Host / Plum Agreement
The following terms apply if your Accommodations are located inside the United States. For Accommodations outside the United States, please refer to the relevant Host/Plum Agreement linked here.
1. What is this?
1.1. This is an agreement between you, the Plum Guide Host seeking to list your Accommodation on The Plum Guide website, and us, Plu&m USA Inc (the “Plum Guide”). This agreement is subject to, and made a part of, the Plum Guide Terms of Service.
1.2. These terms set out the terms and conditions binding on you as Host and us in relation to your use of the Plum Guide services.
1.3. Please note that your rights and obligations relating to each Booking of your Accommodation by a Guest are set out in the Guest/Host Agreement.
2.1. We will prepare your Listing including photographs and floorplans. You agree that, provided that we do not include any information in your Listing which is inaccurate, untrue or misleading, we have complete discretion in relation to the information we provide in the Listing, the features of your Accommodation that we highlight and the photographs of your Accommodation that we use (if any).
2.2. We may choose to send a photographer to take photographs of your Accommodation which, if your Accommodation is accepted as a Plum Guide property, we may use in its Listing.
We own all rights in any photos, text or information that we (or our agents) create or develop in relation to your Accommodation. This means that you cannot use these photos (or information/text) elsewhere without our permission.
If we ask you to provide us with photos of your Accommodation or we use photos listed on other distribution sites, you grant to us (and our group companies (meaning any subsidiary or holding company of Plu&m Limited and any subsidiary of any holding company)) a non-exclusive licence to copy, use, amend, modify (including for example, to crop or remove any copyright notices or watermarks), distribute and display these photos, in relation to the marketing of your Accommodation for as long as your Accommodation is listed in the Plum Guide.
2.3. Once we have prepared your Listing, we will send it to you. You must read the Listing carefully and notify us immediately if there are any statements in the Listing that are untrue, inaccurate or misleading. We rely on you to ensure that your Listing is a true and accurate description of the Accommodation at all times.
2.4. At the same time as sending your Listing to you for approval we will also need you to input your pricing and sync your calendar and we will send you details on how to do this. It is your responsibility to ensure that these are accurate and up to date at all times.
We will require you to provide your bank details so we can pay you. We will also require you to provide a credit card for the rare occasions in which we have to receive money from you, for example, if you needed to reimburse a guest for any reason. We will never charge your card without notification to you.
You must also provide details of any House Rules that you require Guests to be bound by and you must carefully consider the terms of the cancellation policy options and input into the Host dashboard which cancellation policy you want to apply to Bookings of your Accommodation.
You must complete all requested information within 48 hours of receiving the details.
2.5. Once you have provided this information we will arrange for your Listing to go live on our website.
2.6. You agree that you will keep the calendar availability in the Listing up to date.
2.7. You agree that we shall be solely responsible for the order and manner in which your Accommodation is featured in the Plum Guide.
2.8. You must inform us immediately if there are any changes to your Accommodation from the information contained in your Listing.
2.9. We reserve the right to amend and update your Listing as we see fit, provided that we do not include any inaccurate, untrue or misleading information. We will require you to confirm to us within 48 hours of request that any changes are not untrue, inaccurate or misleading.
If we do not have your confirmation within 48 hours of request then this will be a deemed representation from you that the changes are true, accurate and not misleading.
3.1. Your Accommodation will be “nominated” until it has been tested.
The timing of testing your Accommodation depends on its location, timing of the first Booking and other factors and will be discussed with you in advance. Once testing is approved for your Accommodation by Plum, we will arrange a time to send a home critic to test your Accommodation.
The testing process may take up to 4 hours, and will require you (or your representative that knows the property exceptionally well) to be present. If you or your representative choose not to be present at any time during the home critic’s visit then you confirm that you are leaving the Accommodation at your own risk and that you agree that we are excluded from all liability relating to damaged or missing items or damage to the Accommodation.
3.2. We charge an On-Boarding Fee for testing, creating the Listing, and the Plum Award assets set out in Clause 11.3 below ("On-Boarding Fee”). You agree that the On-Boarding Fee is without prejudice to any other claims we may have against you.
3.3. As soon as possible after testing we will notify you whether or not your Accommodation has passed our testing procedure and been elevated to being a Plum Awarded Plum Guide property.
4. Plum Award
4.1. If your Accommodation is tested in accordance with Clause 3 above and passes, we will officially certify it as one of the best in your area by providing you access to the much-coveted Plum Award logo(s) to tell your Guests you have a Plum Award.
Your licence to use these Plum Award logo assets lasts for as long as your Accommodation is Plum Awarded and listed in the Plum Guide.
In the event that your Accommodation is no longer listed in the Plum Guide or it loses its Plum Award, then you agree to immediately stop using Plum Award references and logo and return to us hard copies of any Plum Award assets that you have.
4.2. We may remove your right to display any of the Plum Award assets, or your right to otherwise associate yourself with the Plum Guide, at any time (and for any reason) on notice to you.
5. Our obligations and agreements with you
5.1. Once your Listing is live on the Plum Guide website we will be delighted to welcome you into the Plum Guide and we will:
5.1.1. use reasonable endeavours to market and promote your Accommodation; and
5.1.2. at our discretion highlight your Accommodation from time to time on websites, apps, social media platforms and other relevant media, including third party media.
6. Your obligations and agreements with us
6.1. You agree with us that:
6.1.1. you will comply with all of your obligations in the Terms of Service and the Guest/Host Agreement applicable to each Booking and shall immediately pay to us any costs, expenses or charges reasonably incurred by us (including those that are payable to any Guest) as a result of your non-compliance with the Terms of Service and/or Guest/Host Agreement;
6.1.2. if the Guest make a chargeback request despite the restrictions on them doing so set out in Clause 5 “Charges, Fees and Payments” of the Terms of Service, including the requirement to explore mediation and/or arbitration first, you will use all reasonable endeavours to assist us in our defence of any chargeback request including providing us with all information and evidence that we reasonably request. We do not tolerate chargeback fraud;
6.1.3. unless the chargeback was a result of fraudulent credit card use, if a Guest’s chargeback for a Booking is successful then, within 7 days of our notification to you that a chargeback has been successful, you will pay to us (to the extent that they have been the subject of a successful chargeback): the Accommodation Charges, the Plum Service Fee and any other payments due from the Guest. For the avoidance of doubt we will retain our Host Service Fee;
6.1.4. you will take out appropriate insurance to cover the booking and rental of your Accommodation;
6.1.5. as set out in Clause 2.3 above, you will ensure that your Listing is at all times true and not misleading;
6.1.6. you will indemnify us for any losses we suffer as a result of any claims made by Guests for misrepresentation in the Listing of your Accommodation;
6.1.7. if before the start of a Booking you become aware of anything that would adversely affect a Guest’s stay (for example nearby building work) you will immediately notify us and the Guest;
6.1.8. you will use best efforts to accept or reject ‘request to book’ Booking Requests within 24 hours of the Booking Request being made. You understand and agree that if you do not respond to a Booking Request within 24 hours of the Booking Request then we are entitled (but not obliged) to cancel the Booking Request without notice to you;
6.1.9. listing your Accommodation with us and the subsequent occupation of your Accommodation by Guests will not breach the laws and regulations that apply in the Accommodation’s country, state, town, city, and/or building (including any superior lease obligations) and nor will it breach the applicable European Laws (as defined in the Terms of Service) including laws or regulations that restrict you as Host having paying Guests at all and/or for short periods;
6.1.10. unless you have opted out of this service, we have the right to use any photos of and Listing copy for your Accommodation on any marketing channels that we use in addition to the Plum Guide website;
6.1.11. you will not enter the Accommodation during any rental period other than in accordance with the provisions of the Guest/Host Agreement;
6.1.12. we are authorized to:
a) conclude Bookings between you and Guests;
6.1.13. you have the legal right to grant the Guest a licence to occupy the Accommodation on the terms set out in the Booking Confirmation and the Guest/Host Agreement;
6.1.14. it is your responsibility to obtain any additional consents that are required, and to pay any additional costs that may be payable, in order grant to the Guest a licence to occupy your Accommodation;
6.1.15. you will provide fire and health & safety guidance, which shall include information about fire exits, at least one first aid kit, smoke alarms, carbon monoxide alarms where necessary and details of the water and gas shut-offs;
6.1.16. you will provide the Accommodation to Guests in clean and sanitary condition, and free from rubbish with clean bedding and bathroom towels and you will ensure that this is all in place before the stated check-in time on the Listing (not any rearranged check-in time with the Guest);
6.1.17. all essential appliances in the Accommodation (which includes all appliances referred to in the Accommodation Listing) shall be in full working order together with heating and where applicable air conditioning systems;
6.1.18. you will provide the Accommodation in the same condition and standard as advertised in your Listing on the Plum Guide and are responsible for immediately notifying us of any changes to the Accommodation;
6.1.19. you understand the circumstances in which the Guest would be entitled to a refund under the Guest Refund Policy in the Terms of Service and will use your reasonable endeavours to ensure that the situations that could lead to a Guest making a Refund Claim do not arise;
6.1.20. you must ensure that the Guest is able to check in to the Accommodation at the check-in time (or other such mutually agreed time to allow for late arrival);
6.1.21. you will honour any Bookings made through the Plum Guide even if you are no longer a Plum Guide Member at the time of a Guest’s stay;
6.1.22. you have provided us with all House Rules that need to be included in your Listing including any restrictions that may be placed on the Guest’s occupation and use of the Accommodation imposed by third parties such as lease covenants and/or building rules; and
6.1.23. you have considered the cancellation policy options carefully and you understood their effect before choosing the cancellation policy that you would like to be applied to Bookings of your Accommodation.
7. Renewal and removal of listings
7.1. We reserve the right, at any time and without prior notice, to remove or disable access to your Listing for any reason – either temporarily or permanently – including Listings that we determine (in our sole discretion) are objectionable for any reason. Any removal of your Listing under this paragraph shall be without prejudice to our obligation to pay you any undisputed sums that we have received from Guests for Bookings of your Accommodation made prior to the removal of the Listing.
7.2. If you wish to withdraw your Listing for any reason, please notify us at email@example.com with as much notice as possible to avoid Guest disappointment. You are required to honour all Bookings made through the Plum Guide before your withdrawal.
8. Booking process
8.1. Whether you are on instant book or request to book a Guest will book your Accommodation by providing us with their personal information, order requirements and payment card details. Our system will then automatically produce a Booking Request setting out details of the Guest’s Booking and requiring the Guest to confirm acceptance of the terms of the Guest/Host Agreement.
8.2. If you are on "instant book”, our systems will confirm that the dates requested by the Guest are available in your calendar and we will instantly send an automated Booking Confirmation to you and the Guest. Homes on instant book are prioritised in our search results and are spotlighted in our email newsletters. You may transfer to “request to book” if you wish to do so at any time.
8.3. If you are on “request to book ”, our system will send to you the Booking Request and require you to confirm that you are willing to provide the requested Accommodation on the specified dates. There is an expectation that you will provide your confirmation within 24 hours. Please note that we monitor messages between Hosts and Guests on the Plum Guide platform. If we deem necessary we will help you or the Guest with answering any of the questions that may arise. We also have complete authority to review and remove messages that we deem inappropriate.
8.4. The dispatch of the Booking Confirmation will constitute your acceptance of the Guest’s offer to occupy your Accommodation on the terms set out in the Booking Confirmation and the Guest/Host Agreement .
8.5. Where a requirement for price parity is permissible by Local Laws and regulations and a Guest has made a Best Price Guarantee claim then, if we feel that you have knowingly listed your Accommodation on the Plum Guide at a higher daily rate than on alternative platforms/websites, we may at our sole discretion, charge you the monetary difference between the two sets of charges, plus 50 GBP / 50 EUR / 70 USD compensation (each of which we shall then pay to the Guest).
8.6. While payment is generally required from Guests upon making the Booking, you acknowledge and accept that our obligation to make payment to you of the Accommodation Charges is subject to and conditional upon our successful receipt of the corresponding amount from the relevant Guest. We agree that we will inform you on the rare occasions that payment is not made at the time of making the Booking.
8.7. We may round up or round down amounts that are payable from or to Guests or Hosts, as reasonably necessary for currency conversion purposes.
8.8. You are solely responsible for determining and paying any and all taxes which may arise from the rental of your Accommodation through the Plum Guide.We do not offer any tax advice to Plum Guide Hosts.
8.9. We may use payment services providers to deliver payments to you. Such payment services will be subject to third party Terms of Service and Privacy Policies which will be made available to you.
9. Guest due diligence
9.1. You acknowledge that we do not check Guests’ backgrounds (including, for example, whether they have a criminal record). We carry out ID checks through a third party provider who investigate the Guest’s ID on the majority (as judged appropriate by us) of instant book Bookings.
9.2. If we provide a description of a Guest, or background information in relation to their interactions with the Plum Guide and/or any other Hosts, it is for your information only and is confidential. Please do not rely on this information and make sure you do your own due diligence before accepting a Booking from a Guest.
9.3. We are not responsible to you for the acts or omissions of any Guest staying at your Accommodation, for fraudulent bookings or for or anyone that the Plum Guide Guest permits to visit or stay in your Accommodation.
10. Cancellations and refunds
10.1. Where a Guest cancels their Booking in accordance with the Terms of Service you agree to comply with the terms of your Host’s Applicable Cancellation Policy and shall refund any amounts due from you accordingly, and you authorize us to make payments to the Guest on your behalf if we are holding monies on your behalf as your collection agent.
10.2. Once a Guest’s Booking has been confirmed, you are not permitted to cancel that Booking other than in extraordinary circumstances that mean it is impossible for you to provide the Accommodation on the required dates or to the required standards. If this is the case, you must notify us immediately and provide such evidence as we need to verify the situation and comply with the Guest Refund Policy in the Terms of Service.
10.3. In the event that the Guest is entitled to a refund under the Guest Refund Policy (as set out in the Terms of Service ) then you will be liable to us on demand for:
10.3.1. the Accommodation Charges paid by the Guest for the Booking;
10.3.2. any fees or payments that the Guest paid for additional services when they made their Booking; and
10.3.3. to discourage Host cancellation of Bookings, a penalty charge for cancellation, equivalent to 20% of the Accommodation Charges for the Booking (provided that at our sole discretion we may reduce this 20% as we deem appropriate);
a) for the avoidance of doubt we agree that, if Clause 6.11 of the Terms of Service apply, or the Host rehomes the Guest through the Plum Guide to our and the Guest’s satisfaction, or in a Host cancellation the Host cancels both:
i. within 24 hours of the Booking Confirmation; and
ii. more than 7 full days in advance of the start of the Booking we will not charge the 20% set out in 10.3.3 above;
b) to the extent that we are not holding the amounts in Paragraph 10.3 on your behalf, you expressly authorize us to deduct the relevant monies from the credit card that you provided when your Listing was created. If this credit card is no longer in use then you agree to immediately provide us with an updated payment card so that we can deduct the relevant monies. Note we will not make a deduction on your credit card without notifying you first;
c) ownership in any monies that we hold on your behalf as your collection agent for the Booking transfers to us immediately on our determination that the Guest is due a refund; and
d) we will retain the Host Service Fee for the Booking.
10.4. In the event that we are unable to charge the relevant monies to your credit card, we expressly reserve the right to set off the amount from any future Booking(s).
11. Fees and payments
11.1. It is your responsibility to input your Accommodation Charges into the Plum Guide website provided that you agree that you will not charge any per-night accommodation fees or fees for additional services that are higher than those displayed on any other service, website or platform (including your own service, website or platform).
11.2. To cover our administrative costs of the services we provide, we charge a service fee when a Booking is confirmed (a Plum Service Fee). We have two fee structures: a Host-only fee (where the Host pays a service fee) and a Split-fee (where the Host and the Guest pay a service fee).
In the Host-only fee structure we will charge the Host a service fee of typically between 16.5% and 18.5% of the total Accommodation Charges plus applicable sales taxes for each Booking.
In the Split-fee structure we will charge the Host a service fee of typically 3% of the total Accommodation Charges plus applicable sales taxes for each Booking. Guests pay an additional service fee plus applicable sales taxes for each Booking. This fee varies based on a variety of booking factors and is included in the final price displayed
You expressly agree that we are entitled to deduct the Plum Service Fee from the Accommodation Charges before we remit any monies to you.
11.3. We charge a one-time Host On-boarding Fee per home to help cover the cost of testing each home, creating the Listing, and the Plum Award assets. This fee is 300 GBP / 300 EUR / 400 USD/ 3000DKK / ILS1500 plus applicable sales taxes and is deducted from the first Host payout. In the event that Plum informs a Host that it is currently unable to test its home due to the location, Plum will not charge the On-Boarding fee until testing becomes available.
11.3.1 Plum guide reserves the right to charge an additional fee of 150 GBP / 150 EUR / 200 USD if the Host:
a) provides us with incomplete or incorrect information prior to, or during the testing of the Accommodation; or
b) if the Host moves the time slot agreed for testing with less than 24 hours' notice, or the home critic arrives and is not able to complete the test; or
c) if, after testing, the Host decides that we may not list their Accommodation.
11.4. Where we charge Guests a Plum Service Fee for Bookings (as set out in the Terms of Service ) you expressly agree that the Plum Service Fee shall be retained by us and not remitted to you .
11.5. You expressly appoint us to act as your collection agent solely for the limited purpose of accepting and, where applicable, making refunds to the Guest on your behalf.
11.6. Subject to Paragraphs 11.7 and 11.8 below, we will transfer funds to you as follows:
11.6.1. we shall transfer the Accommodation Charges (less any deductions set out in this Agreement) to your nominated bank account on the closest Friday, 24 hours after your Guest has checked in provided that if the Booking and check-in occurs within the same week, the payment will be made the following Friday; and
11.6.2. we shall transfer any part of the Security Deposit that has been paid to us under the provisions of the Terms of Service to you within 14 days after we are satisfied that the sums are properly due and payable to you in relation to damage to your Accommodation.
11.7. In the event of bookings for longer than 30 days we reserve the right to use different payment scheduling. In the event this Paragraph applies we will inform you in advance of the booking being confirmed.
11.8. Notwithstanding Paragraphs 11.5, 11.6 and 11.7 above, we will not be obliged to transfer any amounts to you if there has been a dispute raised by the Guest in relation to their Booking and/or a deduction from the Security Deposit, in which case we will not make the transfer of any amounts due to you until any such dispute has been resolved.
12. Property damage and security deposit
12.1. You accept that there will be reasonable wear and tear to your Accommodation over time. However, if you are able to demonstrate that your Accommodation (or any part of it) is damaged during a Guest’s stay, beyond reasonable wear and tear, you may instruct us to deduct the cost of the relevant damage from the Guest’s Security Deposit and the relevant provisions of the Terms of Service shall apply. Please note that:
12.1.1. we will only be able to recover the stipulated payment on your behalf to the extent that we are able to charge the relevant Guest’s card for the Security Deposit;
12.1.2. while we will provide you with all reasonable assistance, you will need to pursue the Guest separately in respect of any damage, the cost of which exceeds the Security Deposit; and
12.1.3. Guests may initiate the complaints procedure specified in Clause 7 “Complaints and Dispute Resolution” of the Terms of Service if they dispute the proposed deduction. If we are unable to recover payment, we are not liable to compensate you and you need to rely on your insurance and/or your own claim against the Guest.
12.2. You must notify us within 48 hours after your Guest’s departure if damage has been caused to the Accommodation. If you do not make a notification within 48 hours, we will presume that the damage has not been caused by the Guest.
12.3. You should check the terms of any insurance policy that you take out carefully to ensure that they do not exclude losses caused by the acts/omissions of the Guests or other visitors to the Accommodation.
12.4. You are not permitted to charge Guests an end-of-stay cleaning fee as an additional cost. However, if you are able to demonstrate that the Accommodation is heavily soiled and that in your reasonable opinion industrial cleaning is required after a Guest’s stay, you may, subject to your notifying us within 48 hours after the Guest’s departure, request us to make appropriate deductions from the Security Deposit.
13.1. If a Guest overstays at your Accommodation, we will seek to recover payment from the Guest of the relevant overstay fee set out in Clause 4 “Booking Accommodation” of the Terms of Service. While we will use all reasonable efforts to recover payment from the Guest, if we are unable to recover payment, we are not liable to compensate you. If we do recover payment we will pay to you any parts of the overstay fee that relate to Accommodation Charges and your costs and expenses within 14 days of receiving the payment from the Guest.
14.1. In the event that there is a problem with a Guest’s stay at the Accommodation you agree to follow the procedures set out in Clause 7 “Complaints and Dispute Resolution” of the Terms of Service.
15.1. You agree that you have sole responsibility to determine and comply with your obligations to collect, pay and report any applicable sales taxes, indirect sales tax, occupancy tax, tourist or visitor taxes or income taxes (“Taxes”) in relation to Bookings. You also agree that it is your responsibility to include and incorporate any applicable Taxes in your Accommodation Charges.
15.2. Tax regulations may mean that we have to collect Tax information from you. They may also mean that we have to hold back an amount equivalent to Taxes from payments that we make to you. If you don’t provide us with the necessary Tax information under applicable law to enable us to comply with any obligation that we have to keep back Taxes from payments to you, then we are entitled to keep back payments to you to the same value as the relevant Taxes until the obligation has been complied with.
15.3. You agree and understand that (depending on where your Accommodation is located) certain Taxes may be calculated as a percentage of the Accommodation Charges, an amount per day or other method of calculation. These Taxes:
15.3.1. are set by appropriate governmental agencies, departments or other authorities (“Tax Authority”);
15.3.2. must be collected from Guests; and
15.3.3. may be referred to as (amongst other things) tourist tax, occupancy tax, city tax, room tax or other names. For the purposes of this Agreement they will be referred to as “Tourist Taxes”. You understand and agree that Tourist Taxes need to be paid to the relevant Tax Authority.
15.4. We may decide in our sole discretion to collect and pay to the relevant Tax Authority the Tourist Taxes due on Bookings. We will do this in accordance with the terms of this Agreement and the Terms of Service ("Collection and Payment").
15.5. We may decide to implement direct Collection and Payment where the appropriate jurisdiction requires either us or you, as Host, to collect and pay Tourist Taxes. If we do decide to implement direct Collection and Payment, you hereby instruct and authorize us to collect Tourist Taxes from your Guests on your behalf. We will do this when we collect Accommodation Charges for a Booking and we will remit the appropriate Tourist Taxes that we collect to the relevant Tax Authority.
15.6. Even in jurisdictions where we and/or you are not required to collect and pay Tourist Taxes, we may decide in our sole discretion to collect Tourist Taxes from your Guest and pay these Tourist Taxes to you if you provide us with relevant tax information that shows that you are eligible and qualified to accept the Tourist Taxes. If we do this then you agree that you will report and pay the Tourist Taxes to the appropriate Tax Authority. You confirm and agree that you are solely responsible for calculating the Tourist Taxes due on a Booking and for including those in your Accommodation Charges on our website. You also agree that you are solely responsible for paying the Tourist Taxes directly to the relevant Tax Authority. We have no liability if you fail to comply with any applicable tax reporting or payment obligations.
15.7. If we collect Tourist Taxes when the Guest makes a Booking you agree that you will not collect any Tourist Taxes that we are collecting for the Booking.
15.8. You agree that if the Taxes that we collect and/or pay on your behalf do not fully discharge your tax obligations on a Booking then you will pay to us or the relevant Tax Authority the balance due. You agree that we have no liability to you other than our obligation to pay Tourist Taxes that we have collected on the Booking.
15.9. We may at any time stop Collection and Payment services provided that we will let you know if we do. This does not remove your liability to collect and pay relevant Taxes relating to Bookings to the appropriate Tax Authority.
16.1. Subject to Paragraph 16.3 b elow we shall not be liable to you for: (i) any loss of profits (whether direct or indirect), (ii) loss of business; (iii) loss of goodwill; (iv) loss of reputation or any other economic loss (in each case, whether direct or indirect) or for any indirect, consequential, or incidental damages or expenses of any kind; (v) any amounts that you pay, or are liable to pay, to any Guest (or any other person in relation to your Accommodation); (vi) loss of, damage to or corruption of data; (vii) any losses under the Guest/Host Agreement (viii) injury suffered by you; or (ix) losses or expenses incurred as a result of the conduct or misconduct of any Guest.
16.2. Our liability to you for all losses shall not exceed the fees that we have collected on your behalf but failed to pay to you in breach of this Agreement.
16.3. Nothing in this Paragraph 16 limits or excludes our liability for death or personal injury caused by our negligence (or the negligence of our agents or employees) or for fraud.
17.1. Where you are liable to pay any sums to us or to a Guest pursuant to this Agreement, the Guest/Host Agreement or the Terms of Service , you agree that we may (at our discretion) deduct the relevant sum from future payments due to you, in the event that you have not paid the relevant amount in the stipulated time period.
17.2. We shall not be in breach for failure or delay in fulfilling any of our obligations under this Agreement to the extent such failure or delay has been caused by any breach by you of this Agreement, or by any event outside of our control.
17.3. This Agreement, together with the terms contained in the documents referred to in this Agreement (which include but are not limited to the Terms of Service , the Guest/ Host Agreement, the cancellation policy that you choose to apply to your Bookings) constitutes the entire agreement between you and us and any other terms, conditions or prior representations whatsoever shall be of no effect unless expressly set out in this Agreement. Nothing in this Paragraph limits or excludes either party's liability for fraud.
17.4. If any term of this Agreement is found to be void or unenforceable by any court or authority of competent jurisdiction or is not permitted under applicable law, then all other provisions of this Agreement will remain in full force and effect and will not in any way be impaired provided the parties agree a replacement provision which is as close as is legally permissible to the provision found invalid or unenforceable.
17.5. This Agreement does not confer any rights on any person or party (other than the parties to this Agreement).
17.6. We shall be entitled to sub-contract or delegate our obligations under this Agreement without your consent, provided that we continue to remain ultimately responsible for the performance of those obligations.
17.7. This Agreement and any non-contractual obligations arising out of or in connection with it is governed by and is to be construed in accordance with the laws of New York excluding international conventions
17.8. The parties submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York for resolution of any lawsuit or court proceeding permitted under this agreement and the Terms of Service.
17.9. The parties agree to act in good faith and co-operate with each other to resolve any dispute including using professional mediation and/or arbitration by Hunt ADR in order to resolve the dispute (if they haven’t managed to do so within a reasonable time).
Last updated on: 2 December 2021