Host/Guest Terms and Conditions
Last updated: May 6, 2020
Guest Spot HOST/GUEST TERMS AND CONDITIONS
Guest Spot (hereafter referred to as “Guest Spot”, “we”, “us”, or “our”) provides an online platform that connects hosts (hereafter referred to as “Host”, “you”, or “your”) who create listings for accommodations that are made available for booking by Guests (defined below) seeking to book such accommodations (collectively, the “Services”), which Services are accessible and any other platform through which Guest Spot makes the Services available (collectively, the “Site”) and via applications for mobile devices (collectively, the “Application”). Guest Spot refers to Guest Spot Inc.
YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR OTHERWISE USING THE SITE, APPLICATION OR SERVICES AS A HOST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE Guest Spot HOST TERMS. If you accept or agree to these Guest Spot Host/Guest 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 Guest Spot Host/Guest Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
YOU MUST COMPLY WITH ALL OF THE REQUIREMENTS AND CONDITIONS AS A Guest Spot HOST/GUEST.
You acknowledge and agree to use your best efforts to communicate with the Responsible Guest (defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify the Responsible Guest about your complaint and attempt to resolve the loss or damage with the Responsible Guest. If you and the Responsible Guest are unable to come to a resolution within seven (7) days after first contacting the Responsible Guest, you should contact your insurance carrier immediately and proceed with any legal remedies available to you.
Guest Spot does not insure or cover ANY properties, belongings, losses of any type. You enter into this contract at your own risk and acknowledge that you have valid insurance to cover any such losses which may incur as a result of a Guest and their actions.
“Guest” means a Member who has completed Guest Spot’s account registration process, has agreed to the Guest Spot Terms of Service, and who books accommodation on, at, or in a Host space for the period of the Listing.
“Host” means a Member who has completed Guest Spot’s account registration process, has agreed to the Guest Spot Terms of Service, and who lists his/her Accommodation(s) on the Site or Application.
“Invitee” means a person invited to be present at Accommodation by a Guest.
“Listing” means an Accommodation that is listed by a Host as available for booking via the Site or Application.
“Member” means a person who completes Guest Spot’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” in the Guest Spot Terms of Service.
“Ordinary Wear and Tear” means the deterioration in the condition of property that occurs under normal use and conditions.
Under NO circumstances is Guest Spot responsible for any person(s) actions, lack thereof, and ability. Guests and Hosts are booked and confirmed by your own volition. Guest Spot does not guarantee the quality of the Guest, the work performed by Guest, nor the quality of the space provided. We strongly suggest you research before you confirm a booking.
As a Guest, you should inspect and photograph the Accommodation prior to your use of same so as to protect you against false claims of damage. If any damage exists, you should notify the Host immediately and notify them that a photograph has been taken.
BY SIGNING THIS AND USING GUEST SPOT WEBSITE OR APPLICATIONS, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE FOLLOWING:
Guest Spot and its insurer and all officers, directors, employees, contractors, and agents of Guest Spot from any and all liability arising out of any claims whatsoever, whether personal, property, financial, physical damages which may arise out of a Guest's/Host's actions or inactions.
Guest Spot STRONGLY ENCOURAGES YOU TO PURCHASE SEPARATE INSURANCE THAT WILL COVER YOU AND YOUR PROPERTY FOR LOSSES CAUSED BY GUESTS OR GUESTS’ INVITEES.
Disclaimers and Limitations of Liability
IF YOU CHOOSE TO USE THE SITE, APPLICATION, OR SERVICES AS A HOST, YOU DO SO AT YOUR SOLE RISK.
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 SITE, APPLICATION AND SERVICES, AND YOUR LISTING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU. NEITHER Guest Spot NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION AND SERVICES 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 FOR ANY DAMAGES FOR (1) PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE Guest Spot HOST GUARANTEE TERMS, (2) FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION OR SERVICES, (3) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, OR (4) FROM YOUR LISTING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES. Guest Spot WILL NOT BE LIABLE FOR ANY SUCH DAMAGES DESCRIBED ABOVE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Guest Spot HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to release, defend, indemnify, and hold Guest Spot 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 the Guest Spot.
If you rent (rather than own) the accommodation that you list as Accommodation, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the accommodation. You are fully responsible for securing the lessor’s permission to list the accommodation with Guest Spot and complying with the scope of any permission granted.
These Guest Spot Host/Guest Terms and Conditions constitute the entire and exclusive understanding and agreement between Guest Spot and supersede and replace any and all prior oral or written understandings or agreements between Guest Spot and Guest/Hosts.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Guest Spot Host/Guest Terms and Conditions, will be in writing and given by Guest Spot (i) via e-mail (in each case to the address that you provide) or (ii) 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.
These Guest Spot Host/Guest Terms and Conditions will be interpreted in accordance with the laws of the State of New Jersey and the United States of America, without regard to its conflict-of-law provisions.
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 http://www.adr.org/arb_med 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 http://www.adr.org/si.asp?id=3477.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New Jersey 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 Guest Spot otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $1,000, then the arbitration will be conducted solely on the basis of documents you and Guest Spot submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $1,000, 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 “Disclaimers and Limitations 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. Guest Spot 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.
Arbitration Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely yours as set forth in the AAA Rules.
Waiver and Severability
The failure of Guest Spot to enforce any right or provision of these Guest Spot Host/Guest Terms and Conditions 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 Guest Spot. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Guest Spot Host/Guest Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Guest Spot Host/Guest Terms and Conditions remain in full force and effect.