Guest Terms and Conditions
Last Updated: December 01, 2018
PLEASE READ THE FOLLOWING GUEST TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE HOMESTAYMATCH PLATFORM, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS.
Table of Contents
- Overview of HomestayMatch Services
- Eligibility and Guest Verification
- Modification of these Terms and Conditions
- Sign Up Process
- Booking Process and Payments
- Cancellation and Changes
- Guest Services and Procedures
- Guest Privileges, Limitations and Obligations
- Damages to Accommodation
- Reviews and Photos
- Acceptable Use Policy
- Reporting Misconduct
- User and HomestayMatch Content
- Term, Termination and Suspension of these Terms and Conditions
- Liability and Indemnification
- Miscellaneous Provisions
- Dispute Resolution and Arbitration Process
These Terms and Conditions are in addition to any other terms and conditions, rules and regulations that may apply to accounts you have with HomestayMatch or to any other services or information provided by HomestayMatch. Where appropriate, please review those specific terms.
Submission of any forms via the HomestayMatch Platform does not automatically qualify you for an Accommodation. Any requests or submitted applications are subject to review and approval by and at the discretion of HomestayMatch and confirmation by the applicable Host.
- Overview of HomestayMatch Services
- The HomestayMatch Platform is an online platform that connects local Hosts who provide accommodation in their home with students and professionals (Guests) who are seeking housing. When using the HomestayMatch Platform you are entering into an agreement with HomestayMatch and an agreement with the applicable Host when you book an Accommodation.
- HomestayMatch will provide housing through a Host listing their Accommodation on the HomestayMatch Platform. Selection of an Accommodation is subject to a Guest’s reservation dates, location and preferences specified during the search process as well as to the availability of the Accommodation at the time of the search.
- HomestayMatch verifies every Accommodation before listing the Accommodation on the HomestayMatch Platform. HomestayMatch will use its reasonable judgment in determining whether to accept a Host and Accommodation into the HomestayMatch Platform.
- HomestayMatch uses reasonable efforts to verify each Host’s identity and background, as well as suitability of their listed Accommodations, based on available resources. Despite HomestayMatch’s Host verification system, HomestayMatch does not act as an insurer of your experience as a Guest at the Accommodation. HomestayMatch makes no representations or warranties as to the background, history or other personal information of any Host. Your individual experience may vary from the Accommodation representation, reviews, communications, information or Host or Accommodation quality posted on the HomestayMatch Platform or received from HomestayMatch or the Host. For that reason, HomestayMatch is not responsible for and disclaims and is free of all liability related to any Host or Accommodation listing on the HomestayMatch Platform, including accuracy of description, photos, quality and reviews. Any Booking is made at the Guest’s own risk.
- Any references to a Host being “verified,” “approved,” or “checked” (or similar wording) only indicates that the Host has completed a relevant verification and identification process, and does not indicate anything else. This indication is not an endorsement or guarantee by HomestayMatch about any Host, including of the Host’s or other family member’s identity and whether the Host or other family member is trustworthy, safe or suitable. This indication is intended to be useful information for Guests to consider when they make their own decisions about the identity and relevance of Hosts whom they contact or with whom they submit a Booking Request via the HomestayMatch Platform. HomestayMatch advises you to always use your best judgment and act with sensibility and care when deciding whether to submit a Booking Request, stay at an Accommodation, or have any communication or interaction with the Host.
- HomestayMatch cannot guarantee stable, regular and constant availability of listed Accommodation listed because we rely on Hosts to provide and maintain up-to-date information. HomestayMatch requests Hosts to update their availability and profiles regularly, however, HomestayMatch cannot be responsible if an available Accommodation listed turns out to be unavailable.
- Key Terms
- “Accommodation(s)” refers to a private or shared (if applicable) furnished bedroom inside a Host’s home where Host resides, or a guest house at the property, except for a bedroom in a garage. It can be a spare room in apartment, house, condo, townhouse or any other type of housing available and accepted by HomestayMatch. A Host may list multiple, eligible Accommodations in their home.
- “Booking Request” refers to requesting Accommodation with a selected Host.
- “Booking” means a confirmed Accommodation with a selected Host for a designated period of time.
- “Content” means HomestayMatch Content and User Content.
- “Dashboard” means options and services available on Guest’s or Host’s profile on the HomestayMatch Platform. Hosts and Guests may navigate and update their account from the Dashboard.
- “Guest” refers to a person requesting Accommodation through the HomestayMatch Services with a Host. Guests may be international students, American citizens, U.S. Residents, interns, or professionals.
- “HomestayMatch Content” means content that HomestayMatch itself makes available on or through the HomestayMatch Platform, including proprietary HomestayMatch content and any content licensed or authorized for use by or through HomestayMatch from a third party, excluding User Content.
- “Host” refers to a person who offers and lists their Accommodation through the HomestayMatch Platform.
- “User” refers to Guests, Hosts and any other user of the HomestayMatch Platform.
- “User Content” refers to any information, descriptions, Reviews, photographs, applications, notifications, messages, or emails which are posted, listed, updated, displayed, sent, or shared on the HomestayMatch Platform by Users.
- As used in these Terms and Conditions, "you" or "your" or “Guest(s)” refers to you or to any other person you permit to use the HomestayMatch Platform and HomestayMatch Services on your behalf. "We" “us” or "our" refers to HomestayMatch or any agent, designee or contractor of HomestayMatch.
- “Including”, “includes” and the like mean “including, but not limited to”.
- Eligibility and Guest Verification
- The HomestayMatch Platform is intended for users who are at least 18 years old. By accessing and using the HomestayMatch Platform you represent and warrant that you are 18 or older.
- HomestayMatch reserves the right to verify your identity by requesting proof of identification (including, a valid U.S. visa, driver’s license, Social Security Number or other government issued identification number, and birth certificate, if applicable). You accept and authorize HomestayMatch to use your personal information and documentation for background check purposes. For Guests in the United States, HomestayMatch may also obtain public records of criminal convictions or sex offenders registration or conduct equivalent background checks.
- By accessing and using the HomestayMatch Platform you warrant that you are not located in a country that is subject to a U.S. Government embargo, nor that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- To be eligible to stay in any Accommodation, non-U.S. citizens and nonresidents are required to obtain an appropriate U.S. visa. The American Consulate or U.S. Embassy in your country, the school you will be attending, or work you are applying for can help you with all the information and requirements to obtain the proper visa for you. It your responsibility to ensure that all the documents, permits and visas are properly obtained and maintained current. If your documents and/or visa expires, you will be required to move out immediately. Please see Section 7 and the Guest Cancellation Policy in case your visa is denied or cancelled, or your eligibility to be in the U.S. expires or is revoked.
- If you do not provide the requested information so HomestayMatch can complete its verification process, HomestayMatch reserves the right to cancel all Booking Requests and Bookings you have made. The cancellation will be treated as a Guest cancellation under the Guest Cancellation Policy.
- Modification of these Terms and Conditions
HomestayMatch may amend or change these Terms and Conditions and any HomestayMatch Platform policies and requirements from time to time, in our sole discretion, by posting updated terms and conditions, policies and requirements within the HomestayMatch Platform or by providing written notice (see Section 19(a)). You agree to be bound by any modifications, changes, or revisions made by HomestayMatch to these Terms and Conditions and HomestayMatch Platform policies and requirements.
- Sign Up Process
- You may view and browse Accommodations in the area of your interest (such as school, work, internships, physical address) without signing up - as an unregistered visitor to the site - but you will be required to provide basic information about you (such as gender, smoking, school or physical address, dates of requested accommodation, number of Guests; only two Guests who know each other and travel together may request to share an Accommodation). You will be bound by these Terms and Conditions even if you are not a registered user.
- You may select one Accommodation based on location, booking dates, prices, Host or family description, preferences, amenities, house rules, and availability. In order to send a Booking Request to a selected Host you will need to register through the HomestayMatch Platform.
- You may register a HomestayMatch account directly through the Site by using your email address and setting up a password, or through your account with certain third-party social networking sites (SNS) such as Facebook, Pinterest, Twitter, Instagram, Google, etc. HomestayMatch is not responsible for any SNS content.
- As soon as you have completed the registration process, you will receive an email requesting you to confirm your registration. You must verify the HomestayMatch account from your personal email through the link in the email.
- Sign Up Requirements
- You may register only one account with HomestayMatch unless you receive our written authorization. You may not transfer your account to another user at any time. HomestayMatch reserves the right to disable or suspend your account if you create more than one account, or if any of the information provided proves to be fraudulent, inaccurate, incorrect, incomplete, or if you are found in violation of these Terms and Conditions or any policies or requirements (see Section 15).
- You are responsible for providing current, correct, full and accurate information throughout the registration process as well as for keeping your information up to date throughout your stay at any Accommodation.
- You are responsible for keeping your information safe and secure and may not disclose your account access credentials to another party. You must inform HomestayMatch immediately if you suspect that your account access credentials have been used without your knowledge.
- There may be security, transmission or other risks associated with use of the Internet and online services and platforms, and you expressly assume any and all such risks. You are responsible for obtaining all software, hardware or other equipment necessary to use online services, including, without limitation, the use of up-to-date web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. The Site contains encryption methods that are not supported by all browsers. If you are not using a browser that supports 128-bit encryption, you may be unable to view all of the information and materials contained on the Site.
- HomestayMatch will not knowingly collect or retain information submitted by children under the age of 18. If HomestayMatch learns that we unknowingly collected personally identifying information from a child under 18 years of age, we will immediately take all reasonable measures to delete the information from our computer systems and all other data systems.
- Booking Process and Payments
- Hosts, not HomestayMatch, are fully responsible for accepting Booking Requests as well as making available any Accommodations listed through the HomestayMatch Platform. If you decide to submit a Booking Request with a Host, you acknowledge that if the Booking Request is confirmed by the Host you will be required to enter into an agreement with the Host through the HomestayMatch Platform and you agree to comply with any terms, conditions, rules and restrictions related to such Accommodation imposed by the Host through the HomestayMatch Platform or by HomestayMatch.
- You understand and agree that you, and not HomestayMatch, will be responsible for fulfilling the obligations of any such agreement, that HomestayMatch is not a party to or insurer of such agreement, and that, with the exception of certain rules, terms and conditions applicable to all Guests and Hosts, HomestayMatch (inclusive of all subsidiaries and affiliates) disclaims all liability arising from or related to any such agreement.
- Under certain circumstances and for any reason necessary, HomestayMatch reserves the right, in its sole discretion, to cancel or refuse the service, a Booking Request or a Booking made via the HomestayMatch Platform. HomestayMatch may also decide, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with Section 7 and the Guest Cancellation Policy or in connection with a cancellation. You agree that HomestayMatch will be free of any liability for such cancellations, refusals or refunds.
- After signing up for your HomestayMatch Platform account, you may send a Booking Request to a Host who is offering an available Accommodation. HomestayMatch requires you to tender full payment in conjunction with placing a Booking Request before being accepted by the Host. As a Guest you agree to pay the Total Fees (see below) for your requested Accommodation.
- Hosts and Guests are solely responsible to request any modification to a Booking. As a Guest, you are responsible to accept or deny any modifications or changes to your Booking, if requested by the Host. If HomestayMatch receives such request from the Host, HomestayMatch will contact you to seek your permission to make any changes to the Booking. If you wish to make any change to a Booking, you will request the change as described in Section 7, and the Guest Cancellation Policy and payment modification may apply. Such changes may include, but are not limited to change of meal plan, occupancy, move in and move out dates. You also agree to pay any payments, fees or taxes associated with such Booking change.
- HomestayMatch intends for the information, materials and functions contained on the HomestayMatch Platform to be as current and accurate as possible, but cannot guarantee and does not warrant the accuracy or reliability of the information, material or functions available through the HomestayMatch Platform. Any calculations, functions or tools available on the HomestayMatch Platform are intended only to provide estimates that may differ from actual amounts that are applicable to you or to your account. Reasons for this variation include: (1) location; (2) availability of the Accommodation; or (3) the timing of your request for the Accommodation. Actual and final fees are calculated by HomestayMatch.
- Types of Fees
Amounts Payable at the Booking Request Stage:
- Booking Fee – This is the administrative fee paid by the Guest to HomestayMatch every time a new Booking Request is confirmed by the Host. This fee does not include extensions made with the same Host, but only when a new Booking Request is confirmed with a different Host.
- Guest Service Fee – This is a percentage of the Accommodation Fee that HomestayMatch charges a Guest every time a Booking Request is confirmed. The percentage will vary between 13 and 20% depending on location, type of accommodation and meal plans offered.
- Accommodation Fee – this is the fee paid to the Host for the Accommodation and plan selected. HomestayMatch reserves the right to collect a percentage of this fee from the Host for administrative purposes.
- Convenience Fee – this is the fee paid for the convenience of using a credit card. The convenience fee may vary and it will be displayed on the Booking Summary before a Guest sends a Booking Request to a Host.
- Taxes – where applicable, HomestayMatch will collect required taxes.
- Total Fee – this is the total of all of the above amounts, which a Guest is charged when a Host accepts a Booking Request.
Other Potential Fees:
- Airport Transfer Fee – this is the fee charged by HomestayMatch for an airport shuttle transfer to the Accommodation, as further described in Section 8(c) below.
- Late Fee – this is the fee a Guest may pay if their payment is not received before the required due date. A Late Fee may be applied on all required payments, including original Bookings, extensions and change of reservation dates.
- Damage Preauthorization – at the time of a Booking Request, each Guest authorizes HomestayMatch to charge their credit card for up to $500 for damages caused by the Guest. A Guest’s credit card is not actually charged unless the Host reports any type of Damage Claim to HomestayMatch. For more information, please refer to section 10 (Damages to Accommodation). The authorization limit in this paragraph does not limit a Guest’s responsibility and liability for Damage Claims over this preauthorized amount.
- HomestayMatch has the right to pursue legal action for fees and other compensation that are not paid when due.
- The Total Fees due will be displayed on the Accommodation Summary before you send a Booking Request to a Host. The Host will review your Booking Request and may accept or deny your request within 24 hours. Your credit card will be automatically charged as soon as your Booking Request is accepted by the Host, and you will receive a confirmation email with your Booking details. If your request is denied by the Host, you will be informed by email and may be notified about possible other Accommodation options from HomestayMatch. Simultaneously, upon receipt of your Booking Request, HomestayMatch may initiate preauthorization of your payment and “hold” the fees to ensure sufficient funds in case of your Booking Request being accepted by the Host. If your request is denied by the Host, your “hold” will be released by Homestay Match; however, please note that the amount of time for the previously held amount to be available for use varies by credit card provider and bank and is not within HomestayMatch’s control. Please contact your credit card provider or bank with any questions on their hold release policies.
- Booking Confirmation – This is subject to availability and a determination of placement which is in HomestayMatch and the Host’s sole and absolute discretion. As a condition to HomestayMatch releasing your Accommodation information and Host information, HomestayMatch must first receive your completed information (including your proper identification and verification) and all fees paid in full.
- Move in Confirmation/ Accommodation Change Request – After you move in to the Accommodation, you will receive an email with a “Move in Survey” as part of confirmation of your arrival. You will have 72 hours from the arrival to complete the Survey and/or to contact HomestayMatch at [email protected] with any questions or concerns about the Accommodation or Host and to request a change in your Accommodation. If you do not complete the “Move in Survey” or contact us via email about any problems with your Accommodation or Host and a change request, HomestayMatch will release payment to your Host. After the payment has been released, you accept that you may request a change of the Accommodation only from the next scheduled payment date, if applicable.
- Failure to Move in – If you have not moved in and fail to notify HomestayMatch, please refer to Section 7 and the Guest Cancellation Policy.
- Fee and Price Changes – HomestayMatch and Hosts reserve the right to change fees and prices by posting updated fees and prices in the HomestayMatch Platform. Any change will not affect any prior Booking Requests and Bookings.
- Rounding Off – All fees are received and paid in USD. HomestayMatch 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 dollar, euro or other supported currency). For example, HomestayMatch may round up an amount of $99.50 to $100, and round down $100.49 to $100).
- Cancellation and Changes
- Guests may cancel an unconfirmed Booking Request or a confirmed Booking at any time prior to your arrival or after your move in date. All cancellations must be made through the Dashboard. Cancellation submitted solely to your Host will not be considered. Your cancellation or a cancellation by a Host will be reviewed and determined by HomestayMatch in accordance with the Guest Cancellation Policy. Interpretation and determination of available refunds or credits will be made by HomestayMatch in its sole discretion. HomestayMatch reserves the right to refuse and deny a refund or credit for any reason at any time. Any available refund will be promptly credited to your account for future use or returned to the same credit card within 21 days, as stated in the Guest Cancellation Policy. Guests are responsible to inform HomestayMatch in case the credit card used is no longer valid. HomestayMatch will not be responsible for any loss of funds due to an invalid card refund process.
- In addition, HomestayMatch reserves the right to terminate without compensation a Guest’s Booking if the Guest is found to have behaved with misconduct. Misconduct includes theft, abuse of property, verbal or physical abuse of persons, smoking inside the Accommodation, alcohol or drug use, failure to adhere to federal, state or local laws, school regulations, and HomestayMatch rules and guidelines found on your Accommodation information and/or your Host's house rules. In addition, HomestayMatch may inform your advisor at the school/work you are attending. No refunds whatsoever will be paid to Guests who have been found to have behaved with misconduct.
- Booking Change Policy
Guests may request changes to a Booking through the Dashboard before or after the Guest’s move in date. Changes may refer to dates, meal plan or occupancy (private/shared). Any change request is subject to the Host’s approval. If your Host accepts the request, the Booking will be changed and your payment will be updated accordingly. If the request is declined or the Host does not respond, your confirmed Booking remains unchanged.
- Guest Services and Procedures
- Arrival and Departure Information
You agree that you are solely responsible for updating the Dashboard in the HomestayMatch Platform with all details concerning arrival, departure and other timing matters pertaining to the Accommodation, no less than 10 days in advance of the same. If you do not inform the Host about your arrival time, HomestayMatch or the Host may cancel your Booking.
- Move In Arrangements with the Host
Five days prior to your move in to the Accommodation (assuming all financial matters and identity verification process are complete) HomestayMatch will enable communication with the Host through the Dashboard Message system, for brief introduction/welcome message purposes and so that both can make arrangements in regard to your arrival.
- Airport Shuttle Transfer
Guests are solely responsible for their transportation to and from the airport to the Accommodation. Guests are not permitted to ask hosts for airport pickup or dropoff. HomestayMatch may, at its sole discretion, agree to arrange for transport to or from the airport with a third party airport shuttle company for the Airport Transfer Fee. The Airport Transfer Fee may vary and is determined based on distance from the airport to the Accommodation. You may contact HomestayMatch to calculate the fee before you decide to request the service. A minimum of 7 days is required to consider your airport shuttle reservation. After requesting the shuttle through HomestayMatch, you should receive an automatic email with shuttle confirmation/instructions, if HomestayMatch can accommodate your request. If you do not receive your shuttle confirmation at least 48 business hours before your arrival or departure, please contact the HomestayMatch staff immediately by email at [email protected]. The Airport Shuttle Fee will not be refunded once HomestayMatch sends the confirmation of your shuttle reservation. Do not pay the shuttle driver directly, unless you want to tip the driver (tips are not included in the Airport Transfer Fee). Any fees paid directly to the driver will not be reimbursed by HomestayMatch. In all events, the Airport Transfer Fee will be added to your Total Fee and must be paid prior to your arrival.
- You are solely responsible for arranging and paying for your own transportation to and from campus and throughout the city and area in with the Accommodation is located. You can contact HomestayMatch for available local transportation information.
- If you and your Host come into any agreement regarding transportation (whether for a fee or free of charge), those arrangements are solely between you and the Host, and HomestayMatch will be free of any liability in case of any accidents, collisions, or any other damages to properties or for death or body injuries, or any involvement in such circumstances for any participant in the incident. Hosts are solely responsible for their driving skills.
- Meal Plan Options Available at the Accommodation
Hosts may offer one, or more of the following meal plans. Meal plan options will be displayed on the Host’s profile and you may accept the meal plan at the Accommodation or find an Accommodation that matches your meal plan preference. Guests are responsible to check house rules and kitchen access before sending a Booking Request to a selected Host. The meal plans are as follows:
- Room Only – no meals are offered by the Host. Guests are responsible to purchase their own meals and snacks.
- Room with Breakfast – continental breakfast will be offered by the Host and it usually involves no cooking but should include foods like cereals, toast, milk, tea, coffee, fruit, pastry, or similar. The Host may not be there to prepare the meal, but will make the food available for the Guest.
- Room with Breakfast and Dinner – continental breakfast as described above, plus dinner, which will be prepared by the Host. Host will serve the same portion of dinner he/she will have that night.
Guests are responsible for obtaining and maintaining their own insurance for any matters related in any way to their Accommodation, including property damage insurance for damages caused by the Guest or any damage or loss of their personal property. You may contact your school/work advisor for details on its health and personal insurance requirements prior to enrollment. Whenever away from home, HomestayMatch recommends that you carry a copy of your insurance papers with you.
- If you wish to continue your stay in an Accommodation longer than your original Booking dates, you may request an extension. All extensions and payments must be directed through the HomestayMatch Platform. Under no circumstances, may a Guest and a Host contract directly with one another or come to any agreement with one another outside of the HomestayMatch Platform. If you pay any fees directly to your Host, HomestayMatch will not be responsible for any refund, but you are still responsible for paying for your extension to HomestayMatch.
- You have an option to request an extension through the Dashboard or via email at [email protected]. In the event the Host is unable to extend your stay, HomestayMatch may suggest other Accommodations, or you may browse through other available Accommodation options in the area of your interest.
- All extensions payments should be received prior to the first day of the extension period. If the payment has not been received by the first day of the extension period, you agree to pay Late Fees of $85 plus an additional daily fee of up to two times the average daily rate for each extension day at the Accommodation that the payment was not received to cover the inconvenience incurred to the Host in regard to the payment delay, as well as any Taxes, Guest Service Fee and any other fee or cost in regard to collecting the payment for the extension.
- After your extension request has been confirmed and your new move out date has been set, for cancellation, HomestayMatch will need to receive at least 30 days’ written notice according to Section 7 and the Guest Cancellation Policy. If your extension payment has not been received yet, you will still be responsible for paying for the remaining days to complete 30 days from receiving the cancellation notice.
- If you do not wish to extend your stay at the Accommodation or a request for an extension is not granted, you must vacate the Accommodation according to these Terms and Conditions and according to the check-out date specified in the Booking and at the time specified by the Host. You must remove any and all personal belongings and trash at move out and return the key to the Host.
- Overstaying without HomestayMatch or Host’s Consent
- Guests who continue to live in their Accommodation past their move out date without the consent of HomestayMatch and the Host will be held responsible for paying the daily Accommodation Fee and any applicable fees per these Terms and Conditions. If you pay any fees directly to your Host, HomestayMatch will not be responsible for any refund, but you are still responsible for paying for your overstay to HomestayMatch.
- As a Guest you accept that the Accommodation is granted by the Host for a limited duration of time agreed between the Guest, the Host and HomestayMatch. If you stay past the agreed time and date, the Host is entitled to make you leave immediately in a manner consistent with applicable law. Additionally, HomestayMatch may charge you for any additional day overstayed at the Accommodation in accordance with these Terms and Conditions (see Section 8(g) Extension). If the payment is not received and you move out of the Accommodation, you acknowledge and authorize HomestayMatch to charge your credit card to cover any Housing Fee, Guest Service Fee, Taxes, and any other legal expenses and costs the Host suffered to make you leave and/or due to your overstay.
- Accommodation Change Request
If you are not satisfied with the Host or Accommodation, you may request one change in the Accommodation without a new Booking Fee charge, provided that you request the reassignment within the first 72 hours of your arrival to the Accommodation. Any Accommodation change requests must be made through the Dashboard and must describe reasons for the requested change. HomestayMatch will review the request and may offer alternative options in the area of interest. However, any Accommodation change is subject to the availability of another Accommodation and HomestayMatch does not represent that another Accommodation arrangement can be made. If the replacement Accommodation costs more than your current Accommodation, you will be responsible for paying the difference in cost, plus applicable fees.
- Guests Privileges, Limitations and Obligations
When accessing the Accommodation, you will have certain privileges and limitations a Host and HomestayMatch may offer. When you send a Booking Request, you agree to these privileges and limitation, and you are required to respect them in accordance with these Terms and Conditions; otherwise, you agree your Booking may be cancelled and the Guest Cancellation Policy will apply.
- House rules – each Host is entitled to impose certain house rules at the Accommodation. House rules may vary from Accommodation-to-Accommodation, and Guests may review them before sending a Booking Request to a selected Host.
- Personal Privacy – Guests are entitled to personal privacy inside the Accommodation. However, Hosts may occasionally inspect the Guest bedroom.
- Cleaning – Guests are responsible for maintaining the bedroom clean and organized at all times. Guests are also required to clean up after themselves in all other areas they use.
- Privacy of Host’s Personal Information – Guests must not share or distribute the Host’s information to third parties such as name, address, phone number, email address, family details and/or other information without the Host’s consent. The Guest is entitled and may expect the same privacy from Hosts.
- Key – The Guest will be provided with a key/keycard to access the Accommodation premises by the Host. The Guest is responsible for keeping the key/keycard safe at all times and return it to the Host prior to the move out date. In the event that the Guest loses or fails to return the Host’s key/keycard, it will be considered a Damage Case, and the Guest will be responsible for paying costs of applicable locksmith services (see Section 10 Damages to Accommodation).
- Laundry access – Laundry facilities will vary from Accommodation-to-Accommodation. For example, some Accommodations may have laundry facilities available free of charge, other Accommodations may have no laundry available, and in other Accommodations laundry may be part of a building complex where charges may apply. Guests should review amenities offered at the Accommodation before sending a Booking Request to the Host. If available at the Accommodation, some Hosts may limit the use of laundry facilities to once or twice a week and set up a laundry schedule. Laundry detergent is the Guest’s responsibility.
- Kitchen access – Guests should have access to some space in the kitchen to store food in the fridge and a cabinet designated by the Host. Kitchen access will vary from Accommodation-to-Accommodation and Guests should review it before sending Booking Request to a selected Host. For safety reasons, some Hosts may limit use of the kitchen and offer one of the following kitchen accesses:
Some Hosts may place restrictions on times that kitchen usage is permitted and Guests agreement to comply with these restrictions. Guests are responsible for cleaning up after themselves when using the kitchen.
- Limited Kitchen Access – Hosts may allow Guests to use some of the appliances such as toaster, microwave, kettle; however, stove and oven use may not be permitted. Certain kitchen rules imposed by the Host may apply.
- Full Kitchen Access – Guests should be allowed to use all the appliances offered in the kitchen, however, certain kitchen rules imposed by the Host may apply.
- Common areas – Guests should have access to common areas such as living room, bathroom, kitchen. However, certain areas, such as the Host’s bedroom or other rooms or facilities may be restricted from access by Guests at the Host’s sole discretion.
- Damages to Accommodation
- As a Guest, you are responsible for leaving the Accommodation (including but not limited to any personal or other property located at the Accommodation) in the condition you found it when you arrived. Guests are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom they invite or provide with access to the Accommodation.
- You acknowledge and accept that HomestayMatch can and will charge you for any type of damage, including, but not limited to key and/or lock replacements, personal items left behind, and/or cleaning costs incurred by the Guest.
- Guests will have 72 hours from the arrival to the Accommodation to report any damage that has been found at the Accommodation as of their move in date. Guests should send their claim to [email protected] and include evidence of the damage, e.g., photos clearly showing the damage to the item or Accommodation. If such report has not been received within 72 hours of arrival, the Host and HomestayMatch will assume that the damage was made by the Guest.
- If the Host claims and provides sufficient information and evidence (including, but not limited to photographs) that you have caused any type of damages to the Accommodation or any personal or other property at an Accommodation (“Damage Case”), the Host can request payment from you or, if the matter cannot be resolved immediately between you and the Host, through HomestayMatch. If a Host escalates the “Damage Case” to HomestayMatch, you will have opportunity to respond. If you agree to pay the Host directly for the damage or agree to replace the disputed item, HomestayMatch will collect appropriate amount from you and/or against your Damage Preauthorization (if applicable) required to cover the Damage Case in accordance with these Terms and Conditions. In addition, HomestayMatch reserves the right to collect the payment from you and pursue any compensation due through any remedies available to HomestayMatch, in regard to situations in which you are responsible for a Damage Case, including, but not limited to any payment the Host may request.
- Hosts and Guests agree to cooperate with HomestayMatch in good faith, and to provide sufficient evidence and information and take such actions as may be reasonably requested by HomestayMatch in relation to any Damage Case or any other claims or complaints. In addition, as a Guest, you understand and accept that HomestayMatch may make a claim under any of your insurance policies related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation. You also agree to provide information and cooperate with HomestayMatch in order to make claim under your insurance policy.
- As a Guest you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by HomestayMatch with respect to damages for which the Host is requesting payment.
- Reviews and Photos
- Host Reviews
- To maintain quality of the HomestayMatch Services each Host is encouraged to write a review about their experience with the Guest after move out. HomestayMatch may, at its sole discretion, publicly share any of the Host reviews provided to HomestayMatch, including on the Site, HomestayMatch Platform, social media accounts, review websites, and advertising campaigns.
- Any Host review posted on the HomestayMatch Platform indicates the opinion of an individual Host and does not reflect the opinion of HomestayMatch.
- Guest Reviews
- To maintain quality of the HomestayMatch Services, we encourage all Guests to write an honest and fair review about their experience with their Accommodation (an “Accommodation Review”). After you have moved out from the Accommodation, you will receive an email requesting you to complete an Accommodation Review. Your review must be truthful, factual and may not contain any offensive or defamatory language. Your review may be posted on the Host’s profile for other Users to view. HomestayMatch also encourages Guests to send us an email and provide comments at [email protected] and to share any photos a Guest wishes to provide to HomestayMatch. You agree that the Accommodation Reviews (including, but not limited to evaluations, comments, feedback, photographs, letters, emails, referrals, text messages) that you submit to HomestayMatch will be considered User Content.
- HomestayMatch may, at its sole discretion, publicly share any of the Accommodation Reviews provided to HomestayMatch, including on the Site, HomestayMatch Platform, social media accounts, review websites, and advertising campaigns.
- Acceptable Use Policy
Guests are responsible and agree to be in compliance with any and all laws, rules, regulations and obligations that may apply when using the HomestayMatch Platform and HomestayMatch Services. As a Guest, you agree that you will not violate the HomestayMatch Acceptable Use Policy. HomestayMatch reserves the right to prosecute any breach or violation of any of the HomestayMatch Acceptable Use Policy to the entire extent of the law. You also accept that HomestayMatch has the right to take a range of actions against you, including cancelling, removing, blocking, deactivating, and disabling the content of your account and your access to information and services on the HomestayMatch Platform.
- Reporting Misconduct
If you stay at the Accommodation and you feel that someone is acting or has acted inappropriately, or unlawfully, including anyone who:
- displays offensive, violent or sexually inappropriate behavior,
- you suspect is stealing from you,
- engages in any other disturbing behavior, or
- violates Section 12 of these Terms and Conditions or the HomestayMatch Acceptable Use Policy,
you should immediately report such person to the appropriate authorities and then to HomestayMatch by contacting us with your police station information and report number. However, you agree that your report will not obligate HomestayMatch to take any action beyond that is required by law (if any) or cause us to incur any liability to you.
- User and HomestayMatch Content
- Subject to your agreement with these Terms and Conditions, HomestayMatch grants you a limited, nonexclusive, nontransferable license to view and access Content, solely for your personal and noncommercial use. You acknowledge and accept that you have no right to sublicense the license rights granted in this section. In addition, you agree not to copy, change, modify, adapt, adjust, or prepare any derivative works based on, distribute, transfer, sell, trade, display, share, transmit, broadcast or otherwise exploit the Site, HomestayMatch Platform, HomestayMatch Services or Content, except as expressly permitted by these Terms and Conditions or otherwise in writing by HomestayMatch. You acknowledge that you are granted no license or rights by implication or otherwise under any intellectual property rights owned or controlled by HomestayMatch or its licensors, except for the license and rights expressly granted in these Terms and Conditions.
- HomestayMatch may allow you, in our sole discretion, to post, share, publish or transmit User Content. By making your content available on the HomestayMatch Platform, including advertising and promotional campaigns, you hereby grant HomestayMatch a worldwide, perpetual, irrevocable, royalty-free, transferable, worldwide, nonexclusive license with the right to sublicense, to use, view, adapt, copy, share, distribute, transmit, broadcast, access, and otherwise exploit User Content for any and all purposes. HomestayMatch does not claim any ownership rights to User Content, and you will continue to have rights to use, exploit and access your own User Content.
- Users are solely responsible for all of their User Content that they make available on the HomestayMatch Platform. Users represent and warrant that (a) they are sole owners of their entire User Content provided to HomestayMatch or through the HomestayMatch Platform, and have all rights, consents and releases that are necessary to grant HomestayMatch the rights to utilize such User Content as provided in these Terms and Conditions; and (b) neither the User Content nor any of its publication, post, transmission, distribution, or uploading on the HomestayMatch Platform or otherwise to HomestayMatch will violate any third-party’s rights, including, but not limited to patent, copyright, trademark, secrets, morals, privacy, publicity, proprietary or intellectual property, or will result in violation of any law or regulation.
- Guests shall not transmit any material or information to the HomestayMatch Platform that is false, libelous, defamatory, obscene, profane, solicitous, infringes on any copyright or other proprietary rights of any other person or entity, or otherwise could result in civil or criminal liability under the law.
- Term, Termination and Suspension of these Terms and Conditions
- These Terms and Conditions will be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or HomestayMatch terminate these Terms and Conditions in accordance with this Section 15.
- You may terminate these Terms and Conditions at any time by sending us an email to [email protected]. If you cancel your HomestayMatch account as a Guest, any unconfirmed Booking Request and any confirmed Booking will be automatically cancelled as a Guest cancellation and any refund will depend upon the terms of the Guest Cancellation Policy.
- Without limiting our rights specified below, HomestayMatch may terminate these Terms and Condition for convenience at any time by giving you 30 days’ notice via email to your registered email address.
- In addition, HomestayMatch reserves the right to terminate these Terms and Conditions immediately and without notice if you have or are believed to have (i) materially breached or violated these Terms and Conditions or any policies or rules, (ii) provided incorrect, misleading, fraudulent, incomplete, or outdated information during the sign up process or at any time during your use of the HomestayMatch Platform or your stay at an Accommodation, or (iii) violated any laws, policies, regulations or third party rights. HomestayMatch also reserves the right to terminate these Terms and Conditions immediately and without notice if HomestayMatch believes in good faith that such measures are reasonable and necessary to protect security, comfort or property of other Users, HomestayMatch or third parties, or for purposes such as fraud prevention or activities, risk assessment, investigation or security. In the event that any such termination will take place, HomestayMatch will use reasonable efforts to notify you of the termination.
- HomestayMatch also reserves the right, at its sole discretion to temporarily or permanently delay, limit, deactivate, suspend, or cancel any Booking Request, Booking, listing, account, Review or Content, as well as limit or deny access to the HomestayMatch Platform, if (i) you have breached or violated these Terms and Conditions or any policies or rules (including house rules), (ii) you have received poor, negative or unfavorable reviews, or (iii) HomestayMatch considers in good faith that such measures are reasonable and necessary to protect security, comfort or property of other Users, HomestayMatch or third parties, or for purposes such as fraud prevention or activities, risk assessment, investigation or security. In the event that any such action will take place, HomestayMatch will use reasonable efforts to notify you of the action.
- In case of non-material breaches and where applicable and at Homestaymatch’s sole discretion, you may be given an opportunity to resolve the issue to HomestayMatch’s reasonable satisfaction.
- If we take any of the measures described above (i) we may retain amounts you have paid and pay the Host for any and all confirmed Bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you may not receive any refund for pending or confirmed Bookings that were cancelled.
- In the event that the Guest or HomestayMatch terminates these Terms and Conditions, HomestayMatch is under no obligation to remove, delete or return any User Content to the Guest, including, but not limited to reviews, photographs, information, descriptions, messages, email communication. If these Terms and Conditions have been terminated, Guests are not entitled to restore, use or access their User Content and/or account unless otherwise permitted by HomestayMatch. In addition, Guests are not permitted to use, access or attempt to use or access the HomestayMatch Platform, HomestayMatch Services or any HomestayMatch account through any other HomestayMatch account.
- If the Guest or HomestayMatch terminates these Terms and Conditions, then the clauses of these Terms and Conditions that reasonably should survive termination will remain in effect.
- IF YOU CHOOSE TO USE THE HOMESTAYMATCH PLATFORM OR CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE HOMESTAYMATCH PLATFORM (INCLUDING SITE, APPLICATION AND HOMESTAYMATCH SERVICES), CONTENT AND ALL OTHER SERVICES AND ITEMS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HOMESTAYMATCH EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HOMESTAYMATCH MAKES NO WARRANTY THAT THE HOMESTAYMATCH PLATFORM (INCLUDING SITE, APPLICATION AND HOMESTAYMATCH SERVICES), CONTENT AND ALL OTHER SERVICES AND ITEMS, INCLUDING, BUT NOT LIMITED TO, ANY ACCOMMODATIONS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOMESTAYMATCH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ACCOMMODATIONS, HOSTS, GUESTS, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE HOMESTAYMATCH PLATFORM.
- YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE HOMESTAYMATCH PLATFORM, HOMESTAYMATCH SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO THE SERVICES YOU ARE RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY HOMESTAYMATCH RELATING TO AN ACCOMMODATION LISTING.
- YOU ACKNOWLEDGE AND AGREE THAT HOMESTAYMATCH DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY USER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A HOST OR GUARANTEE THAT A HOST OR OTHER USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
- YOU AGREE THAT SOME HOMESTAYMATCH SERVICES OR HOST SERVICES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME HOMESTAYMATCH SERVICES OR HOST SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE HOMESTAYMATCH SERVICES OR HOST SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN A HOMESTAYMATCH SERVICE OR HOST SERVICE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOMESTAYMATCH OR THROUGH THE HOMESTAYMATCH PLATFORM OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE HOMESTAYMATCH PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HOMESTAYMATCH PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT HOMESTAYMATCH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ACCOMMODATION. ANY VERIFICATION BY HOMESTAYMATCH OF AN ACCOMMODATION IS LIMITED TO CONFIRMING THE LOCATION AND EXISTENCE OF AN ACCOMMODATION. HOMESTAYMATCH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE HOMESTAYMATCH PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE HOMESTAYMATCH PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE HOMESTAYMATCH PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HOMESTAYMATCH PLATFORM, INCLUDING, BUT NOT LIMITED TO, HOSTS AND OTHER GUESTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON, AND REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HOMESTAYMATCH. HOMESTAYMATCH EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST, HOST OR OTHER THIRD PARTY.
- THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Liability and Indemnification
- 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 HOMESTAYMATCH PLATFORM, YOUR BOOKING OF ANY ACCOMMODATIONS THROUGH THE HOMESTAYMATCH PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER HOMESTAYMATCH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE HOMESTAYMATCH PLATFORM (INCLUDING OUR LICENSORS) OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS AND CONDITIONS, (II) THE USE OF OR INABILITY TO USE THE HOMESTAYMATCH PLATFORM OR CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HOMESTAYMATCH PLATFORM OR (IV) YOUR BOOKING OF ANY ACCOMMODATION VIA THE HOMESTAYMATCH PLATFORM, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOMESTAYMATCH 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.
- Indemnification. You agree to release, defend, indemnify, and hold HomestayMatch 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 (i) your breach of these Terms and Conditions or any HomestayMatch policies or requirements, (ii) your access to or use of the HomestayMatch Platform or Content; (iii) your User Content; (iv) your interaction with any User or other third party; (v) the use, condition or Booking of an Accommodation 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 Booking or use of an Accommodation; or (vi) your breach of any laws, rules, regulations or third party rights.
HomestayMatch welcomes and encourages you to provide feedback, comments and suggestions for improvements to the HomestayMatch Platform (“Feedback“). You may submit Feedback by emailing HomestayMatch, through the “Contact” section of the HomestayMatch Platform, or by other means of communication. Any Feedback you submit to HomestayMatch will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant HomestayMatch a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Miscellaneous Provisions
- Notices. Any notices or any communications allowed or required, including, but not limited to those concerning modifications of these Terms and Conditions, will be provided in writing either (i) via electronic mail or text message (to the email address or cell phone number provided on the Guest’s HomestayMatch profile), (ii) through Notification on the Dashboard of the Guest’s HomestayMatch account, or (iii) via entry or update to the Site. The date of the foregoing notice or communication will be considered the date on which such notice or communication is in effect, unless otherwise specified.
- Severability. Should any provisions of these Terms and Conditions for any reason be declared invalid, void, or unenforceable by a court of competent jurisdiction, the validity and binding effect of any remaining portion will not be affected, which will remain in full force and effect, and the parties agree that the offending provisions shall be deemed modified and reformed to the minimum extent necessary to make them valid and enforceable.
- Applicable Law. Guests agrees and covenants that these Terms and Conditions and performance under these Terms and Conditions, and all proceedings that may ensue from its breach, be construed in accordance with and under the laws of the State of California and that in any action, proceeding that may be brought arising out of, in connection with or by reason of these Terms and Conditions, the laws of the State of California shall apply and shall govern to the exclusion of the law of any other forum. In the event of litigation, jurisdiction and venue shall be in the Los Angeles Superior Court. Guest hereby submit to the jurisdiction of the Los Angeles Superior Court.
- Waiver. No waiver by either party of any provision of these Terms and Conditions shall be deemed a waiver of any other provision, and no course of conduct or failure or delay in enforcing the provisions of these Terms and Conditions shall affect the validity, binding effect, or enforceability of these Terms and Conditions.
- Withholding Taxes. HomestayMatch may, in its sole and absolute discretion, withhold from all compensation payable pursuant hereto all sums required to be withheld under federal, state and city laws, or governmental regulation or ruling.
- Injunctive Relief. Nothing in these Terms and Conditions shall prevent HomestayMatch from seeking injunctive or other equitable relief from a court of competent jurisdiction to enforce the provisions of these Terms and Conditions. The Guest irrevocably consents to such injunctive relief.
- Attorney's Fees. In the event of any controversy or dispute arising out of these Terms and Conditions, the prevailing party or parties will be entitled to recover from the non-prevailing party or parties, reasonable expenses, including, without limitation, attorneys’ fees and costs actually incurred.
- Authority. Each party to these Terms and Conditions hereby represents and warrants that it has the legal power, right and authority to enter into and carry out these Terms and Conditions.
- Further Documentation. Each party to these Terms and Conditions, without further consideration, agrees to execute and deliver such other documents and take such other action as may be necessary to consummate more effectively the subject matter hereof.
- Third Party Beneficiaries. These Terms and Conditions are entered into for the sole benefit of HomestayMatch and the Guest and their respective permitted successors and assigns. No party other than HomestayMatch and Guest and such permitted successors and assigns shall have any right of action under or rights or remedies by reason of these Terms and Conditions.
- Copyright Policy. HomestayMatch honors and recognizes copyright law and expects all Guests to comply as well. HomestayMatch reserves the right to terminate any Guest’s account who continuously violates or is believed to be continuously violating the rights of copyright owners. Please also see the HomestayMatch DMCA Policy.
- Entire Agreement. Unless supplemented by a document referenced and integrated or by additional HomestayMatch terms, guidelines, rules or policies, these Terms and Conditions, together will all HomestayMatch policies and requirements referenced herein, compose the entire and full acknowledgment, acceptance and agreement between you and HomestayMatch. These Terms and Conditions will supersede and replace any and all prior oral, written agreement between you and HomestayMatch in relation to the HomestayMatch Services, Accommodations, Bookings, and Content. Except where otherwise stated herein, these Terms and Conditions may not be modified or amended by oral agreement, but only by HomestayMatch in its sole discretion.
- Assignment. You may not assign or transfer these Terms and Conditions without written consent of HomestayMatch. You recognize that if you attempt to transfer or assign these Terms and Conditions without HomestayMatch consent, such transfer will be null and invalid. HomestayMatch reserves the right to assign or transfer these Terms and Conditions at its sole discretion. These Terms and Conditions will inure and bind to the advantage and benefit of the parties, their successors and permitted assigns.
- Dispute Resolution and Arbitration Process
- Scope. If you are using the HomestayMatch Platform or HomestayMatch Services, you understand that the following dispute resolution and arbitration terms will apply, regardless whether or not you reside in the U.S.
- Dispute Resolution Process. HomestayMatch is committed to offering a consumer-friendly dispute resolution process. Therefore, a Guest who wishes to bring a claim will participate in the following two-step dispute resolution process: first, an informal negotiation directly with HomestayMatch, and second, binding arbitration administered by the American Arbitration Association (“AAA”). Since these Terms and Conditions involve a transaction in interstate commerce, the Federal Arbitration Act will apply and govern the interpretation and enforcement of this section. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules, except as modified below. The process, rules and regulations can be found on AAA’s website at www.adr.org or by calling the AAA at 1-800-778-7879.
- Modification to AAA rules. The AAA rules will be modified as follows:
- Location of the Hearing. As HomestayMatch is committed to a consumer-friendly resolution process, we agree to make the arbitration most convenient to the Guest. In that regard, any required arbitration hearing may take place at your choice of location: (a) in the country of your residence, (b) in Los Angeles County, (c) in any other location both you and HomestayMatch agree, (d) over the phone or video conference, or (e) for any claim or counterclaim under $25,000, by merely the submission of documents to the arbitrator.
- Fees and Costs. You may have a right to seek an award of attorney’s fees and expenses if you prevail in the arbitration, to the extent available under applicable law and the AAA rules. Unless the arbitrator concludes that your claim was frivolous, trivial or aimed at harassment, HomestayMatch agrees it will not seek, and waives all the rights it may have under applicable law or the AAA rules, to recover attorney’s fees and expenses if it prevails in arbitration.
- Pre-Arbitration Dispute Resolution. To begin this dispute resolution process, HomestayMatch and you agree to notify each other of such proceedings in writing. You must notify HomestayMatch at [email protected]. HomestayMatch will notify you at the most recent email address associated with your HomestayMatch Platform account. First, informal negotiation will take place. If after such meeting and after a good faith effort to resolve the dispute, either party feels that the dispute cannot be resolved informally, the party who wishes to initiate formal arbitration process will notify the other in writing via email. In order to begin the arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party (as specified by the AAA rules).
- Agreement to Arbitrate. You and HomestayMatch mutually understand that any dispute, claim or controversy arising from these Terms and Conditions or its breach, termination, enforcement or interpretation, as well as to the use of the HomestayMatch Platform or Content (collectively, “Disputes”), will be settled by binding arbitration. If there is any disagreement whether the arbitration can be applied to the Dispute, both you and HomestayMatch accept that the arbitration will be able to decide that issue. You and HomestayMatch agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to infringement, violation, or misappropriation of a party’s trademarks, copyrights, trade secrets, patents, or any other intellectual property rights, and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g. imminent danger or commission of a crime, hacking, or cyber-attack).
- Jury Trial Waiver. You and HomestayMatch understand and accept that both parties are waiving the right to a trial by jury as to all disputes that may be resolved by arbitration as set forth herein.
- No Class Actions or Representative Proceedings. You and HomestayMatch acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and HomestayMatch both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
- Modifications. Notwithstanding the provisions of Section 4 (Modifications of these Terms and Conditions), if HomestayMatch makes any modification to this section 20 (Dispute Resolution and Arbitration Process) after the date you last accepted these Terms and Conditions, you have the right to reject such change by sending a written notice within 30 days of the date such change becomes effective. By rejecting any change or modification, you understand and accept that you will arbitrate any dispute between you and HomestayMatch in accordance with the Dispute Resolution and Arbitration Process section as of the date you last accepted these Terms and Conditions.