Terms And Conditions
Hostaway Oy. (“Hostaway”) provides value-added services to hosts and guests who have arranged the use of residential and other property principally through third party booking agents and hosting platforms.These Terms of Service (these “Terms”) constitute an agreement between Hostaway and the users (each a “User”) of Hostaway’s website, mobile applications and services (collectively, the “Site” and the “Services”). Hostaway is sometimes referred to herein as “we,” “us,” or “our” and the User is sometimes referred to as “you,” “your,” “host,” or “guest.”
Certain areas of the Site and Services (and your access to or use of certain Content (as defined below)) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.
If you accept these Terms, you represent that you have the capacity to be bound by them. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
“Accommodation” means a residential or other property that is rented from a Host by a Guest.
“Authorized Tenant” means a non-owner Host that has the authority to rent an Accommodation.
“Guest” means a Member who uses the Services in connection with its rental of an Accommodation from a Host principally through a Third Party Platform.
“Host” means a Member who is an owner or Authorized Tenant of an Accommodation and who is using the Services in connection with the listing and rental of an Accommodation principally through a Third Party Platform.
“Member” means a person who completes the account registration process, including without limitation Hosts and Guests, as described under “Registration” below.
“Third Party Platform” means a third party booking agent or hosting platform that connects Hosts who have Accommodations to rent with Guests seeking to rent Accommodations.
How the Site and Services Work
Hostaway provides value-added Services to Hosts and Guests who have arranged the use of Accommodations principally through Third Party Platforms.
Hosts: Hostaway provides Services to Hosts that register on the Site. Hostaway assists Hosts with preparing and properly marketing their Accommodations, including suggesting an optimal price for the listing of an Accommodation. Hostaway helps Hosts by interacting with potential guests to answer questions and arrange a stay. Hostaway may also arrange professional third party vendors to provide guest management services before, during and after the Guests stay, including scheduling professional cleanings and handling unexpected events such as lockouts. Hostaway also provides a centralized dashboard on the Site to Hosts to set preferences, listing terms and to monitor and manage their listings. Hosts agree that Hostaway accesses any Third Party Platforms on their behalf as long as the Third Party Platforms are activated or enabled within Hostaway. Hostaway also may assist Hosts with marketing their listings by publishing listings on multiple Third Party Platforms. In addition to these Terms, Hosts are subject to the Host Services Agreement, which is incorporated into these Terms.
Guests: Hostaway may provide Services to Guests that have responded to a Host’s posting on a Third Party Platform. Hostaway or its third party vendors may assist guests or potential guests with questions regarding a listing or booking for a Guest’s Accommodation, communicate with Guests regarding arrival and departure and provide 24-hour Guest support. Hostaway may also offer and arrange value-added services for Guests, such as concierge and ticketing services, from Hostaway or third party providers. In addition to these Terms, Guests are subject to the Guest Rules and Guest Services Agreement, which are incorporated into these Terms.
Hostaway solely provides services to Hosts and Guests to facilitate a booking transaction between Host and Guest. Unless explicitly stated otherwise herein, Hostaway’s responsibilities are limited to (1) assisting Hosts with optimizing the listing and booking of Accommodations and (2) providing Guest support services.
In accordance with these Terms, you understand and agree that (1) Hostaway is not a real estate broker, agent, insurer, booking agent or hosting platform, nor is it an owner or provider of Accommodations, transportation, travel services or other services provided by third parties through the Site or Service; (2) Hostaway is not a party to any agreement between a Third Party Platform and a Host or Guest or any agreement between a Host and a Guest; (3) Hostaway does not and cannot control the content contained in any listing or the condition, legality or suitability of any Accommodations; (4) Hostaway is not responsible for the compliance with any laws by you or any Third Party Platform; (5) Hostaway has no control over the conduct of Hosts, Guests and other uses of the Services or any Accommodations; and (6) as set forth in the Section entitled “Liability Limitations”, Hostaway is not responsible for and disclaims any and all liability related to any and all listings and Accommodations to the maximum extent permitted by law. Bookings will be made at the Host’s and Guest’s own risk.
The Host Services Agreement, Guest Rules and Guest Services Agreement may be updated from time to time at our discretion and changes will be effective upon posting them. A copy of the Host Services Agreement, Guest Rules and Guest Services Agreement can be found below.
The Site, Services and Content are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
License to Site and Services
Subject to your compliance with the terms and conditions of these Terms, provided you are registered to use the Site and Services, Hostaway hereby grants to you a non-exclusive, non-transferable, terminable license to the Site and Services, in object code form only, to be used solely for your own internal business purposes and only for the purposes for which the Site and Services were intended. You may permit your employees, consultants, or other authorized users to access and use the Site and Services on behalf of and for your benefit.
Hostaway reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Services or provide you with notice of the modification. We will also update the “Last modified” date at the top of these Terms. By continuing to access or use the Site or the Services after we have posted a modification on the Site or through the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services. Registration and Communication.
Registration with the Site is currently free; however we reserve the right to levy registration fees in the future. In order to become a registered User you will have to provide some basic personal information. Certain services and functionality will only be available to registered Users or registered Members. and Communication.
You agree that all information supplied upon registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.
You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.
You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site or the Services.
By using the Services, you agree that Hostaway may collect and use technical data and related information, including but not limited to technical information about your device, system, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any).
Use and General Prohibitions
The Services and Hostaway Content are offered solely for a User’s personal use and for the purposes described in these Terms. Any and all other uses are prohibited. Hostaway expressly reserves all its rights and remedies under applicable laws. Hostaway reserves the right, in its sole discretion, to refuse service, terminate memberships, remove or edit content, cancel reservations, or deny access to the Services.
Any information published by you on the Site will be your personal responsibility. You will be personally liable for claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your content. You may not publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Site we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Site and terminating your membership.
In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.
You agree not to (and not to allow any third party to):
Reproduce, duplicate, copy, sell, resell, visit or otherwise exploit the Site, or any portion thereof,for any commercial purpose without our express written consent. Attempt to access or search the Site, Services or Hostaway Content or download Hostaway Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Hostaway or other generally available third party web browsers. Use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Hostaway Content, except as expressly authorized by Hostaway. Rent, lease, copy, provide access to or sublicense any portion of the Services or Hostaway Content to a third party. Reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Hostaway). Modify any Services or Hostaway Content or create any derivative product from any of the foregoing. Remove or obscure any proprietary or other notices contained in the Services or Hostaway Content. Publicly disseminate information regarding the performance of the Services or Hostaway Content or access or use the Services or Hostaway Content for competitive analysis or benchmarking purposes. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio,video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances; or (viii) is inaccurate or untrue. Collect or store any personally identifiable information from the Site or Services from other Members of the Site or Services without their express permission. Impersonate or misrepresent your affiliation with any person or entity. Interfere with, or attempt to interfere with, the access of any Member, host or network, including,without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services. Use the Services or Hostaway Content for any illegal purpose.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF THE SITE AND SERVICES AND YOU WILL EXERCISE CAUTION, DISCRETION, COMMON SENSE AND JUDGMENT IN, USING THE SITE OR SERVICES AND DISCLOSING PERSONAL INFORMATION TO MEMBERS AND HOSTAWAY. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET WITH ANY SUCH MEMBERS IN PERSON. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION AND HOSTAWAY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU OR ANY THIRD PARTY RELATING THERETO.
HOSTAWAY IS NOT RESPONSIBLE, AND DISCLAIMS ALL RESPONSIBILITY, FOR THE USE OR EXCHANGE OF ANY INFORMATION AMONG MEMBERS. HOSTAWAY IS NOT RESPONSIBLE FOR ANY DAMAGE OR DESTRUCTION TO ANY ACCOMMODATION, DAMAGE TO PERSONAL PROPERTY OR PERSONAL INJURY TO A HOST OR GUEST.
Advertising and Commercial Use
Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent.
You are not entitled to resell or commercially exploit the Site’s contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.
In the event that you are found by us to have been sending unsolicited e-mail to our users in contravention of the Privacy and Electronic Communications Regulations 2003 having taken their address from our Site then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.
Hostaway will use reasonable efforts to make the Services available at all times. However you acknowledge the Services are provided over the internet and mobile networks and so the quality and availability of the Services may be affected by factors outside Hostaway’s reasonable control. Hostaway does not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to download or access content or any other communication system failure which may result in the Services being unavailable. From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms. We may make changes to the format of the Site, Services provided or to the Site’s content at any time without notice.
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Hostaway does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE NOR OUR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “HOSTAWAY PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES, ACCOMMODATIONS OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES REMAINS WITH YOU. WE AND THE HOSTAWAY PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, INCLUDING WITHOUT LIMITATION THIRD PARTY PLATFORMS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL WE, THE HOSTAWAY PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR THE HOSTAWAY PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE,INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF WE AND THE HOSTAWAY PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SHOULD CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
You agree to defend, indemnify, hold harmless Hostaway, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Site and Services, (2) any Member Content submitted by you and (3) any breach or alleged breach by you of these Terms.
Term and Termination
This Agreement is effective from the first date you use the Site and Services. On receipt of an email by you to us cancelling your registration then we will terminate your registration within 30 days.Hostaway may terminate or revise these terms at any time with or without notice.The provisions and all obligations of and restrictions on you and any User with respect to the Services shall survive any termination of these Terms.
You agree that Hostaway, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the Service, for any reason, including for lack of use or if Hostaway believes that you have violated or acted inconsistently with the spirit of these Terms. Hostaway may, also, in its sole and absolute discretion, and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Hostaway may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files or the Services by you; however, we do not guarantee that any information posted by you will be deleted from the Site. Further, you agree that Hostaway shall not be liable to you or any third party for any termination of your access to the Services.
Intellectual Property Rights
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Hostaway Content”) are provided to User by Hostaway or its partners or licensors solely to support User’s permitted use of the Services. The Hostaway Content may be modified from time to time by Hostaway in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or Hostaway Content by User shall constitute a material breach of this Agreement. Hostaway and its partners or licensors retain all rights in the Services and Hostaway Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Hostaway or any third party is granted under this Agreement.As a Member, you may post, upload, publish, submit or transmit text, graphics, images, information or other materials to be made available through the Site and Services (“Member Content”, together with Hostaway Content, the “Content”). By making available any Member Content through the Site and Services, you hereby grant to Hostaway a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content only on, through or by means of the Site and the Services. Hostaway does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Hostaway the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or any other person’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not screen Member Content (including content relating to Accommodations or other information posted by Hosts or Guests) or information on the Site and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy. We do not accept liability in respect of such content. The user responsible will be personally liable for any damages or other liability arising from such content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
The Site may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Site.
Hostaway respects the intellectual property rights of third parties. If you are a copyright owner or an agent thereof and believe that any of the Services or any content infringes upon your copyrights, you may notify our copyright agent in writing pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”). The contact information for our copyright agent is at the bottom of this Section.
In order for us to take action, your notice must include the following information:
Identify the copyrighted work that you believe is being infringed; Identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it; Provide us with your full name, mailing address, telephone number and email address; Provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; Provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed; and Provide your physical or electronic signature.
Only DMCA notices should go to the copyright agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Any notices or other communications permitted or required hereunder by Hostaway, including those regarding modification of these Terms, will be in writing and given by Hostaway (1) via email (in each case to the address that you provide) or (2) by posting to the Site. Any notices or other communications permitted or required hereunder by the User will be in writing and given by the User via email to email@example.com.For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. For notices made by posting, the date of receipt will be deemed the date on which such notice is posted.
Governing Law and Compliance with Law
These Terms shall be governed by and construed in accordance with the laws of Finland, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Your use of the Services may also be subject to other local, state, national and international laws. For example, some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to CC&Rs, bylaws and other agreements that apply to single family residences in some neighborhoods, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and Federal laws and regulations applicable to you and consult with an attorney prior to listing an Accommodation on a Third Party Platform or using the Services. For more information, please refer to our Frequently Asked Questions, which can be found on our website.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) (“Disputes”) between you and Hostaway or their successors or assigns shall exclusively be settled through binding and confidential arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Hostaway are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Hostaway otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section and not any state arbitration law.
Notwithstanding anything to the contrary herein, if Hostaway changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@Hostaway.com) within 30 days of the date such change became effective, as indicated in the “Last modified” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Hostaway in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Waiver. If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
Severability. If any of the provisions, or portions thereof, of these Terms are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, these Terms shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Assignment. These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Hostaway.
If you have any questions about these Terms, please contact Hostaway at firstname.lastname@example.org.
Duties of Client
In connection with the Services, you agree that you will do the following:
Compliance with Law. You are solely responsible for compliance with all applicable laws and regulations. Compliance with Agreements. You agree that you will not breach any agreements you have entered into with any third parties, such as Third Party Platforms, homeowners association, condominium, lease or rental agreements. Third Party Platform.You will use a Third Party Platform for Listings of your Accommodations. Information in Listings. The information you provide to us and use in Listings on Third Party Platforms will be true and accurate in all respects. You agree that you will be responsible for establishing and maintaining your Listing, including without limitation, selecting the price, updating factual information and providing any required legal disclosure, whether or not any information or pricing was recommended or required by Hostaway. While you have the ultimate control of your Listing, you understand that Hostaway may request that a Host revise a Listing in accordance with this Agreement. If a host refuses to revise a Listing per the request of Hostaway, Hostaway may immediately terminate this Agreement and your registration on the Site. Under no circumstances will Hostaway have any responsibility for any misstatement, error or omission in any Listing, whether or not Hostaway suggested or required such information in a Listing. Eviction. Hostaway will not be responsible for evicting Guests. If any Guest stays beyond the period agreed upon between the Host and the Guest, Host will have the sole responsibility with regards to evicting the guest and any expenses, losses, or damages associated with the guest’s stay beyond the contracted period or any eviction process. Insurance. Host agrees to carry at his/her own expense property and liability insurance, each in an amount not less than $500,000, naming Hostaway, in form and substance reasonably satisfactory to Hostaway. Host agrees to furnish Hostaway with certificates evidencing the existence of such insurance upon request. Host may be required to obtain and maintain additional insurance in compliance with applicable laws and regulations or under other agreements. Taxes. Host will be solely responsible for preparing and paying Guest’s own income tax return.Hostaway is not responsible for advising Host with respect to taxes owed with regards to the Accommodation or any transactions contemplated by or facilitated by this Agreement. Routine Maintenance. You are responsible for routine maintenance to the Accommodation. Hostaway will have no obligation to notify Host of, or provide any routine maintenance. Host may request that Hostaway complete any routine maintenance subject to a separate agreement between the parties regarding the maintenance to be performed and the compensation to be paid in connection therewith. If Hostaway notifies Host of maintenance that needs to be performed, Host agrees that it will timely complete such routine maintenance at its sole cost. Emergency Maintenance. If Hostaway believes that emergency maintenance is required to protect or preserve the Accommodation from damage or to maintain services to a Guest, Hostaway may, as soon as practicable, arrange for such maintenance to be performed. Any costs incurred by Hostaway in connection with providing emergency maintenance will be reimbursed by the Host. Hostaway will attempt to communicate with Host regarding the need for emergency maintenance and steps being taken, but in no case will Host be relieved of liabilities incurred pursuant to the performance of emergency maintenance. Platform Access.For the duration of Hostaway management, Homeowner is not permitted access to their Airbnb account to perform any management functions. These management functions include but not limited to; reviewing guest messaging, messaging guests directly, modifying settings, modifying listing details, extending offers, or extending refunds.
Schedule of Fees. Hostaway will post a schedule of fees (“Schedule of Fees”) for its Services under this Agreement on the Site. Hostaway may modify the Schedule of Fees at any time in accordance with this Agreement and the Terms. By refraining from terminating this Agreement after the Schedule of Fees has been modified, Host is agreement to be bound by the new Schedule of Fees.
Host’s Representations and Warranties
In addition to the other representations and warranties set forth in this Agreement and in the Terms, Host represents and warrants that:
Host is a legal owner or Authorized Tenant of the Accommodation and has full authority to enter into this Agreement and to use Hostaway for the Host Services under the terms of this Agreement. If Host is an Authorized Tenant, there are no written or oral restrictions on further leasing or subletting the Accommodation that would interfere with the Listing of the Accommodation on a Third Party Platform or otherwise temporarily leasing the Accommodation to Guests, or any other actions contemplated by this Agreement. To the best of the Host’s knowledge the Accommodation, its construction and operation do not violate any applicable statues, laws, ordinances, rules, regulations, orders, or the like including, but not limited to, those relating to hazardous or toxic substances. To the best of the Host’s knowledge the building does not contain any toxic substances such as, but not limited to: lead based paint, asbestos, urea, formaldehyde, radon, or other hazardous substances and that no unsafe condition exists except as disclosed in writing at the time of this Agreement. Host has disclosed the existence of any default of foreclosure notices affecting the property as of the date of this agreement and further agrees to disclose any such notices received hereafter, within five days of the receipt of any such notices. GUEST HEREBY ACKNOWLEDGES THAT HOSTAWAY IS NOT A REAL ESTATE BROKER, AGENT, OR INSURER. HOSTAWAY HAS NO CONTROL OVER THE CONDUCT OF GUESTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Host agrees to defend, indemnify and hold harmless Hostaway, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (“Indemnitees”) from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Host Services performed by Hostaway under this Agreement other than those arising because of gross negligence or intentional misconduct by Hostaway or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; (3) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees; and (4) to the extent not covered by insurance, any alleged violation of any law (statutory, common or otherwise) pertaining to the actions contemplated by this Agreement, including but not limited to environmental protection, rent control, taxes, short-term rental, fair housing, or any other such laws.
Term and Termination
Term. This Agreement is effective from the first date you use the Host Services and will continue until terminated by either party in accordance with this Agreement. Termination by Cancellation of Registration. The cancellation of your registration on the Site for any reason will automatically terminate this Agreement. Termination by Notice. Either party to this Agreement may elect to cancel or terminate this Agreement with or without cause by giving seven (7) days’ prior written notice to the other party. If no termination date is specified in the notice, this Agreement shall terminate as of the date which is seven (7) days after the notice is delivered. Upon Termination. Upon termination of this Agreement by Hostaway, Hostaway will cease providing any Host Services to the Host on the date of termination. Upon termination of this Agreement by Host, Hostaway may continue providing Host Services to the Host for any stays that were booked on or prior to the date of Termination.
Successors and Assigns. This Agreement shall benefit Hostaway, its successors and any permitted assigns. This Agreement shall not be assignable by Host without the express Hostaway, but may be freely transferred, assigned, or delegated by Hostaway. Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings. Waiver. If Host breaches any term of this Agreement and Hostaway decides to take no action or neglects to do so, then Hostaway will still be entitled to take action and enforce our rights and remedies for any other breach. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship.Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship.Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Finland without giving effect to any principles that provide for the application of the law of another jurisdiction. Dispute Resolution. Hostaway and Host agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.
You agree that you have the power to enter into this agreement. You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host against any amounts that that may be owed to you. The Host will be entitled to assign or sub-contract their obligations under this Agreement. The Host will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences. This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise. The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect. These conditions are governed by and construed in accordance with the laws of Finland. You agree to submit to the exclusive jurisdiction of the courts of Finland for any disputes arising out of this Agreement. If you breach these terms and conditions and the Host decides to take no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by the Host of the Host’s rights hereunder and the Host will still be entitled to take action and enforce their rights and remedies for any other breach. Hostaway is a third party beneficiary of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce their respective rights and perform their respective obligations under the Terms and any agreements between the Guest and such parties.
Third Party Services
As part of our Guest Services we may book or order Guest or Host Services from third party suppliers or vendors. This will apply to any ticketed events you wish to attend, restaurant bookings or other goods or services ordered through our concierge service. Airport transfers, food orders, affiliate memberships, cleaning and nanny or babysitting Services are also supplied by third parties.
Any booking we arrange for you with a third party will be subject to that party’s terms and conditions of business as well as our Terms and this Agreement. You will be liable to pay the costs of any third party provided Guest Services and we will not be responsible for any failure on the part or that third party to adequately supply the Guest Service.
Additional Terms for Guest Services
Ticketed Events. In certain circumstances we may agree to try to secure a ticket for you at a theatre, music or sporting event. While we will use our reasonable commercial efforts to secure a ticket for the event it may be difficult to obtain tickets where the event is sold out, over-subscribed or in high demand. We do not guarantee that we will be able to obtain tickets to any event. Any tickets will be subject to the terms and conditions of the ticket agent and the venue. Helpline and General Requests. We offer a general concierge helpline which may be able to assist with specific requests and may also be your first point of call for booking restaurants, ticketed events, refrigerator stocking, or equipment during your stay.
Term and Termination
Term. This Agreement is effective from the first date you use the Site. Termination.This contract is specific and exclusive to members of Hostaway. If your membership in Hostaway is terminated for any reason whatsoever, this Agreement shall be terminated.
You acknowledge and agree that we are not liable for the provision of goods or services by third parties nor will we be liable if any goods or services requested by you are unavailable during your stay. We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar circumstances.
This Agreement is subject to the limitations of liability set forth in the Terms.
Guest agrees to defend, indemnify and hold harmless Hostaway, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (“Indemnitees”) from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Guest Services performed by Hostaway under this Agreement other than those arising because of gross negligence or intentional misconduct by Hostaway or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; and (3) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees.
Successors and Assigns. This Agreement shall benefit Hostaway, its successors and any permitted assigns. This Agreement shall not be assignable by Host without the express written consent of Hostaway, but may be freely transferred, assigned, or delegated by Hostaway. Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated,set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings. Waiver. If Guest breaches any term of this Agreement and Hostaway decides to take no action orneglects to do so, then Hostaway will still be entitled to take action and enforce our rights and remedies for any other breach. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party. Notice.All notices and other communications under this Agreement shall be provided as set forth in the Terms. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Finland, without giving effect to any principles that provide for the application of the law of another jurisdiction. Dispute Resolution. Hostaway and Guest agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.