt to probe, scan, or test the vulnerability of any herBNB system or network or breach any security or authentication measures;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by herBNB or any of herBNB’s providers or any other third party (including another user) to protect the Site, Services, App or Materials;

• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, App or Materials to send altered, deceptive or false source-identifying information;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, App or Materials; or

• advocate, encourage, or assist any third party in doing any of the foregoing.

herBNB has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

herBNB may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against herBNB or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of herBNB , its users, or members of the public . You acknowledge that herBNB has no obligation to monitor your access to or use of the Site, App, Services or Materials or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, App and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. herBNB reserves the right, at any time and without prior notice, to remove or disable access to any Materials that herBNB, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.

Pursuant to 47 U.S.C. Section 230 (d), as amended, 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. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation (http://www.eff/org/pub/Censorship/Ratings_filters_labelling/) and of America Links Up (http://www.netparents.org/parentstips/browsers.html).  We do not endorse any such products or services.

Privacy

Your use of this Site, the Services and the App is governed by the herBNB Privacy Policy, which is available at https://www.herBNB.com/pages/privacy-policy (the “Privacy Policy”).

Ownership

The Site, App, Services, and Materials are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, App, Services and Materials, including all associated intellectual property rights, are the exclusive property of herBNB and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App, Services, or Materials. All trademarks, service marks, logos, trade names and any other proprietary designations of herBNB used herein are trademarks or registered trademarks of herBNB. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

herBNB Referral Program

As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, App and Services, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. The terms and conditions of the Referral Program are available on this link, which are incorporated by reference into these Terms.

Specific Terms Regarding herBNB Travel Credits

“Travel Credits” are issued by herBNB as credits toward future confirmed bookings made by Members via the Site, App and Services. herBNB Travel Credits may only be redeemed for confirmed bookings via the Site, App and Services and after you accrue herBNB Travel Credits, such herBNB Travel Credits will be automatically applied to your next confirmed booking made via the Site, App and Services. herBNB Travel Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem herBNB Travel Credits after the herBNB Travel Credits are reflected in your herBNB Account. The scope, variety, and type of services and products that you may obtain by redeeming herBNB Travel Credits can change at any time.

herBNB Travel Credits expire one (1) year maximum from the date that any herBNB Travel Credits are last accrued in your herBNB Account. herBNB will notify you at the email address you provided during Account registration within thirty (30) days of when the herBNB Travel Credits in your herBNB Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of herBNB Travel Credits, please contact us at support@herbnb.com. herBNB may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at herBNB’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of herBNB Travel Credits. Where applicable, herBNB may be required to account for VAT on any services for which the herBNB Travel Credits are redeemed.

Without limiting any other terms of these Terms and subject to applicable law, all herBNB Travel Credits are forfeited if your herBNB Account is terminated or suspended for any reason, in herBNB’s sole discretion, or if herBNB discontinues providing the Site, App, Services or the Referral Program.

herBNB Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, herBNB grants you a limited, non-exclusive, non-transferable license, to (i) access and view any herBNB Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, App, Services, or Materials, 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 herBNB or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content (such as travel reviews). By making available any Member Content on or through the Site, App and Services, you hereby grant to herBNB a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, App and Services. herBNB does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, App and Services or you have all rights, licenses, consents and releases that are necessary to grant to herBNB the rights in such Member Content, as contemplated under these Terms;  (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or herBNB’s use of the Member Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) your Member Content and your postings will not defame any person, business, location or property.

Links

This Site, App and Services may be linked to other sites that are not herBNB sites.  herBNB is providing these links to you only as a convenience, and herBNB is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. You will need to make your own independent judgment regarding your interaction with these sites.

Feedback

Any feedback, suggestions or the like regarding the Services that you provide at this Site or through the App (“Feedback”) shall be deemed to be non-confidential. herBNB shall be free to use such Feedback on an unrestricted basis.  You hereby irrevocably and perpetually grant to herBNB a royalty-free, fully-paid up license to use, reproduce, prepare derivative works of, modify, publicly perform, publicly display, make, have made, sell and offer to sell Feedback alone or as incorporated in any herBNB products or services.

Copyright and Trademark Infringements

Only the intellectual property rights owner or the owner’s authorized agent is permitted to report potentially infringing materials through herBNB’s reporting system set forth below. If you are not the intellectual property rights owner or the owner’s authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Notification: herBNB respects the intellectual property rights of others, and we require you to do the same when interfacing with the Site and/or App.

Member Content and unauthorized use of any Materials or Third Party Content contained on the Site and/or App may violate applicable laws and regulations. You agree to indemnify and hold herBNB and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) that herBNB or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site and/or App or the use of the Site and/or App by any person using your user name and/or password (including without limitation, your Member Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

herBNB may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site and/or App for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site and/or App, please provide herBNB’s designated agent the following information:

• 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 and/or trademarked work claimed to have been infringed, or, if multiple works at a single online Site and/or App are covered by a single notification, a full 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 at the Site and/or App, and information reasonably sufficient to permit herBNB to locate the material.

• Information sufficient to permit herBNB 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.

• 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.

• 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.

• herBNB’s agent for notice of claims of copyright or trademark infringement on the Site and/or App can be reached at:

By e-mail: support@herBNB.com

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.

Suspension, Termination and herBNB Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your herBNB Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your herBNB Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, App, Services, your herBNB Account, your Member Content, or receive assistance from herBNB Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Rental Properties with other Hosts that may be available on the Site, App and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your herBNB Account. We also may remove all of your Member Content, such as travel reviews.  You may cancel your herBNB Account at any time via the “Cancel Account” feature of the Services or by sending an email on this link. Please note that if your herBNB Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, App and Services, including, without limitation, any reviews or Feedback.

Disclaimers

YOU UNDERSTAND AND AGREE THAT HerBNB IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS HerBNB A REAL ESTATE BROKER, AGENT OR INSURER OR BANK ESTABLISHMENT. HerBNB HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APP AND SERVICES OR ANY RENTAL PROPERTIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU USE THE SITE, APP, SERVICES OR MATERIALS AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HerBNB IS NOT OBLIGATED TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APP, SERVICES, MATERIALS AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HerBNB 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. HerBNB MAKES NO WARRANTY THAT THE SITE, APP, SERVICES, MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY RENTAL PROPERTIES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HerBNB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RENTAL PROPERTIES, YOUR ACCRUAL OF HerBNB TRAVEL CREDITS, THE SERVICES OR MATERIALS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MATERIALS OBTAINED THROUGH THE SITE, APP, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HerBNB OR THROUGH THE SITE, APP, SERVICES OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APP OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT HerBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APP OR SERVICES OR TO REVIEW OR VISIT ANY BUSINESSES OR PLACES REVIEWED IN A TRAVEL REVIEW OR ANY RENTAL PROPERTIES. HerBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APP OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APP OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APP OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HerBNB. HerBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

By using the Site, App or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from herBNB with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any travel reviews, bookings or Listings made by you. This limitation shall not apply to any claim by a Host against herBNB regarding the remittance of payments received from a Guest by herBNB on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Limitation of Liability

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 SITE, APP, SERVICES AND MATERIALS, TRAVEL REVIEWS, LISTINGS OR BOOKING OF ANY RENTAL PROPERTIES VIA THE SITE, APP AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR VIEWING OF TRAVEL REVIEWS, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HerBNB WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HerBNB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APP, SERVICES, MATERIALS OR THE REFERRAL PROGRAM 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 TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APP, SERVICES OR MATERIALS, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APP, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY RENTAL PROPERTY VIA THE SITE, APP AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HerBNB 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 HerBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APP AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM ANY TRAVEL REVIEWS, LISTINGS OR BOOKING OF ANY RENTAL PROPERTY VIA THE SITE, APP AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APP, SERVICES, OR MATERIALS OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY RENTAL PROPERTY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APP AND SERVICES 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 HerBNB TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$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 HerBNB 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.

Indemnification

You agree to indemnify, defend and hold herBNB and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, App, Services, or Materials or your violation of these Terms; (b) your Member Content or reliance on Member Content; (c) your (i) interaction with or disputes with any Member, (ii) booking of a Rental Property, or (iii) creation of a Listing; (d) the use, condition or rental of a Rental Property by you, including but not limited to any injuries, losses, or damages (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; and (e) your participation in the Referral Program or your accrual of any herBNB Travel Credits.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the App except as authorized by United States law, the laws of the jurisdiction in which you obtained the App, and any other applicable laws. In particular, but without limitation, the App may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on 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. By using the Site, App and Services, you represent and warrant that (i) neither you nor your listed Rental Property is located 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. You also will not use the Site, App and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. herBNB does not permit Listings associated with certain countries due to U.S. embargo restrictions.

Reporting Misconduct

If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and then promptly (no later than twenty-four (24) hours after reporting to authorities) to herBNB by contacting us with your police station and report number at support@herbnb.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Dispute Resolution and Binding Arbitration Provision

Definitions.  As used in this Arbitration Provision, the terms “herBNB,” “we,” “us,” and “our” refer to herBNB, 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 Products.  The word “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Site, App and/or Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.

Governing Law. If you are contracting with herBNB, Inc., these Terms are governed by the laws of the State of California (without regard to its conflicts of law provisions) including U.S. federal law. If you are contracting with herBNB Europe, these Terms are governed by the laws of France (without regard to its conflicts of law provisions).

Informal Efforts to Resolve Dispute.  If a dispute arises between you and herBNB, you should first attempt to resolve it by contacting our Customer Service Representatives at info@herbnb.com.  We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.

Agreement to Arbitrate; Right to Opt Out.  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 terms of this Agreement 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.

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

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, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.

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, App 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 the European Union, the arbitration will be conducted by the JAMS in San Francisco, California, under its rules for international arbitration, and you and we 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 we 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 Arbitration Provision, this Arbitration Provision shall govern and control.

The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators.  If you and we can’t 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 http://www.jamsadr.com, or by calling 1-800-352-5267 FREE from inside the United States or +44 207 583 9808 from outside the United States.

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

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.

Arbitration Process.  Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this 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 this Agreement 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.

Recovery and Attorneys’ Fees.  If the arbitrator rules in your favor on the merits of any Claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then we will (i) pay you 150% of your arbitration damages award, up to $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of 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 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, App and/or Services was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and herBNB 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.

Confidentiality.  You and we 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 Arbitration Provision and, with the exception of disclosure to your or our 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.

Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to or use of any Site, App and/or Services and related agreements. If any portion of this 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 Arbitration Provision.

herBNB Customer Service:

herBNB, LLC
Email: info@herbnb.com

General

The failure of herBNB 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 herBNB. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between herBNB and you regarding the Site, App, Services, Materials, Referral Program, and any travel reviews, bookings or Listings of Rental Properties made via the Site, App and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between herBNB and you regarding bookings or listings of Rental Properties, the Site, App, Services, Materials, travel reviews and Referral Program.  You may not assign or transfer these Terms, by operation of law or otherwise, without herBNB’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. herBNB may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.  Any notices or other communications permitted or required hereunder, including those regarding changes to these Terms, will be in writing and given by herBNB (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

HerBNB is not affiliated, endorsed, or otherwise associated with Airbnb

Contacting herBNB

If you have any questions about these Terms, the Site, Services or the App, please contact herBNB at info@herbnb.com.