Table of Contents
Agreement General Provisions
How Our Platform Works
Registration for Guests
Rules for Hosts and Persons Providing Accommodations
Conduct Rules for the SafelyStay Community and All Users of the SafelyStay Community, Platform, and Services
Withdrawal and Contact
Content and Member Content License
Proprietary Rights and Notices
Suspension, Termination, or Cancellation of your SafelyStay Usage
Limitation of Liability
Export Control and Restricted Countries
Controlling Law and Jurisdiction
Reservation Safeguard Services
- Annex A
Original Issue Date: February 14, 2015
Last Updated Date: Dec 02, 2019
For purposes of these Terms, the “Platform” shall mean safelystay.com and any other SafelyStay branded websites, web pages, mobile websites (collectively, the “Site”), and any mobile applications (the “Application”) operated by SafelyStay Inc. (“SafelyStay” or “we”). The “Services” shall mean any of the various services that SafelyStay provides through the Platform or any other channels, including over the telephone. Hosts may access the Platform and Services directly or through an Accommodation Aggregator. Additional definitions are described below in the “Definitions” section.
Please read these Terms and any applicable Additional Terms before using the Platform or the Services. By using the Platform or the Services (which includes but is not limited to accessing, downloading, and posting any content from or on the Site), you hereby represent, warrant, understand, and agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you join the SafelyStay Community as a registered user of the Platform or Services (“User”). These Terms govern your access to and use of the Platform and Services, and constitute a binding legal agreement between you and SafelyStay. 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, and all its affected affiliates using the Platform and Services.
The Platform and Services comprise a community of users who participate in short-term accommodations for the use of real property. You understand and agree that SafelyStay is not a party to any agreements entered into between hosts and guests, nor is SafelyStay a real estate broker, payment agent, or insurer. Except in connection with the limited services as they are described below, SafelyStay has no control over the conduct of Hosts, Guests, and other Users of the Platform or Services or the condition of any accommodation, and disclaims all liability in this regard to the maximum extent permitted by law.
This Agreement contains mandatory arbitration clauses that require you to submit claims you have against us to binding and final arbitration. By using the Platform and Services, you agree to arbitrate any dispute that arises with respect to the Platform or Services and any services arranged through us. Please refer to the “Dispute Resolution” section below for further information
Certain areas of the Platform (and your access to or use of certain aspects of the Services) may have different additional 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 the terms and conditions posted for a specific area of the Services, you agree to comply with the obligations, and accept the limitations, of all sets of terms and conditions with respect to your use of or access to that area of the Services.
1. How Our Platform Works
Our Platform and the related Services streamline the process of reserving Accommodations through a community (the “SafelyStay Community”) of unregistered visitors, registered users, and approved Hosts and Guests.
BY PROVIDING YOUR PERSONAL INFORMATION TO A HOST OR ACCOMMODATION AGGREGATOR OR SAFELYSTAY DIRECTLY, YOU AGREE TO THE VERIFICATION SERVICE PROTOCOLS AND THAT ANY AND ALL INFORMATION DETERMINED THROUGH OR IN CONNECTION WITH SUCH PROTOCOLS MAY BE USED BY SAFELYSTAY, HOSTS, AND AUTHORIZED THIRD PARTIES. BY ATTEMPTING TO RESERVE A LISTING, A USER OF THE PLATFORM OR THE SERVICES AUTHORIZES SAFELYSTAY OR A HOST TO CREATE A PERSONAL RECORD FOR SUCH USER AND GRANTS AN IRREVOCABLE POWER OF ATTORNEY TO SAFELYSTAY AND SUCH HOST FOR THE VERIFICATION SERVICE PROTOCOLS THROUGH THE END OF THE USE OF THE PLATFORM BY THE USER. IF YOU ARE A HOST, YOU VERIFY TO SAFELYSTAY THAT YOU HAVE OBTAINED THE WRITTEN CONSENT OF ALL USERS AND GUESTS AGREEING TO THESE TERMS AND THE VERIFICATION SERVICE PROTOCOLS.
SafelyStay provides verification services, assurance services, and other reservation related services that facilitate the reservation of Accommodations. See “Verification Services,” “Reservation Safeguard Services,” and “Assurance Services” below. Unless explicitly specified otherwise in writing, SafelyStay is not an owner, operator, or listing agent of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations. Unless explicitly specified otherwise in the SafelyStay Platform, SafelyStay’s responsibilities are limited to: (1) facilitating the availability of the Platform and Services, (2) arranging for Verification Services and Assurance Services, and (3) with respect to Hosts who have arranged for Reservation Safeguard Services, giving Guests an opportunity to challenge the release of payment to a Host if the Basic Services and Additional Services have not been provided by the Host for each Stay.
PLEASE NOTE THAT, AS STATED ABOVE, THE PLATFORM AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND RESERVING ACCOMMODATIONS. SAFELYSTAY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY ACCOMMODATIONS EXCEPT AS DESCRIBED UNDER RESERVATION SAFEGUARD SERVICES, WHICH PERMITS THE GUEST TO OBJECT TO THE ACCOMMODATION. SAFELYSTAY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY OTHERWISE RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY RESERVATIONS WILL BE MADE AT THE GUEST’S OWN RISK TO THE EXTENT NOT SATISFIED THROUGH THE RESERVATION SAFEGUARD SERVICES.
2. Registration for Guests
GUESTS ARE RESPONSIBLE FOR UNDERSTANDING THE LAWS APPLICABLE TO THEM WITH RESPECT TO THE PROPERTIES THEY RENT FROM HOSTS, INCLUDING BUT NOT LIMITED TO PAYMENT OF VISITOR AND OTHER TOURIST RELATED TAXES AND FEES.
With regard to individuals looking to rent Accommodations, the SafelyStay Community grants access to view Listings to unregistered visitors, registered Users, and approved Guests. In order to access additional features of the Platform or book an Accommodation, you must first provide information to us, either directly on the SafelyStay Platform or by requesting a Listing from a Host or an Aggregator Platform. You may register to join the Services on the Platform or by renting an Accommodation as described in this section.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your SafelyStay Account, whether or not you have authorized such activities or actions. You will immediately notify SafelyStay of any unauthorized use of your SafelyStay Account.
3. Rules for Hosts and Persons Providing Accommodations
HOSTS ARE RESPONSIBLE FOR UNDERSTANDING THE LAWS THAT APPLY TO THEM WITH RESPECT TO THEIR RENTAL PROPERTIES AND THEIR USE OF INFORMATION PROVIDED THROUGH THE SAFELYSTAY COMMUNITY. SOME JURISDICTIONS (SUCH AS A CITY OR TOWNSHIP) HAVE LAWS THAT RESTRICT THEIR ABILITY TO USE RESIDENTIAL PROPERTIES FOR RENTAL INCOME. THESE LAWS ARE OFTEN PART OF A JURISDICTION’S ZONING OR ADMINISTRATIVE CODES. IN MANY JURISDICTIONS, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING PAYING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE USING THE SAFELYSTAY COMMUNITY.
With regard to individuals seeking to list Accommodations to rent, the SafelyStay Community grants access to view Listings to unregistered visitors, registered Users, and approved Hosts. In order to access additional features of the Platform, create a Listing, or rent an Accommodation, you must first provide information to us, either directly on the SafelyStay Platform or through an Aggregator Platform. You may register to join the Services on the Platform or by listing an Accommodation as described in this section.
BY CREATING A SAFELYSTAY ACCOUNT AS A REGISTERED USER, OR BY USING THE SERVICES, YOU AGREE TO THE VERIFICATION SERVICE PROTOCOLS. YOU ALSO AGREE THAT ANY AND ALL INFORMATION DETERMINED THROUGH OR IN CONNECTION WITH SUCH PROTOCOLS MAY BE USED BY SAFELYSTAY, ACCOMMODATION PLATFORMS, HOSTS, AND AUTHORIZED THIRD PARTIES.
As a Host, you acknowledge and agree that you are responsible for your Listing(s) and the accuracy of your Listing(s), whether the Listing(s) are displayed in connection with the SafelyStay reservation or otherwise. Potential Guests will be able to arrange for Services through the Platform based upon the information provided in your Listing(s).
As a Host, you represent and warrant that any Listing you post and the reservation of, or a Guest’s stay at, an Accommodation in a Listing you post (1) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (2) will (A) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (B) not conflict with the rights of third parties. Please note that SafelyStay assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. SafelyStay reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that SafelyStay, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or SafelyStay’s then-current Policies and Community Guidelines (at https://safely.ai), or otherwise harmful to the Platform or Services.
4. Conduct Rules for the SafelyStay Community and All Users of the SafelyStay Community, Platform, and Services
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform, Services, and Collective Content. In connection with your use of the Platform, Services, and Collective Content, you may not and you agree that you will not:
Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations and standards of rental associations, or other similar organizations which have the effect of binding Hosts or Guests;
Post, upload, publish, submit, or transmit any Content that: (1) 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; (2) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (3) is fraudulent, false, misleading, or deceptive; (4) is defamatory, obscene, pornographic, vulgar, or offensive; (5) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (6) is violent or threatening or promotes violence or actions that are threatening to any other person; or (7) promotes illegal or harmful activities or substances;
Use or copy the Platform, Services, or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
Use our Platform or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;
Use our Platform, Services, or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
“Stalk” or harass any other user of our Platform, Services, or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a SafelyStay Guest or Host;
Request any Verification Services or similar services from SafelyStay with respect to any individual unless such individual has executed a written undertaking required under applicable law to consent to such service;
Offer, as a Host, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
Offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
Request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself, unless SafelyStay explicitly permits otherwise;
Contact a Host for any purpose other than asking a question related to a reservation or a Host’s Accommodations or Listings;
Contact a Guest for any purpose other than asking a question related to a reservation or such Guest’s use of the Platform and Services;
Recruit or otherwise solicit any Host or other User to join third-party services or websites that are competitive to SafelyStay or its partners, without SafelyStay’s prior written approval;
Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
Use manual or automated software or scripts, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl” or “spider” any information, web pages or services contained in the Platform or Services or Collective Content or otherwise systematically retrieve such or similar information in single or multiple downloads, a collection, compilation, database, directory or the like;
Use, display, mirror or frame the Platform, Services, or Collective Content, or any individual element within the Platform, Services, or Collective Content, SafelyStay’s name, any SafelyStay trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform or Services, without SafelyStay’s express written consent;
Interfere with or damage our Platform or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
Access, tamper with, or use non-public areas of the Platform or Services, SafelyStay’s computer systems, or the technical delivery systems of SafelyStay’s providers;
Attempt to probe, scan, or test the vulnerability of any SafelyStay system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SafelyStay or any of SafelyStay’s providers or any other third party (including another user) to protect the Platform or Collective Content;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application, or Collective Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
Advocate, encourage, or assist any third party in doing any of the foregoing.
SafelyStay has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
5. Offensive Content
You may not publish or transmit offensive content; this includes content that contains offensive language, sexually explicit content, and any content that is considered unlawful, threatening, abusive, racist, derogatory, harmful, obscene, harassing, discriminatory, or libelous.
You may not publish any content that may violate or encourage violation of any applicable local, state, national or international law or regulation.
SafelyStay reserves the right to read, censor and edit profiles, monitor chat room conversations and remove and edit posts on the forums.
SafelyStay reserves the right to automatically filter content sent to and by users. This content includes but is not limited to email addresses, telephone numbers, weblinks and instant messenger details.
You may not publish or transmit content that contains advertising or commercial messages, including on your profile and in communications with other users.
You may not spam other user’s message boxes with any form of solicitation or request.
You may not impersonate any other person or entity. You may not use the content from another user’s profile on this site or any other, or use another person’s photo as your own.
You may not publish any personal contact information in your profile, your posts, forums and via photos. This includes but is not restricted to, telephone numbers, email addresses, instant messaging contact details, website URL’s, place of work, etc. Personal contact information will be removed.
6. No Endorsement
Except as specifically described in its Services, SafelyStay does not in any way endorse any Guest or Host or Accommodation. Hosts and Guests are required by these Terms to provide accurate information, and although SafelyStay may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, there are limitations to all background checks if accurate information is not provided, or if there are otherwise limits to available information. Therefore, although SafelyStay’s Services are intended to reduce the risks associated with any Accommodation, no processes can completely reduce all risk. You are expected to take ordinary care in making any Reservation and using SafelyStay’s Hosts and making Accommodations available to Guests.
By using the Platform or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Hosts or Guests or other third parties will be limited to a claim against the particular Host or Guest or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from SafelyStay with respect to such actions or omissions. This limitation shall not apply to any claim by a Host against SafelyStay regarding the remittance of payments received from a Guest by SafelyStay on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Our Platform and Services are intended solely for persons who are 18 year old or older. Any access to or use of the Platform or Services by anyone under 18 years old is expressly prohibited. By accessing or using the Platform or Services you represent and warrant that you are 18 years old or older.
9. Withdrawal and Contact
To withdrawal from the SafelyStay Community, please send a notice to the concierge at firstname.lastname@example.org. If you have any questions about these terms, please contact SafelyStay at the same address.
10. Service Fees
In consideration for the use of SafelyStay’s online marketplace and platform, SafelyStay charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in addition to the Service Fees. SafelyStay deducts the Service Fees from the Total Fees before remitting the balance to the Host as described in these Terms.
Balances will be remitted by SafelyStay to Hosts via PayPal, direct deposit, or other payment methods described on the Platform, in the Host’s currency of choice, depending upon the selections the Host makes through the Platform and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.
Please note that SafelyStay, may impose or deduct foreign currency processing costs on or from any payments or payouts by SafelyStay in currencies other than U.S. dollars. Additional information regarding any such costs or deductions will be available through the Platform. Further information can be found at https://safely.ai. Except as otherwise provided herein, Service Fees are non-refundable.
The Platform, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Platform, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of SafelyStay and its licensors. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform, Services, or Collective Content.
13. Content and Member Content License
Subject to your compliance with these Terms, SafelyStay grants you a limited, non-exclusive, non-transferable license through the SafelyStay Community to (1) access and view any SafelyStay Content solely for your personal and non-commercial purposes and (2) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SafelyStay or its licensors, except for the licenses and rights expressly granted in these Terms.
14. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content, for example, by posting a review of an Accommodation. By making available any Member Content on or through the Platform and Services, you hereby grant to SafelyStay a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Platform and Services. SafelyStay 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 Platform and Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all Member Content that you make available through the Platform and Services or you have all rights, licenses, consents and releases that are necessary to grant to SafelyStay the rights in such Member Content, as contemplated under these Terms; and (2) neither the Member Content nor your posting, uploading, publication, submission, or transmittal of the Member Content or SafelyStay’s use of the Member Content (or any portion thereof) on, through or by means of the Platform and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Platform and Services may contain links to third-party websites or resources. You acknowledge and agree that SafelyStay is not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources.
Our Site provides links to certain third party websites for your convenience only. These sites are owned by third parties not related to or controlled by SafelyStay. As such, we do not warrant or guarantee the availability, completeness, truthfulness, accuracy, usefulness, timeliness, or reliability of any information or material contained in such third party sites, or the results of use of or reliance on the same. Also, by linking to a third-party website, we in no way sponsor, endorse, approve, or recommend this page to others, or any information, material, views, opinions, products or services advertised, offers published on the website or third parties. You acknowledge that you access such third-party sites and use them only at your own risk. You agree that under no circumstances will we be liable in any way for any information or material contained on any third-party websites linked from or through the Platform. We are not responsible for any errors or omissions associated with such third party sites, or any loss or damage incurred as a result of class use of or reliance upon any information or material contained in such third-party sites.
16. Proprietary Rights and Notices
All trademarks, service marks, logos, trade names, and any other proprietary designations of SafelyStay used herein are trademarks or registered trademarks of SafelyStay. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com or through the “Concierge” (https://safely.ai/contact-us) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of SafelyStay and you hereby irrevocably assign to SafelyStay and agree to irrevocably assign to SafelyStay all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein. At SafelyStay’s request and expense, you will execute documents and take such further acts as SafelyStay may reasonably request to assist SafelyStay to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
18. Copyright Policy
SafelyStay respects copyright law and expects its users to do the same. It is SafelyStay’s policy to terminate any user’s personal association with SafelyStay or terminate the association of other persons who are believed to be repeatedly infringing the rights of copyright holders. Please see SafelyStay’s Copyright Policy at https://safely.ai/copyright, for further information.
19. Suspension, Termination, or Cancellation of your SafelyStay Usage
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate, or cancel your access to SafelyStay Services. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (1) your ability to use SafelyStay Services will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform and Services, your SafelyStay Account, your Member Content, or receive assistance from SafelyStay Customer Service, (2) any pending or accepted future reservations as either Host or Guest will be immediately terminated, (3) we may communicate to your Guests or Hosts that a potential or confirmed reservation has been cancelled, (4) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (5) we may contact your Guests to inform them about potential alternate Accommodations with other Hosts that may be available on the Platform and Services, and (6) you will not be entitled to any compensation for reservations or reservations (even if confirmed) that were cancelled as a result of the suspension, deactivation or termination. You may cancel your SafelyStay Account at any time via the “Cancel Account” feature of the Services or by sending an email to firstname.lastname@example.org. Please note that if your SafelyStay Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform and Services, including, but not limited to, any reviews or Feedback. Account cancellation does not cancel existing reservations nor does cancellation void any existing obligations to Guests, Hosts, or SafelyStay.
IF YOU CHOOSE TO USE THE PLATFORM AND SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SAFELYSTAY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY REGISTERED USER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION UNLESS OTHERWISE SOLD AS A SERVICE. THE PLATFORM, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SAFELYSTAY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SAFELYSTAY MAKES NO WARRANTY THAT THE PLATFORM, SERVICES, AND COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SAFELYSTAY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES, OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SAFELYSTAY OR THROUGH THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT SAFELYSTAY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. SAFELYSTAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM OR SERVICES. YOU UNDERSTAND THAT THE BACKGROUND CHECKS PERFORMED BY SAFELYSTAY MAY BE ERRONEOUS OR INCOMPLETE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. SAFELYSTAY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR HOST OR OTHER THIRD PARTY.
21. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM, SERVICES, AND COLLECTIVE CONTENT, YOUR LISTING OR RESERVATION OF ANY ACCOMMODATIONS VIA THE PLATFORM AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SAFELYSTAY WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SAFELYSTAY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES FROM YOUR LISTING OR RESERVING ANY ACCOMMODATION VIA THE PLATFORM AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAFELYSTAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT DISBURSEMENT UNDER THE SAFELYSTAY PAYMENT SERVICES, IN NO EVENT WILL SAFELYSTAY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PLATFORM AND SERVICES FOR ANY PARTICULAR RESERVATION INCLUDING, BUT NOT LIMITED TO YOUR LISTING OR RESERVATION OF ANY ACCOMMODATION VIA THE PLATFORM AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR OR IN CONNECTION WITH SUCH RESERVATION VIA THE PLATFORM AND SERVICES. THIS LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SAFELYSTAY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold SafelyStay and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Platform, Services, or Collective Content or your violation of these Terms; (2) your Member Content; (3) your (A) interaction with any Registered User, (B) reservation of an Accommodation, or (C) creation of a Listing; and (4) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, reservation or use of an Accommodation.
23. Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (1) into any United States embargoed countries; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Platform and Services, you represent and warrant that (1) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Platform and Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, or nuclear, chemical, or biological weapons. SafelyStay does not permit Listings associated with certain countries due to U.S. embargo restrictions.
24. Reporting Misconduct
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (1) engages in offensive, violent, or sexually inappropriate behavior, (2) you suspect of stealing from you, or (3) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to SafelyStay by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. Obviously, if any person contacted through the SafelyStay Community is causing or threatening harm to life or property, the authorities should be contacted on an emergency basis.
25. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between SafelyStay and you regarding the Platform, Services, or Collective Content and any Reservations or Listings of Accommodations made via the Platform and Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between SafelyStay and you regarding Reservations or listings of Accommodations, or use of the Platform, the Services or Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without SafelyStay’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SafelyStay may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by SafelyStay (1) via email (in each case to the address that you provide) or (2) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
28. Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to its conflict-of-law provisions. You and SafelyStay agree to submit to the personal jurisdiction of a state court located in Wilmington, Delaware or Cobb County, Georgia for any actions for which the parties retain 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, as set forth in the Dispute Resolution provision below.
29. Dispute Resolution
You and SafelyStay agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains 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 SafelyStay 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 SafelyStay 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.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at or by calling the AAA at +1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at and a separate form for California residents at The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and SafelyStay otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SafelyStay submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. SafelyStay will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, SafelyStay will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if SafelyStay 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 feedback@SafelyStay.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of SafelyStay’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SafelyStay 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).
The failure of SafelyStay to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SafelyStay. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
In some cases, a Host may require a Guest to make advance payments in multiple installments before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). Additional information on Recurring Payments will be made available on the Host’s website. If Recurring Payments apply to a confirmed reservation using the Reservation Safeguard Services, then the Guest authorizes SafelyStay, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments.
SafelyStay may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts or service providers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, SafelyStay may round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, SafelyStay may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 units of the currency and round for a final number – an amount of 5 will be rounded up to the next decile unit; 4 will be rounded down.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Hosts, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US hosts with at least one Listing in the US. Unless SafelyStay has agreed to provide a Tax-related Service to you (which agreement will be in writing and subject to additional costs, you as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a U.S. Host and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payments to you until the issue is resolved, to withhold such amounts as required by law.
As a Host, you understand and agree that you are solely responsible for determining (1) your applicable Tax reporting requirements, and (2) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. SafelyStay cannot and does not offer Tax-related advice.
Where applicable, or based upon request from a Host, SafelyStay may issue a valid VAT invoice to such Host.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Accommodation is located may require Taxes to be collected by Hosts from Guests on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes“).
In certain jurisdictions, SafelyStay may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of and in-lieu of Hosts, if such tax jurisdiction asserts SafelyStay or Hosts have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate collection and remittance of Occupancy Taxes, whether you are a Guest or Host you hereby instruct and authorize SafelyStay to collect Occupancy Taxes from Guests on behalf of and in lieu of Hosts at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When SafelyStay facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, SafelyStay will provide notice to existing Hosts with Listings for Accommodations in such jurisdictions. The amount of Occupancy Taxes collected and remitted through facilitation by SafelyStay, if any, will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Guests and Hosts agree that in any jurisdiction where SafelyStay facilitates collection and remittance of Occupancy Taxes on behalf of and in lieu of Hosts, such Hosts are not permitted to also collect and/or remit such taxes on any portion of the Accommodation Fees. Hosts and Guests acknowledge and agree that in some jurisdictions, SafelyStay may not be able to facilitate collection and remittance of Occupancy Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and remittance of Occupancy Taxes to the Tax Authority in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations. For any jurisdiction in which we facilitate collection and remittance of Occupancy Taxes, Hosts and Guests expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions.
Whether you are a Guest of Host, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by SafelyStay in connection with collection and remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by SafelyStay from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
SafelyStay may be able to assist you in your payment of Taxes as a separate service and can discuss that with you upon request.
Certain Damage to Accommodations
As a Guest, you are generally responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals with whom you invite to, or otherwise provide access to, the Accommodation. Even if insurance is purchased on your behalf, you understand that insurance will not cover wanton acts, malicious acts, or willful acts, and may not cover gross negligence.
In the event that a Host claims damages from the type of acts described above [à gross negligence, or wanton, malicious, or willful acts? Or general acts and omissions?] and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items that is not covered by any available primary insurance policies. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your SafelyStay Account or reservation record. SafelyStay also reserves the right to charge the credit card on file in your SafelyStay Account or reservation record, or otherwise collect payment from you and pursue any avenues available to SafelyStay in this regard, including using Security Deposits, in situations in which you have been determined, in SafelyStay’s sole discretion, to have damaged any Accommodation, and in relation to any payments made by SafelyStay to Hosts, if insurance is not otherwise immediately known to be available under the Assurance Services discuss above. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to SafelyStay (if applicable). If we charge your credit card and we or the Host are subsequently reimbursed by insurance, we will remit the balance of any recoveries to you, net of costs and related charges.
Both Guests and Hosts agree to cooperate with and assist SafelyStay in good faith, and to provide SafelyStay with such information and take such actions as may be reasonably requested by SafelyStay in connection with any Objections made by Guests relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by SafelyStay or a representative of SafelyStay regarding use or abuse of the Platform or the Services. If you are a Guest, upon SafelyStay’s reasonable request, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by SafelyStay or a third party selected by SafelyStay, with respect to losses for which the Host is requesting payment from SafelyStay.
SafelyStay’s partners with online platforms who facilitate reservations between Guests and Hosts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although partner platforms allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be approximately 1.25, and the currency conversion rate from Euros to US dollars would be approximately 0.8. Currency conversion rates will vary daily or more frequently as determined by applicable foreign exchange markets. .
SafelyStay does not hedge any currency and is not responsible for any losses to Host or Guest as a result of currency fluctuations. SafelyStay will hold all amounts in U.S. dollars or certain other local currencies if SafelyStay maintains a local currency denominated bank account and will only convert such dollars as needed on the date of, or the date immediately preceding, the payment of the Accommodation Fee to the Host.
Foreign Currency Processing with SafelyStay
SafelyStay will process a foreign currency conversion in the following situations:
The Display Currency is different from the Listing Currency when a user views a Listing: SafelyStay will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Reservation Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied.
The Reservation Currency is different from the Listing Currency when a Guest submits a reservation request for a Listing: SafelyStay will calculate the Total Fees in the Reservation Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the reservation request to the Total Fees in the Listing Currency. The Guest will be able to view the actual exchange rate applied. The Guest Fee, which is a percentage of the applicable Accommodation Fees, will be calculated based on the Accommodation Fees in the Reservation Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Reservation Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied.
The Payout Currency is different from the Listing Currency when SafelyStay initiates a payout: generally, SafelyStay will calculate the payout to the Host, by applying the Base Exchange Rate on the date that SafelyStay initiates the payout (less SafelyStay’s Service Fees and any Taxes in respect of the Service Fees, such as VAT in Europe) in the Listing Currency. The Host will be able to view or request from SafelyStay the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the Host involves certain third-party payment processors (such as Western Union), (i) SafelyStay will send the payout amount to the processor in a major currency (e.g. US dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the Host will be able to view the payout amount sent by SafelyStay in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the Host by applying its own foreign currency conversion rate for that major currency to the Payout Currency less any applicable processor fees.
When a confirmed reservation is modified or cancelled, and there had been a foreign currency conversion when the reservation was submitted: the foreign currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest.
When you as a Guest submit a reservation request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Reservation Currency or request the exchange rate from SafelyStay when not displayed. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate or request the mark-up from SafelyStay when not displayed. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your reservation.
SafelyStay updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, SafelyStay does not always change the Base Exchange Rate immediately when the costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Reservation Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to SafelyStay.
SafelyStay has negotiated with Voyager Indemnity Insurance Company, a Georgia corporation (the “Insurer”), to provide certain insurance coverage related to each rental transaction with respect to the primary insurance coverage it offers for Guests and for limited property coverages for Hosts and Guests. The terms of coverage can be reviewed at [insert cite for review or draft as appropriate.]
When you enter into an agreement for Assurance Services with SafelyStay, you and your customers (Hosts and Guests) will be extended certain liability coverage associated with the rental transaction. Each Host and Guest agrees to be bound by the terms and to be subject to the conditions of the insurance agreement, and agrees to administer the insurance as set forth by SafelyStay and the Insurer, including but not limited to remittance of collected insurance charges, assistance in claims submissions and assistance in claims investigations. As part of the rental transaction, you agree to advertise the insurance in strict accordance with SafelyStay’s and the Insurer’s guidelines, which will be provided to you prior to making the insurance available to your customers.
Insurance coverage will be offered in the varying increments for combined Bodily Injury and Property Damage Liability, which will vary from time to time, based on market conditions and the selections made by the Host or the Guest at the time an Accommodation is reserved.
If you are purchasing or making a claim against an insurance policy, you must review the applicable fraud warning notice contained at
Assurance Services for Hosts
Hosts will be extended limited liability insurance with respect to liability arising from certain property damage or bodily injury in connection with facilitation of the rental of the Accommodation.
Hosts will be afforded limited personal liability insurance with respect to bodily injury or property damage that take place during the rental transaction on the host’s property. The coverage described herein is a broad, general overview of the insurance. Actual terms and conditions of the policy apply, which include various coverage limits, exclusions and rights of termination. Each Host and Guest is encouraged to read and become familiar with existing all applicable insurance policies and programs to determine how the insurance program described herein may or may not relate or respond to those existing insurance policies or programs. Copies of the relevant agreements are available on request.
SafelyStay recommends that Hosts obtain appropriate property insurance covering the realty and personal property at their Accommodations, depending on the value of the underlying property to each Host. Such insurance will be secondary to the primary coverages acquired through SafelyStay, but there are limits to the SafelyStay coverages that may require that homeowners insurance or other coverages assume the responsibility for the Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, including any umbrella coverages, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policies, including, but not limited to, whether or not your insurance policies will provide excess coverage for the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
Assurance Services for Guests
Guests will be offered limited personal liability insurance with respect to damage Guests or their invitees cause to the Host’s dwelling or personal property.
We have defined terms that we use, and these definitions are very important to us. Here are some additional defined terms that you should be aware of:
“Accommodation” refers to a room, group of rooms, or vacation home available for rent from Hosts or Accommodation Aggregators.
“Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. The Host alone, and not SafelyStay, determines these amounts. The Host may in his or her sole discretion decide to include in these amounts (1) a cleaning fee or any other fee permitted on the SafelyStay platform, or (2) Taxes that he or she determined that he or she has to collect. Host shall be responsible for the payment for the Services to SafelyStay, and shall either (A) retain a Cancellation Fee that will cover the cost of SafelyStay’s Services associated with the Accommodation Fees, or (B) otherwise promptly pay or make arrangements to pay SafelyStay for its Services. The fees for SafelyStay’s Services shall be non-refundable. By using the Platform and the Services, Host grants SafelyStay a security interest in the Accommodation Fee and the Cancellation Fee for the SafelyStay Services. Host understands that SafelyStay may, in some cases, execute further documentation to perfect its security interest.
“Additional Services” means, with respect to any Accommodation, any additional features or amenities listed or included in the description of the Accommodation offered by the Host. The Additional Services will be deemed to be satisfied if the Guest has received the material benefit of the bargain, in the sole discretion of SafelyStay, offered in the Listing.
“Adjusted Exchange Rate” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by SafelyStay for its holding costs.
“Base Exchange Rate” means a system-wide rate used by SafelyStay for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by SafelyStay. SafelyStay establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).
“Basic Services” means, with respect to any Accommodation, the following, except as noted as an Additional Service in the Listing for a particular Accommodation:
The Accommodation is a sheltered and private location for the use of a Guest and includes appropriate sleeping areas, a connected and private bathroom and shower, with hot and cold running water, and is functionally furnished for the Guest.
The Accommodation is enclosed and can be protected with a lock or other security device.
Local amenities, such as air conditioning and heating, in locations where a customer would reasonably expect those amenities.
“Cancellation Fee” shall mean a fee charged by the Host to the Guest for cancelling a reservation once the reservation has been submitted to SafelyStay requesting Services.
“Collective Content” means Member Content and SafelyStay Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Display Currency” means the currency in which users view Listing prices on the platform. Guests may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.
“Guest” includes anyone who requests a reservation of an Accommodation via the Platform, Services, or Host, or a user of the Platform or Services who stays in an Accommodation and is not the Host for such Accommodation.
“Guest Verification Service” shall mean a service offered to Hosts, whereby SafelyStay will collect verification data from Guests, including name, addresses, date of birth, and other available information to confirm the identity of the Guest. SafelyStay will check the Guest against a proprietary collection of databases that collect fraud and crime data and against a separate proprietary vacation record database collected from millions of rental nights.
“Host” means a Registered User who is placing a Listing or other independent listing requesting Guests to reserve Accommodations, and who accommodates those Guests.
“Host Verification Services” shall mean a service offered to Guests, at the request of Guests or Hosts, whereby SafelyStay will collect verification data from Hosts, including identification numbers, addresses, Better Business Bureau records, and other available records to confirm the identity of the Host and the Basic Services offered. SafelyStay will check the Host against a proprietary collection of databases that collect fraud and crime data and against a separate proprietary vacation record database collected from millions of rental nights.
“Listing” means an Accommodation that is listed by a Host as available for rental via the Platform and Services.
“Listing Currency” means the currency in which a Listing’s price is set. The Listing Currency is set by the Host.
“Registered User” means a person who completes SafelyStay’s account registration process, including but not limited to Hosts and Guests and third parties acting for Hosts, as described under “Account Registration” below.
“Member Content” means all Content that a Registered User posts, uploads, publishes, submits or transmits to be made available through the Platform or Services.
“Payout Currency” means the currency in which a Host’s payout will be paid to the Host. The Payout Currency is set by the Host.
“Reservation Currency” means the currency in which a Guest has to pay for his or her reservation. At the time the Guest submits a reservation request, SafelyStay will select the Reservation Currency, based on the Guest’s country of origin, the Listing Currency, the Payout Currency and the payment methods available for that country. SafelyStay supports only a certain number of currencies as Reservation Currencies. The Reservation Currency for a reservation may be different from the relevant Listing Currency.
“SafelyStay Content” means all Content that SafelyStay makes available through the Platform or Services, including any Content licensed from a third party, but excluding Member Content.
“Service Fees” means the fee that SafelyStay charges a Host or Guest for products and services from the SafelyStay platform. In most cases, Service Fees are determined as part of the sales contract with a specific Host or Accommodation Aggregator and may vary regionally and by the nature of the Host’s offering.
“Services” means the Reservation Safeguard Services, the Verification Services, and the Assurance Services, all as described below. For Guests that request Host Verification Services, the Services shall also include the Host Verification Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Total Fees” means collectively the Accommodation Fees and the Service Fees (plus any Taxes).
“Verification Service Protocols” shall mean and include all the procedures listed on Annex A, including background checks, and shall include the authority for any and all information determined through or in connection with such protocols to be used by SafelyStay, Hosts, and other authorized third parties
ANNEX A: VERIFICATION SERVICE PROTOCOLS
Notice to Furnishers of Information: Obligations of Furnishers Under the FCRA
SafelyStay’s Business Model Includes the Use of Background Checks About You
By using the Platform or Services as a member of the SafelyStay Community, you acknowledge and agree that SafelyStay may review and use any Background Checks about yourself for the legitimate business purpose of reporting information about the background of a prospective Guest to a Host, or, in the case of Host Verification Services, information about the Host which will be provided to prospective Guests.
Background Checks are regulated by the Fair Credit Reporting Act (the “FCRA”), and the background reports resulting from these services are considered “consumer reports” under the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.
Before a Background Check may be conducted, the Host or Guest upon which the Background Check is made must read and agree to the Background Check Authorization & Disclosures (below). If you are a Host, you agree to conspicuously display the Background Check Authorization & Disclosures with your policies or terms. You further agree to require a Guest’s acceptance of the Background Check Authorization & Disclosures prior to obtaining the Guest’s personal information for the Background Check.
SafelyStay will provide the background information to the Host or Guest in question. The person requesting the information agrees to advise SafelyStay if it makes an adverse determination with respect to the person about whom information is provided. If SafelyStay receives notice that an adverse determination has been made, SafelyStay will notify the affected parties as required by applicable law or regulation. We will also provide the applicable Host or Guest subject to the Verification Services with the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that SafelyStay does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not SafelyStay.
BY AGREEING TO THESE TERMS AND USING OUR PLATFORM AND SERVICES, YOU AGREE TO ALLOW SAFELYSTAY TO PERFORM THESE BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SAFELYSTAY.
Guests Can Order or Authorize Background Checks and Can Authorize the Sharing of Results with Other members of the SafelyStay Community, including Hosts and Aggregator Platforms
SafelyStay offers Background Check services from consumer reporting agencies. The other Background Check services require payment of a separate fee by the Member or user who is initiating the background check request, or the fee is included in the price of an applicable insurance policy.
Each of these Background Check services are regulated by the Fair Credit Reporting Act (the “FCRA”), and the background reports resulting from these services are considered “consumer reports” under the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.
SafelyStay will receive a copy of each Background Check you order or authorize through SafelyStay. See below for information regarding SafelyStay’s use of these Background Checks. If you order a Background Check about yourself, a copy of the results will be distributed to you.. You are responsible for making sure that the contact information you provide to SafelyStay is correct, knowing that sensitive information will be sent to the email or address indicated..
If you order a preliminary Background Check in response to a request by a SafelyStay Member and the check comes back without record or with information that does not result in SafelyStay turning down your request for a Reservation we will forward the check to the SafelyStay Member who requested it in accordance with your authorization at the time you ordered the check. The results of any Background Check you order that results in SafelyStay not recommending you for a Reservation will not be shared with other users.
If a SafelyStay Member orders a background check pursuant to your written authorization, the consumer reporting agencies that performed the associated checks will provide them to SafelyStay. SafelyStay will share a summary of the results excluding specific details to the SafelyStay Member who ordered the background check. The summary of results of a background check ordered by a SafelyStay Member pursuant to your electronic authorization will be shared directly with the SafelyStay Member regardless of its contents.
If you have ordered a Background Check through SafelyStay, we may indicate in your profile that you have completed the check and are recommended as Guest or Host. However, we will not share the results with any other site visitor or Registered User without your specific consent.
Special Responsibilities of SafelyStay Members under FCRA
SafelyStay Members may request and receive a copy of a Background Check on a SafelyStay Member, subject to the SafelyStay Member’s explicit instructions about who may have access to such a report.
If you receive a copy of a background report, you warrant that you will use such information only for a purpose permitted by FCRA, such as an employment purpose, and that you will comply with any and all applicable obligations of the FCRA as well as all other applicable consumer reporting laws.
Your responsibilities in using the information contained the background check can be found at FCRA governs the use of reports obtained from a consumer reporting agency, such as the third party consumer reporting agencies we use.
If there is negative data in a check you receive, and you choose to take “adverse action” (i.e. choose to pass on that individual’s candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found athttps://www.ftc.gov/os/statutes/fcrajump.shtm. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report. Moreover, if the subject contests the report with the consumer reporting agency, you are required to suspend the reservation process while the agency researches the accuracy and completeness of the report.
SafelyStay May Regularly Verify Information About You
By registering as a member of the SafelyStay community, you authorize SafelyStay, and acknowledge that for purposes of promoting the safety and integrity of its Platform and Services, SafelyStay reserves the right, but not the obligation, to utilize third party service Members to verify on an ongoing basis that your data and information about you, such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that SafelyStay may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for SafelyStay.
You also hereby represent, understand and expressly agree that SafelyStay does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW SAFELYSTAY TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SAFELYSTAY. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
IN ADDITION TO BACKGROUND CHECKS AND VERIFICATION CHECKS, SAFELYSTAY WILL MAINTAIN A DATABASE OF PERSONS WHO ARE REGISTERED IN THE SAFELYSTAY COMMUNITY AND THOSE WHO ARE NOT RECOMMENDED FOR COMMUNITY MEMBERSHIP.
You understand that SafelyStay has no obligation to admit any person to its community of users as long as it acts in accordance with all applicable legal standards in establishing its community of users. In some cases, SafelyStay will determine that an individual is not eligible to be a member of the SafelyStay community. In those cases, SafelyStay may notify other members of the SafelyStay community that such individual is no longer a member of the SafelyStay community. By accessing the Platform or the Services, you agree that SafelyStay can notify third parties that you are not, or are not eligible, to be a member of the SafelyStay community.
Release of Liability for Results of Background Checks and Verification Checks
If you decide to use or access information included in a Background Check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal database, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.
If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless SafelyStay from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. SafelyStay does not assume and expressly disclaims, and you hereby agree to release SafelyStay from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.
You expressly acknowledge that SafelyStay has no obligation to perform Background Checks or Verification Checks on any member of the SafelyStay community. To the extent SafelyStay performs such checks on certain members of the SafelyStay community, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
Background Check Authorization & Disclosures
BACKGROUND CHECK DISCLOSURE
SafelyStay, Inc. (“SafelyStay”), the entity that conducts guest verifications for vacation home rentals, is committed to safety. As part of that commitment, SafelyStay may now, or at any time while you are a current guest or potential guest for a vacation home rental with SafelyStay’s trusted partners, verify information within your reservation booking details by obtaining a consumer report and/or investigative consumer report (background check) from a consumer reporting agency (“CRA”).
As allowed by law, you understand and agree that SafelyStay may obtain additional background checks without a new authorization from you for every vacation reservation booking with a SafelyStay’s trusted partner.
ADDITIONAL BACKGROUND CHECK DISCLOSURES
CALIFORNIA: You have a right to view the file that a CRA has with your information, and order a copy of their file, upon submitting proper identification and paying actual copying costs, by visiting their offices, during normal business hours and on reasonable notice. You also have a right to submit a written request for a copy of your file to be provided to you by certified mail or for a telephonic file summary. The CRA will provide trained personnel to explain to you the information furnished and can answer questions about information in your file, including any coded information. If you come to its offices in person, another person can join you, so long as that person can show proper identification. Please contact SafelyStay at firstname.lastname@example.org for information on obtaining your report.
MINNESOTA: You have a right, upon written request to the CRA, to a complete and accurate disclosure of the nature and scope of any background check SafelyStay ordered about you. The CRA must provide you with this disclosure within 5 business days after receipt of your request or from when the report was requested by SafelyStay, whichever date is later. Please contact SafelyStay at concierge@Safely.ai for information on obtaining your report.
NEW YORK: You have the right, upon written request, to be informed of whether SafelyStay requested a background check about you. Please contact SafelyStay at concierge@Safely.ai for information on obtaining your report.