"GuestHouser Content" means all Content that GuestHouser makes available through the Site, Applications, or Services. This includes content licensed from a third-party, but excludes Member generated Content.
"Member Content" means member, or user generated content.
"Overall Content" means User Content and GuestHouser content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Guest" means a Member who requests to book an Accommodation via the site, application, or services, or a member that stays at an Accommodation and is not the host.
"Host" means a Member who creates a Listing via the site, application, and services.
"Listing" means any Accommodation that is listed by a Host and is available for rental via the site, application, or services.
"Member" means a person who completed GuestHouser's account registration process, including, but not limited to, hosts and guests.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, or transmits via the Site, Application, or 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.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
GuestHouser is intended of adults that are 18 years or older. By registering as a Member and completing the registration process, you are agreeing that you meet the minimum age requirements.
The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties ("Accommodations"). Such Accommodations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create a GuestHouser Account (defined below). As stated above, GuestHouser makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations. GuestHouser is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and GuestHouser does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services and GuestHouser's role is solely to facilitate the availability of the Site, Application and Services. Similarly, GuestHouser is not a contracting agent or representative of any Host. Instead, GuestHouser's role is solely to facilitate the availability of the Site, Application and Services for Members and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENTED TO BE USED TO FACILIATE THE BOOKING OF ACCOMODATIONS. GuestHouser CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. GuestHouser IS NOT RESPONSIBLE FOR ANY DISCLAIMS AND ALL LIABILITY RELATED TO LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST'S OWN RISK.
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. You can also register to join by logging into your account with certain third-party social networking sites (including, but not limited to, Facebook). As part of the functionality of the Site, Application and Services, you may link your GuestHouser Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to GuestHouser through the Site, Services or Application; or (ii) allowing GuestHouser to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third- Party Account. You represent that you are entitled to disclose your Third-Party Account login information to GuestHouser and/or grant GuestHouser access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating GuestHouser to pay any fees or making GuestHouser subject to any usage limitations imposed by such third-party service providers. By granting GuestHouser access to any Third-Party Accounts, you understand that GuestHouser will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account so that it is available on and through the Site, Services and Application via your GuestHouser Account and GuestHouser Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your GuestHouser Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or GuestHouser's access to such Third- Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
GuestHouser makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and GuestHouser is not responsible for any SNS Content.
We will create your GuestHouser Account and your GuestHouser Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active GuestHouser Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. GuestHouser reserves the right to suspend or terminate your GuestHouser Account and your access to the Site, Application and Services if you create more than one (1) GuestHouser Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 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 GuestHouser Account, whether or not you have authorized such activities or actions. You will immediately notify GuestHouser of any unauthorized use of your GuestHouser Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered.
You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Guest stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that GuestHouser assumes no responsibility for a Host's compliance with any applicable laws, rules and regulations. You understand and agree that GuestHouser does not act as an insurer or as a contracting agent for, or representative of, you as a Host, and if a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and GuestHouser is not a party thereto. Please note that GuestHouser reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that GuestHouser, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Hosting" section of the Site, Application and Services. If you are a Host, GuestHouser makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).
GuestHouser recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, 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 policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
Booking and Financial Terms For Hosts If you are a Host and a booking is requested for your Accommodation via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by GuestHouser in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest's GuestHouser Account profile page, (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to GuestHouser when the Guest became a Member matches the name that the Guest provided to the SNSs to which the Guest has linked his or her GuestHouser Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Accommodation within such 24 hour period, any amounts collected by GuestHouser for the requested booking will be refunded to the applicable Guest's credit or debit card and any pre-authorization of such credit or debit card will be released. When you confirm a booking requested by a Guest, GuestHouser will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
The fees displayed in each Listing are comprised of the Accommodation Fees (defined below) and the Guest Fees (defined below.) Where applicable, Taxes may be charged in addition to the Accommodation Fees and Guest Fees. The Accommodation Fees, the Guest Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The amounts due and payable by a Guest solely relating to a Host's Accommodation are the "Accommodation Fees". Please note that it is the Host and not GuestHouser which determines the Accommodation Fees. The Accommodation Fee may include a cleaning fee, at the Host's discretion. GuestHouser charges a fee to Guests based upon a percentage of applicable Accommodation Fees which are the "Guest Fees". The Guest Fees are added to the Accommodation Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. GuestHouser will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 24 hours of the booking request) and will remit the Accommodation Fees (less GuestHouser's Host Fees (defined below) ) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation. Please note that GuestHouser does not currently charge fees for the creation of Listings. However, you acknowledge and agree that GuestHouser reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that GuestHouser will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
The Hosts, not GuestHouser, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not GuestHouser, will be responsible for performing the obligations of any such agreements, and GuestHouser is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Listings for Accommodations will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by GuestHouser in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by GuestHouser will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest's credit or debit card will be released, if applicable.
You agree to pay GuestHouser for the Total Fees for any booking requested in connection with your GuestHouser Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host's confirmation of your requested booking, you understand and agree that GuestHouser reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit or debit card for the Total Fees or (ii) charge your credit or debit card a nominal amount, not to exceed fifty rupees (INR 50), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit or debit card. Once GuestHouser receives confirmation of your booking from the applicable Host, GuestHouser will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that GuestHouser cannot control any fees that may be charged to a Guest by his or her bank related to GuestHouser's collection of the Total Fees, and GuestHouser disclaims all liability in this regard.
In consideration for providing the Services, GuestHouser collects service fees from Guests ("Service Fees"). Where applicable, Taxes may also be charged in addition to the Host Fees. Host Fees are deducted from the Accommodation Fees before remitting the Accommodation Fees to the Host, within 24 hours of when the Guest arrives at the applicable Accommodation. Guest Fees are, as noted above, included in the Total Fees. Balances will be remitted to Hosts via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Host's currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Please note that for any payments by GuestHouser in currencies other than INDIAN RUPEES, GuestHouser may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.