Terms Of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Eroomsplus Platform, you agree to comply with and be bound by these Terms of Service.
By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: February 3rd, 2020
Thank you for using Eroomsplus!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Eroomsplus (as defined below) governing your access to and use of the Eroomsplus website, including any subdomains thereof, and any other websites through which Eroomsplus makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Eroomsplus Services"). The Site, Application and Eroomsplus Services together are hereinafter collectively referred to as the “Eroomsplus Platform”.
When these Terms mention “Eroomsplus,” “we,” “us,” or “our,” it refers to the Eroomsplus you are contracting with. Account as determined by either your express selection or by Eroomsplus’s assessment of your residence using various data attributes associated with your Eroomsplus Account.
1. Scope of Eroomsplus Services
1.1 The Eroomsplus Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Eroomsplus Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the Eroomsplus Platform, Eroomsplus does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Eroomsplus an organiser or retailer of travel packages. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Eroomsplus is not and does not become a party to or other participant in any contractual relationship between Members, nor is Eroomsplus a real estate broker or insurer. Eroomsplus is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Eroomsplus has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Eroomsplus does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Eroomsplus about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Eroomsplus of any Host or Listing.
1.4 If you choose to use the Eroomsplus Platform as a Host or Co-Host (as defined below), your relationship with Eroomsplus is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Eroomsplus for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Eroomsplus. Eroomsplus does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the Eroomsplus Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Eroomsplus cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Eroomsplus Platform may contain translations 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.
1.6 The Eroomsplus Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Eroomsplus is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Eroomsplus of such Third-Party Services.
1.7 Due to the nature of the Internet, Eroomsplus cannot guarantee the continuous and uninterrupted availability and accessibility of the Eroomsplus Platform. Eroomsplus may restrict the availability of the Eroomsplus Platform or certain areas or 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 Eroomsplus Platform. Eroomsplus may improve, enhance and modify the Eroomsplus Platform and introduce new Eroomsplus Services from time to time.
2. Eligibility, Using the Eroomsplus Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Eroomsplus Platform or register an Eroomsplus Account. By accessing or using the Eroomsplus Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.3 Eroomsplus may make access to and use of the Eroomsplus Platform, or certain areas or features of the Eroomsplus Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity.
2.5 The access to or use of certain areas and features of the Eroomsplus Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Eroomsplus Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
3. Modification of these Terms
Eroomsplus reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Eroomsplus Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Eroomsplus Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Eroomsplus Account") to access and use certain features of the Eroomsplus Platform, such as publishing or booking a Listing. If you are registering an Eroomsplus Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Eroomsplus Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Eroomsplus Account and your SNS Account at any time, by accessing the "Settings" section of the Eroomsplus Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Eroomsplus Account and public Eroomsplus Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Eroomsplus Account unless Eroomsplus authorizes you to do so. You may not assign or otherwise transfer your Eroomsplus Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Eroomsplus Account credentials and may not disclose your credentials to any third party. You must immediately notify Eroomsplus if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Eroomsplus Account. You are liable for any and all activities conducted through your Eroomsplus 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).
4.6 Eroomsplus may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Eroomsplus Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Eroomsplus to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Eroomsplus may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Eroomsplus Platform ("Member Content"); and (ii) access and view Member Content and any content that Eroomsplus itself makes available on or through the Eroomsplus Platform, including proprietary Eroomsplus content and any content licensed or authorized for use by or through Eroomsplus from a third party ("Eroomsplus Content" and together with Member Content, "Collective Content").
5.2 Subject to your compliance with these Terms, Eroomsplus 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 any Collective Content made available on or through the Eroomsplus Platform and accessible to you, solely for your personal and non-commercial use.
6. Service Fees
6.1 Eroomsplus may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Eroomsplus Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Eroomsplus reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Eroomsplus. The applicable Service Fees (including any applicable Taxes) are collected by Eroomsplus Payments. Eroomsplus Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Eroomsplus Payments. Except as otherwise provided on the Eroomsplus Platform, Service Fees are non-refundable.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Eroomsplus (via Eroomsplus Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.4 Eroomsplus Travel Credits
Eroomsplus Travel Credits may be redeemed for eligible bookings via the Eroomsplus Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem Eroomsplus Travel Credits after the Eroomsplus Travel Credits are reflected in your Eroomsplus Account.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Eroomsplus Platform or direct Eroomsplus customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and Eroomsplus Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Eroomsplus Payments pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, Eroomsplus may allow the Guest to apply the refund to a new booking, in which case Eroomsplus Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, Eroomsplus may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Eroomsplus may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to Eroomsplus’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, Eroomsplus will work with the Host and/or Guests to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, Eroomsplus may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Eroomsplus's Extenuating Circumstances Policy or (i) where Eroomsplus believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Eroomsplus, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, Eroomsplus may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 If, as a Host, your Guest cancels a confirmed booking or Eroomsplus decides that it is necessary to cancel a confirmed booking, and Eroomsplus issues a refund to the Guest in accordance with the Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Eroomsplus Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Eroomsplus Account, and Eroomsplus Payments will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain time frame after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Eroomsplus. Ratings and Reviews are not verified by Eroomsplus for accuracy and may be incorrect or misleading.
10.2 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.3 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Eroomsplus Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damage to Accommodations, Disputes between Members
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
12. Prohibited Activities
12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Eroomsplus Platform. In connection with your use of the Eroomsplus Platform, you will not and will not assist or enable others to:
- use the Eroomsplus Platform in connection with the distribution of unsolicited commercial messages ("spam");
- contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the Eroomsplus Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- unless Eroomsplus explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Eroomsplus Platform;
- use the Eroomsplus Platform to request, make or accept a booking independent of the Eroomsplus Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Eroomsplus Platform or Eroomsplus Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Eroomsplus harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- dilute, tarnish or otherwise harm the Eroomsplus brand in any way, including through unauthorized use of Collective Content, registering and/or using Eroomsplus or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Eroomsplus domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Eroomsplus Platform for any purpose;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
12.2 Eroomsplus has no obligation to monitor the access to or use of the Eroomsplus Platform by any member or to review, disable access to, or edit any Member Content, but has the right to do so.
12.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Eroomsplus by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).