These Terms of Service (“Terms”) are a binding legal agreement between you and HostRooster that govern your right to use the websites, applications, and other offerings from HostRooster (collectively, the “HostRooster Platform”). When used in these Terms, “HostRooster,” “we,” “us,” or “our” refers to the HostRooster entity set out on Schedule 1 with whom you are contracting.
The HostRooster Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are called “Hosts” and Members who search for, book, or use services are called “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions, events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the HostRooster Platform and must keep your account information accurate. As the provider of the HostRooster Platform, HostRooster does not own, control, offer, or manage any Listings, Host Services, or tourism services. HostRooster is not a party to the contracts entered into directly between Hosts and Guests, nor is HostRooster a real estate broker, travel agency, insurer, or an organiser or retailer of travel packages under Directive (EU) 2015/2302. HostRooster is not acting as an agent in any capacity for any Member, except as specified in the (“Payment Terms”). To learn more about HostRooster’s role see Section 16.
If you Host, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Host Services.
1. Our Mission.
HostRooster’s mission is to foster a global community of travelers, hosts, and professionals by providing a seamless platform that offers exceptional accommodations, enriching experiences, and meaningful job opportunities. We aim to create connections that transcend boundaries, inspiring authentic interactions, and empowering individuals to explore, connect, and thrive in a diverse and interconnected world.
2. Searching and Booking on HostRooster.
2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more. Learn more about search results in our Help Center.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like HostRooster’s service fee and offline fees, and any other items identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, a contract for Host Services (a “Reservation“) is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Accommodation Reservations. An Accommodation Reservation grants you a limited license to enter, occupy, and utilize the designated accommodation. The Host maintains the right to re-enter the accommodation during your stay under circumstances that are deemed reasonably necessary, align with your contract with the Host, and are consistent with relevant laws. In the event of a prolonged stay beyond the designated checkout time, the Host reserves the right to require your departure in a manner compliant with applicable laws, including the imposition of reasonable penalties for overstaying. It’s important to adhere to the specified maximum number of allowed Guests, ensuring compliance with property regulations.
2.4 Reservations for Experiences and Other Host Services. An Experience or any other Host Service Reservation grants you the privilege to engage, partake in, or avail the designated Host Service. It’s your responsibility to ensure that both yourself and any invitees meet the minimum age, proficiency, fitness, or other prerequisites set for the service. You are also accountable for communicating to the Host any medical, physical conditions, or circumstances that could potentially affect your participation, attendance, or use of the Host Service. Unless explicitly authorized, you are prohibited from including any individual in a Host Service unless they have been officially added as an additional guest during the booking procedure.
3. Cancellations, Travel Issues, Refunds and Booking Modifications.
3.1 Cancellations, Travel Issues, and Refunds. In general, if you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a reservation, you may be entitled to a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a Travel Issue (as defined in our Rebooking and Refund Policy), you may be entitled to rebooking assistance or a partial or full refund under our Rebooking and Refund Policy. You may appeal a decision by HostRooster by contacting our customer service.
3.2 Booking Modifications. Hosts and Guests are responsible for any booking modifications they agree to make via the HostRooster Platform or direct HostRooster customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
4. Your Responsibilities.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation or Experience. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
5. Hosting on HostRooster.
5.1 Host. As a Host, HostRooster offers you the right to use the HostRooster Platform to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.
5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the HostRooster Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like HostRooster’s service fee for each booking. HostRooster Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Guests must: (i) be consistent with these Terms, our
Additional Legal Terms, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Hosts. Your relationship with HostRooster is that of an independent individual or entity and not an employee, agent, joint venturer or partner of HostRooster, except that HostRooster Payments acts as a payment collection agent as described in the Payments Terms. HostRooster does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services and at what price and on what terms to offer them.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing. The HostRooster Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of Listings in search results on the HostRooster Platform depends on a variety of factors, including these main parameters:
- Guest search parameters (e.g. number of Guests, time and duration of the trip, price range),
- Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, host status, age of the Listing, average Guest popularity),
- Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),
- Host requirements (e.g. minimum or maximum nights, booking cut-off time), and
- Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching).
Search results may appear different on our mobile application than they appear on our website. HostRooster may allow Hosts to promote their Listings in search or elsewhere on the HostRooster Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center.
6.4 Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the HostRooster Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the HostRooster Platform in violation of our Off-Platform Policy.
6.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services, is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct HostRooster to transfer a portion of your payout to a co-host or other Hosts or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
7. Cancellations, Travel Issues, and Booking Modifications.
7.1 Cancellations and Travel Issues. In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue (as defined by the Rebooking and Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by HostRooster exceeds your payout, HostRooster (via HostRooster Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that HostRooster’s Rebooking and Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay the release of any payout for that Reservation until a refund decision is made. You may appeal a decision by HostRooster by contacting our customer service.
7.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the HostRooster Platform or direct HostRooster customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8.1 Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes (“Taxes“).
8.2 Collection and Remittance by HostRooster. HostRooster reserves the right to approach members for additional payments (which could be deducted from future payouts) if the collected or remitted taxes fall short of meeting the full tax obligations of the members. By choosing HostRooster, you acknowledge that seeking a refund from the relevant tax authority is the exclusive solution available for addressing any taxes collected. Furthermore, you understand and accept that HostRooster retains the prerogative, with advance notice to affected members, to discontinue tax collection and submission in any jurisdiction for any rationale.
8.3 Tax Information. Navigating Tax Compliance at HostRooster: Operating within the framework of UK law, HostRooster acknowledges that tax regulations in various jurisdictions may necessitate the collection, reporting, and potential withholding of tax-related information from or for you. This could include withholding taxes from your payouts. Should you not furnish us with documentation deemed appropriate for fulfilling tax withholding obligations, we retain the right to temporarily withhold payouts, in compliance with legal requirements, until adequate documentation is provided. In alignment with our commitment to transparency and precise tax reporting, HostRooster reserves the right to generate invoices or comparable documentation for Value Added Tax (VAT), Goods and Services Tax (GST), consumption taxes, or other relevant levies on your behalf. This assists in facilitating accurate tax reporting for your Host Services, benefiting both our Guests and their organizations.
Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by HostRooster for accuracy and may be incorrect or misleading.
HostRooster may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the HostRooster Platform. Any applicable fees are disclosed to Hosts before publishing a listing and to Guests before making a booking. Except as otherwise provided on the HostRooster Platform, service fees are non-refundable.
12. HostRooster Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Follow our Nondiscrimination Policy and do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the HostRooster Platform
- Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the HostRooster Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the HostRooster Platform or Content.
- Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the HostRooster Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the HostRooster Platform.
- Only use the HostRooster Platform as authorized by these Terms or another agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the HostRooster Platform as authorized by these Terms.
- Do not use the HostRooster Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
- You may use Content made available through the HostRooster Platform solely as necessary to enable your use of the HostRooster Platform as a Guest or Host.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make or accept a booking or any payment outside of the HostRooster Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
- Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third-party website, application or service before, during or after a reservation, unless authorized by HostRooster.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book Host Services unless you are actually using the Host Services.
- Do not use, copy, display, mirror or frame the HostRooster Platform, any Content, any HostRooster branding, or any page layout or design without our consent.
- Honor your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- Read and follow our Terms, Additional Legal Terms, Policies, and Standards.
- Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our rules for parties and events, as incorporated by reference herein.
- Do not use the name, logo, branding, or trademarks of HostRooster or others without permission, and only as set forth in our Trademark Guidelines.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with HostRooster branding.
- Do not offer Host Services that violate the laws or agreements that apply to you.
- Do not offer or solicit prostitution or participate in or facilitate human trafficking.
12.2 Reporting Violations. Alerting HostRooster to Violations: Should you identify a situation where a Member, Listing, or Content appears to pose an immediate threat to individuals or property, it is advised that you promptly reach out to the relevant local authorities prior to notifying HostRooster. Furthermore, if you suspect that a Member, Listing, or Content has contravened our established Standards, it is recommended that you communicate your apprehensions to HostRooster. In instances where you have reported a concern to local authorities, HostRooster might request a copy of the corresponding report. However, with the exception of legal obligations, we hold no obligation to take action in response to any reported incident.
12.3 Copyright Notifications. If you believe that Content on the HostRooster Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
13. Termination, Suspension and other Measures.
13.1 Term. The agreement between you and HostRooster reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination of Agreement: You retain the freedom to conclude this arrangement at any point by sending us an email or by opting to delete your HostRooster account. In parallel, HostRooster reserves the right to terminate this agreement under various circumstances. In the event of such termination, HostRooster will provide you with a notice period of 30 days via email or any other contact details you have furnished for your account. Additionally, HostRooster holds the authority to promptly and without prior notice cease your access to the HostRooster Platform if:
- (i) You commit a significant breach of these terms, our Additional Legal Terms, or Policies;
- (ii) Your actions contravene pertinent laws;
- (iii) Immediate action is deemed necessary to safeguard the personal safety or assets of HostRooster, its members, or third parties—such as instances involving fraudulent conduct by a member; or
- (iv) Your account has remained inactive for a duration exceeding two years.
13.3 Member Violations. If any of the following conditions arise, HostRooster may take action:
(i) You breach these terms, our Additional Legal Terms, Policies, or our Standards; (ii) Your actions violate relevant laws, regulations, or the rights of third parties; (iii) You have consistently received negative Reviews or if HostRooster becomes privy to complaints about your performance or behavior; (iv) You frequently cancel confirmed bookings or neglect to respond to booking requests without a valid rationale; or (v) Immediate action is essential to safeguard the personal safety or assets of HostRooster, its members, or third parties.
In response to such scenarios, HostRooster maintains the authority to:
- Suspend or limit your access to the HostRooster Platform and/or your account.
- Suspend or delete Listings, Reviews, or other submitted Content.
- Cancel bookings, whether pending or confirmed.
- Suspend or withdraw any unique privileges associated with your account.
In instances of non-significant infringements or when deemed appropriate, HostRooster will provide advance notice of impending measures, offering you an opportunity to address the matter. However, such notice may not be feasible if it would: (i) obstruct the detection or prevention of fraudulent or illegal activities, (ii) harm the legitimate interests of fellow members or third parties, or (iii) run counter to relevant laws.
13.4 Legal Mandates. HostRooster may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination.In the event that you, as a Host or Guest, opt to terminate your HostRooster account, it’s important to note the implications:
For Hosts: Upon termination, any confirmed booking(s) will be automatically voided, and your Guests will be issued a complete refund.
For Guests: Terminating your account as a Guest results in the automatic cancellation of any confirmed booking(s). The possibility of receiving a refund hinges on the terms stipulated in the Listing’s cancellation policy.
Once this agreement has been concluded, there exists no entitlement to reinstate your account or reclaiming any of the Content you provided. In cases where your access to the HostRooster Platform has been curtailed, your HostRooster account has been suspended, or this agreement has been terminated by HostRooster, you are prohibited from creating a fresh account or utilizing the HostRooster Platform through another Member’s account.
13.6 Appeal. If HostRooster takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service.
14. Modification of these Terms.
When we propose changes to these Terms, we will post the revised Terms on the HostRooster Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by HostRooster, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the HostRooster Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
15. Resolving Complaints
15.1 If a Member provides valid evidence that you, your guest(s), or your pet(s) culpably damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, the complaining Member can notify HostRooster and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, you authorize HostRooster via HostRooster Payments to collect the amount of the Damage Claim from you.
15.2 If the Host and Guest cannot resolve, or a Guest fails to pay a Damage Claim, the Host may notify HostRooster through the Resolution Center under the terms of the Host Damage Protection Terms and seek compensation. HostRooster will review the Damage Claim and ask the Host to provide any required evidence (e.g. through appropriate documents, photos, invoices, or third-party experts) that substantiates the Damage Claim and the Damage Claim amount. The Guest will be given the opportunity to respond and provide any relevant counter-evidence. If HostRooster determines, under consideration of the evidence provided, and on the burden of proof that the Guest is responsible for the Damage Claim, HostRooster may collect the amount of the Damage Claim from the Guest, including by charging the guest’s Payment Method up to a maximum amount of $500 USD. HostRooster may also pursue claims for recovering Damage Claims amounts, including amounts exceeding the maximum amount applicable for charging the Guest’s Payment Method, against a Guest using any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against a Guest. Members may appeal a decision by HostRooster by contacting our customer service. As between Members and HostRooster, the burden of proof regarding the Damage Claim and the Damage Claim amount always lies with HostRooster.
15.3 You agree to cooperate in good faith, provide any information HostRooster requests, execute documents, and take further reasonable action, in connection with Member complaints, or other claims related to your provision or use of Host Services.
15.4 Any decisions made by HostRooster in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
16. HostRooster’s Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. HostRooster is not and does not become a party to or other participant in any contractual relationship between Members. HostRooster is not acting as an agent for any Member except for where HostRooster acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using HostRooster, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that HostRooster has no general obligation to monitor the use of the HostRooster Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the HostRooster Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist HostRooster in good faith, and to provide HostRooster with such information and take such actions as may be reasonably requested by HostRooster with respect to any investigation undertaken by HostRooster regarding the use or abuse of the HostRooster Platform.
17. Member Accounts.
You must register an account to access and use many features of the HostRooster Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the HostRooster Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify HostRooster if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your HostRooster Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being “verified” (or similar language) indicate only that the Member or HostRooster has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the HostRooster Platform. HostRooster may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the HostRooster Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the HostRooster Platform.
HostRooster is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents HostRooster’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of HostRooster in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of HostRooster is excluded. To the extent that HostRooster’s liability is excluded or limited, this also applies with regard to the personal liability of its legal representatives, directors, employees, and other agents.
To the maximum extent permitted by applicable law, you agree to release, defend (at HostRooster’s option), indemnify, and hold HostRooster (including HostRooster Payments, other affiliates, and their personnel) 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 (including any supplemental or additional terms that apply to a product or feature) or our
Additional Legal Terms, Policies, or Standards, (ii) your improper use of the HostRooster Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
21. Contracting Entities.
Based on your country of residence or establishment and what you are doing on the HostRooster Platform, Schedule 1 below sets out the HostRooster entity with whom you are contracting. If we identify through the HostRooster Platform, an HostRooster entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the HostRooster entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment to a country outside of the EEA, Switzerland or the United Kingdom, the HostRooster company you contract with and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
22. Applicable law and Jurisdiction.
These Terms are governed by and construed in accordance with UK law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of UK law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of HostRooster’s place of business in UK. If HostRooster wishes to enforce any of its rights against you as a consumer, we may do so in the courts of the jurisdiction in which you are a resident or in the courts of the jurisdiction where our head office is located. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the UK courts.
23.1 Other Terms Incorporated by Reference. https://hostrooster.com/help/legal-terms/
23.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between HostRooster and you pertaining to your access to or use of the HostRooster Platform and supersede any and all prior oral or written understandings or agreements between HostRooster and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and HostRooster. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.3 No Waiver. HostRooster’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without HostRooster’s prior written consent. HostRooster may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected.
23.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by HostRooster via email, HostRooster Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable you to provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies HostRooster’s obligations under Article 59 (1) of the Japanese Housing Accommodation Business Act.
23.6 Third-Party Services. The HostRooster Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. HostRooster is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
23.7 Google Terms. Some translations on the HostRooster Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the HostRooster Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
23.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
23.9 HostRooster Platform Content. Content made available through the HostRooster Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of HostRooster and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the HostRooster Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, HostRooster grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the HostRooster Platform and accessible to you, solely for your personal and non-commercial use.
23.10 23.11 Force Majeure. HostRooster shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
23.12 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your HostRooster account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an HostRooster Account.
23.13 Contact Us. If you have any questions about these Terms please email us.
Additional Terms Applicable to Business Users
If you are a Business User as defined in Section 25 of these Terms, the following additional terms will apply to you:
25. Business Users.
You are a “Business User” for the purposes of these Terms if (i) your place of residence or establishment is within the EEA or the United Kingdom, (ii) you fully meet the definition of a ‘business user’ outlined in Article 2 (1) of Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“Platform to Business Regulation”), and (iii) you have notified HostRooster that you are a Business User by adding your business details to your HostRooster account. You are responsible for keeping your business details accurate and up to date.
26. Termination, Suspension, and other Measures.
In case we take any of the measures according to Sections 13.2 and 13.3, you will be given the opportunity to clarify the facts and circumstances leading to such a measure in the framework of our internal complaint-handling process as described in Section 27.
27. Complaints Handling and Mediation.
We want to be transparent about how we handle complaints and aim to treat all Business Users fairly. Our Help Center explains how you can access our internal complaint-handling system and what you can expect as a Business User when you make a complaint in relation to issues falling under the remit of Article 11 (1) of the Platform to Business Regulation. It also sets out the details of the mediation service that you can use in the event that such a complaint is not resolved.
28. Access to Data.
29. Additional Distribution Channels.
HostRooster operates an affiliate program through which Listings may be featured on third party websites, such as those for online travel sites, media outlets, loyalty programs, and search aggregators. Listings may also appear in advertisements for HostRooster published on third party websites from time to time.