Condiciones generales

Date Last Updated: March 30th, 2018

 

IMPORTANT- IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, SERVICES OR THE APP. YOUR USE OF THIS SITE, THE SERVICES OR THE APP SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. MISTERB&B MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE OR THE APP AT ANY TIME. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APP OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APP 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 APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APP, SERVICES, OR MATERIALS OR TO PARTICIPATE IN THE REFERRAL PROGRAM. 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.

 

NOTE: THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT APPLY TO ALL MISTERB&B MEMBERS AND AFFECT THEIR RIGHTS. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS PROVISIONS. PLEASE READ THESE TERMS CAREFULLY.

 

SFO84, Inc. (“misterb&b”) provides an online platform that connects users who have rental properties to rent with Guests (as defined below) seeking to rent such rental properties, and/or who have an Experience to offer to Guests (as defined below) seeking to book such Experience, as well as a travel review service (collectively, the “Services”), which platform Services are accessible at www.misterbandb.com and any other websites through which misterb&b makes the Services available (collectively and individually, the “Site”) and as a mobile device application (the “App”). By using the Site or App, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, App and Services and all Materials (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and misterb&b. Please also read carefully our Privacy Policy, Anti-Discrimination Policy and Content Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, App or Services. Failure to use the Site and App in accordance with these Terms may subject you to civil and criminal penalties.

 

If you reside in the United States of America and if you do not wish to be paid via PayPal for your hosting activity, you are contracting with SFO84, Inc. with respect to the use of the Services, Site or App. In any other case, you are contracting with Pinklab360 SASU, a société par actions simplifiée unipersonnelle, whose registered office is located in France, 24 rue du Faubourg Poissonnière, 75010 Paris, with a share capital of one thousand euros (EUR1,000), registered before the Registry of Commerce of Paris under the number 814 427 639 (“misterb&b Europe”), with respect to the use of the Services, Site or App. misterb&b and misterb&b Europe are collectively referred to as “misterb&b”.

 

 

1.              Definitions

 

“Content” means texts, graphics, images, music, software (excluding the App), audios, videos, information, and travel reviews or other materials.

 

“misterb&b Content” means all Content that misterb&b makes available through the Site, App, or Services, including any Content licensed from a third party, but excluding Member Content.

 

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, App or Services (including Listing descriptions, travel reviews or experience reviews).

 

“Materials” means Member Content and misterb&b Content.

 

“Member” means a person who completes misterb&b’s account registration process, such as Hosts and Guests, as described hereunder.

 

“Rental Property” or “Rental Properties” means residential real property or properties.

 

“Experience” means certain services or activities (other than offering to rent a property) listed by the Host as available for booking via the Site, App, and Services, and provided to Guests.

 

“Request Period” means the time period starting from the time when a booking for a Rental Property, or for an Experience, is requested by a Guest (as determined by misterb&b in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, App or Services. Different Request Periods may apply in different places.

 

“Host” means a Member who creates a Listing for Rental properties, or for an Experience, via the Site, App and Services.

 

“Guest” means a Member who requests from a Host a booking of a Rental Property or an Experience via the Site, App or Services, or a Member who stays at a Rental Property and is not the Host for such Rental Property, or a Member who participates in an Experience and is not the Host for such Experience.

 

“Listing” means a Rental Property, or an Experience, that is listed by a Host as available for rental via the Site, App, and Services.

 

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), sales and use taxes, transient occupancy taxes, tourist or other visitor taxes, rental property or lodging taxes, business taxes, fees (such as convention center fees) that Rental Property providers and Experiences 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.

 

“Rental Property Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in a Rental Property. The Host solely, and not misterb&b, determines these amounts. The Host may choose to include in these amounts (i) a cleaning fee, security deposit (as discussed below) or any other fee permitted by misterb&b, and / or (ii) Taxes that the Host determines that he or she has to collect.

 

“Experience Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s participation in an Experience. The Host solely, and not misterb&b, determines these amounts. The Host may choose to include in these amounts (i) any fee permitted by misterb&b, or (ii) Taxes that the Host determines that he or she has to collect.

 

“Guest Fees” means the fee that misterb&b charges a Guest for the use of its Service, which is calculated as a percentage of the applicable Rental Property Fees or Experience Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.

 

“Host Fees” means the fee that misterb&b charges a Host for the use of its Service, which is calculated as a percentage of the applicable Rental Property Fees or Experience Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.

 

“Service Fees” means collectively the Guest Fees and the Host Fees in relation with the booking of a Rental Property or an Experience.

 

“Total Fees” means collectively (i) the Rental Property Fees and the Guest Fees (plus any Taxes in respect of Guest Fees, such as VAT in Europe) in relation with the booking of a Rental Property or (ii) the Experience Fees and the Guest Fees (plus any Taxes in respect of Guest Fees, such as VAT in Europe) in relation to the booking of an Experience.

 

2.              General Usage of the Site, App and Services

 

The Site, App and Services can be used to facilitate the listing, advertising and booking of Rental Properties and Experiences. Such Rental Properties and Experiences are included in Listings on the Site, App and Services by Hosts. You may view Listings as an unregistered visitor to the Site, App and Services; however, if you wish to book a Rental Property or an Experience, or if you wish to create a Listing, you must first register to create a misterb&b Account (defined below).

 

misterb&b provides an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Rental Properties and Experience directly with each other. misterb&b is not an owner or operator (i) of any Rental Properties, including, without limitation, hotel rooms, motel rooms, other lodgings, nor is it a provider of real properties; or (ii) of any Experiences, including, without limitation, cooking classes, food and/or beverage tasting sessions, guided tours, haircut sessions, massages sessions, sport sessions, stylist sessions and/or classes. misterb&b does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control (i) Rental Properties, including, without limitation, hotel rooms, motel rooms, other lodgings or transportation or travel services; or (ii) Experiences, the places where they are realized or the materials needed for their realization. misterb&b solely (i) facilitates the availability of the Site, App and Services and (ii) collects fees for each Host for the purpose of accepting payments from Guests on behalf of the Host.

 

misterb&b is not a party to any rental or other agreement between Guests and Hosts. This is true even if the Site, App and/or Services allow you to book a Rental Property or an Experience.

 

WHEN USING THE SITE, APP AND SERVICES FOR LISTING AND BOOKING RENTAL PROPERTIES OR EXPERIENCES, THEY ARE SOLELY TO BE USED TO ENABLE HOSTS AND GUESTS CONNECTING AND BOOKING RENTAL PROPERTIES OR EXPERIENCES DIRECTLY WITH EACH OTHER. MISTERB&B CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY RENTAL PROPERTIES OR EXPERIENCES. MISTERB&B IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, RENTAL PROPERTIES AND EXPERIENCES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.

 

You also must register to create a misterb&b Account to use the Site, App and/or Services to review or view reviews of bars, restaurant, hotels, clubs, gyms, bath houses, shops.  AS A PROVIDER OF INTERACTIVE SERVICES, MISTERB&B DOES NOT CONTROL THE CONTENT, LEGALITY OR SUITABILITY OF ANY REVIEWS ON THE SITE, APP AND/OR THE SERVICES.

 

 

2.1 Modifications

 

misterb&b reserves the right, at its sole discretion, to modify at any time the Site, App or Services or to modify these Terms, including the Service Fees.

 

If we modify these Terms, we will post the change on the Site (as defined below) or via the App. We will also update the “Last Updated Date” at the top of these Terms. We will provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate these Terms with immediate effect. We will inform you about your right to terminate these Terms in the notification email.

 

By continuing to access or use the Site, App or Services at the date the revised Terms become effective, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App and Services and terminate as set forth above.

 

 

2.2 Age Restrictions

 

The Site, App and Services are intended solely for persons who are eighteen (18) or older. Any access to or use of the Site, App or Services by anyone under eighteen (18) is expressly prohibited. By accessing or using the Site, App or Services you represent and warrant that you are eighteen (18) or older.

 

 

3.              Account and profile page

 

 

3.1  Account Registration

 

In order to access certain features of the Site and App, and to book a Rental Property or an Experience, or create a Listing or post a travel review, to use the Online Promotional Service, you must register to create an account (“misterb&b Account”) and become a Member. You may register to join the Services directly via the Site or App or as described in this section.

 

You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (for example, Facebook; and any such account is referred to as a “Third-Party Account”), via our Site or App. As part of the functionality of the Site, App and Services, you may link your misterb&b Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to misterb&b through the Site, Services or App; or (ii) allowing misterb&b 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 misterb&b and/or grant misterb&b access to your Third-Party Account (including, without limitation, 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 misterb&b to pay any fees or making misterb&b subject to any usage limitations imposed by such third-party service providers. By granting misterb&b access to any Third-Party Accounts, you understand that misterb&b will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and App via your misterb&b Account and misterb&b 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 may be available on and through your misterb&b Account on the Site, Services and App. Please note that if a Third-Party Account or associated service becomes unavailable or misterb&b’s access to such Third-Party Account is terminated by the third-party service provider, then the SNS Content will no longer be available on and through the Site, Services and/or App. You have the ability to disable the connection between your misterb&b Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and App. 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. misterb&b is not responsible for any SNS Content.

 

We will create your misterb&b Account and your misterb&b Account profile page for your use of the Site and App 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 misterb&b 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. In some cases, subject to any applicable laws, in order to confirm your identity, misterb&b may ask you to provide proof of your identity in the form of a driver’s license, passport or similar form of identification. As you are registering for your account online, misterb&b may ask you to upload photos of your form(s) of identification, including a photo of you holding your form(s) of identification next to your face, or request a video conference session. misterb&b reserves the right to suspend or terminate your misterb&b Account and your access to the Site, App and Services if you create more than one (1) misterb&b 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 misterb&b Account, whether or not you have authorized such activities or actions. You will immediately notify misterb&b of any unauthorized use of your misterb&b Account.

 

 

3.2  References

 

Hosts and Guests can solicit and receive, at any time, a reference (“Reference”). References are statements about Members that appear publicly on their public profile pages. References can be submitted by any Facebook friend of the Member, after, and only after, being solicited by the latter to write so. A Member that is subject of a Reference can decide freely to publish it on, or remove it from their public profile page.

You understand References are not related to the misterb&b Referral Program, which offers Travel Credits to Member by inviting new people to misterb&b, and different from travel reviews, which are posted on listings by Hosts and Guests after the completion of a reservation.

References are only intended to provide description about Members so you can know more about them and evaluate better if you want to book a reservation with them. Any such description is not an endorsement, certification or guarantee by misterb&b about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, App and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.

 

4.              Listings

 

 

4.1 Rental Property Listings

 

As a Member, you may create Listings for the booking of a Rental Property. To create a Rental Property Listing, you will be asked a variety of questions about the Rental Property to be listed, including, without limitation, the location, capacity, size, features, and availability of the Rental Property and pricing and related rules and financial terms. In order to be featured in Rental Property Listings via the Site, App and Services, all Rental Properties must have valid physical addresses (misterb&b reserves the right to require any supporting documents to authentify the physical address provided). Rental Property Listings will be made publicly available via the Site, App and Services. Other Members will be able to book your Rental Property via the Site, App and Services based upon the information provided in your Rental Property Listing. You understand and agree that once a Guest requests a booking of your Rental Property, you may not request the Guest to pay a higher price than in the booking request.

 

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Rental Property Listing you post and the booking of, or the Guest's stay at, a Rental Property in a Rental Property Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) 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 Rental Property included in a Rental Property Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that misterb&b assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. misterb&b reserves the right, at any time and without prior notice, to remove or disable access to any Rental Property Listing for any reason, including Rental Property Listings that misterb&b, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.

 

IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THE ABILITY OF A GUEST PAYING HOSTS FOR SHORT TIME PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED. LOCAL GOVERNMENTS VARY AS TO THEIR ENFORCEMENT OF THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE PLACING A LISTING ON THE SITE, SERVICES OR APP.

 

If you are a Host, you understand and agree that misterb&b does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Rental Property and stays at your Rental Property, any agreement you enter into with such Guest is between you and the Guest and misterb&b is not a party thereto. However, misterb&b serves as agent to the Host solely to collect fees for the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes).

 

When you create a Rental Property 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 Rental Property, including, without limitation, requiring Members to have a profile picture or verified phone number, in order to book your Rental Property. Any Member wishing to book Rental Properties included in Rental Property Listings with such requirements must meet these requirements. The Host must provide the characteristic features of the Rental Property as precisely as possible. The Rental Property must correspond to the faithful description the Host has made on the Rental Property Listing.

 

If you are a Host, misterb&b makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Rental Property. 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 Rental Property at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Rental Property, if applicable).  Please be aware that you must provide a safe Rental Property. Otherwise, you may be liable to the Guest for any unsafe Rental Property.

 

misterb&b recommends that Hosts obtain appropriate insurance for their Rental Properties and certain countries or locations may require you to have insurance for your Rental Properties. Please review any insurance policy that you may have for your Rental Property 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, without limitation, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Rental Property, if applicable) while at your Rental Property.

 

 

4.2  Experience listings

 

As a Member, you may create Listings for the booking of an Experience. To create an Experience Listing, you will be asked a variety of questions about the Experience, including, without limitation, the location, the content, features of the Experience and pricing and related rules and financial terms. In order to be featured in Listings via the Site, App and Services, all Experiences must have valid physical addresses (misterb&b reserves the right to require any supporting documents to authenticate the physical address provided). Listings will be made publicly available via the Site, App and Services. Other Members will be able to book your Experience via the Site, App and Services based upon the information provided in your Experience Listing. You understand and agree that once a Guest requests a booking of your Experience, you may not request the Guest to pay a higher price than in the booking request.

 

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Experience Listing you post and the booking of, or a Guest participation at, an Experience in a Experience Listing you post (i) will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies), (ii) will  be in compliance will all applicable laws, tax requirements, and rules and regulations that may apply to any such Experience, including, but not limited to, tourism law, tour guide licensing, and other laws governing events and tours of publics spaces and others venues, and (iii) will not conflict with the right of third parties. Please note that misterb&b assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Misterb&b reserves the right, at any time and without prior notice, to remove or disable access to any Experience Listing for any reason, including Experience Listings that misterb&b, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.

 

IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK FOR THEIR RESPECTIVES CITIES. SOME CITIES HAVE LAWS THAT REGULATE ACTIVITIES SUCH AS ALCOHOL AND FOOD TASTING OR TOURING. THESE LAWS ARE OFTEN PART OF A CITY’S ADMINISTRATIVE CODES. HOSTS MAY HAVE TO REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING AN EXPERIENCE OR ACCEPTING GUESTS. CERTAIN TYPES OF ACTIVITIES MAY EVEN BE PROHIBITED. LOCAL GOVERNMENTS VARY AS TO THEIR ENFORCEMENT OF THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE PLACING A LISTING ON THE SITE, SERVICE OR APP.

 

If you are a Host, you understand and agree that misterb&b does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Experience and participates in your Experience, any agreement you enter into with such Guest is between you and the Guest and misterb&b is not a party thereto. However, misterb&b serves as agent to the Hosts solely to collect fees for the Hosts for the purpose of accepting, on behalf of the Hosts, payments from Guests of such amounts stipulated by the Hosts (including cleaning or other fees and/or Taxes).

 

When you create an Experience Listing, you may choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Experience, including, without limitation, requiring Members to have a profile picture or verified phone number, to meet some physical abilities, to meet health and / or hygiene standards in order to book your Experience. Any Member wishing to book Experience included in Listings with such requirements must meet these requirements. The Host must provide the characteristic features of the Experience as precisely as possible, in order to fully inform Guests about (i) any risks inherent to the Experience, (ii) any requirements for participation, including, without limitation, minimum age, related skills, level of fitness or dress codes, and (iii) anything that may be necessary to safely participate in the Experience, including, without limitation, materials, special certifications or licenses. The Experience must correspond to the faithful description the Host has made on the Listing.

 

If you are a Host, misterb&b makes certain tools available to you to help you to make informed decision about which Members you choose to confirm for booking for your Experience. 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 participate in or are otherwise present at the Experience at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Experience, if applicable). Please be aware that you must provide a safe and healthy Experience. Otherwise, you may be liable to the Guest for any unsafe or unhealthy Experience.

misterb&b recommends that Hosts obtain appropriate insurance for their Experiences and certain countries or locations may require you to have insurance for your Experiences. Please review any insurance policy that you may have that may cover your Experience 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, without limitation, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to participate in the Experience, if applicable) while participating in your Experience.

 

You understand that the present subsection (4.2) sets forth the terms for the creation of Listings in which the Rental property or Experience is available for booking via the misterb&b platform, via the Site, App and Services.

 

 

4.3  Verification but no Endorsement

 

misterb&b does not endorse any Member, any Rental Property, any Experience or any travel review.

 

You understand that Verified Photos (as defined below) are intended only to indicate a photographic representation of the Rental Property at the time the photograph was taken. Verified Photos are therefore not an endorsement by misterb&b of any Member or any Rental Property. Members are required by these Terms to provide accurate information, and although misterb&b may undertake additional checks and processes through a third-party processor designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.  For example, we may, but are not required to, contact Hosts and Guests via telephone and/or email and we may ask the Host for proof of address (utility bill or phone) and/or a copy of their identity card or passport.  For a Host to have a ”Verified Photo”, the Host must have one of misterb&b’s photographers photograph the Rental Property and/or provide us with a scanned copy of the utility bill (electricity or telephone bill) listing the Host’s name and address. If a Host chooses to have a misterb&b photographer photograph the Rental Property, the photographs taken will be made available to you as the Host to include in your Listing and the photos may include a stamp or mark indicating that they are a “Verified Photo.”  All images, materials and content created by these photographers provided by misterb&b, including Verified Photos, constitute misterb&b Content owned by misterb&b, regardless of whether you include them in your Listing. You acknowledge and agree that, as a Verified Photo is misterb&b’s Content, misterb&b’s may use, reproduce and distribute Verified Photos in any manner and in any media now or hereinafter created, as determined by misterb&b in its sole discretion, including, without limitation, inclusion and distribution in advertisements. Availability of misterb&b’s photographers to photograph a Rental Property may be limited, may not be available in all locations and may not be offered to all Hosts.  misterb&b does not guarantee that a misterb&b photographer will be available to photograph each location of a Rental Property at any given time or at any time.

 

We suggest that all Hosts obtain a “Verified Photo”. This is a security measure that allows us to ensure that the Rental Property actually exists. Therefore, we set limits on transfers for Hosts without a “Verified Photo” as follows: Annual transfer limit of €2,000 and Monthly transfer limit of €750 (or equivalent USD amount).  That is to say if you do not verify your misterb&b account, you will not be able to receive more than €2,000 (or equivalent USD amount) from misterb&b. You understand that these amounts may vary without prior notice upon bank requests.

 

Any references in the Site, App or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by misterb&b about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, App and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.

 

Any references in the Site, App or Services to a Host being “Fabul’Host” (or similar language) only indicate that the Member has reached and maintained, until now, a high level of satisfaction among the Guests. Any such description is not an endorsement, certification or guarantee by misterb&b about any Member, including their behavior or acting or whether the Member is trustworthy, safe or suitable. Any such description does not in any way guarantee the satisfaction of the Guests regarding their stay at the Host’s Rental Property or their participation in the Host’s Experience. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the bookings you want to make or the identity and suitability of others whom you contact or interact with via the Site, App and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.

 

 

5.              Bookings and Financial Terms

 

You understand that the present section (5.) sets forth the booking and financial terms applying to Listings in which the Rental property or Experience are available for booking via the misterb&b platform, via the Site, App and Services.

 

 

5.1  Bookings and Financial Terms for Hosts

 

If you are a Host and a booking is requested for your Rental Property, or for your Experience, via the Site, App and/or Services, you will be required to either confirm or reject the booking request within the Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, App and Services, we will share with you (i) the first name of the Guest who has requested the booking, (ii) a link to the Guest’s misterb&b 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 misterb&b 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 misterb&b Account, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Request Period, any amounts collected by misterb&b for the requested booking will be refunded to the applicable Guest’s payment method. When you confirm a booking requested by a Guest, misterb&b will send you an email, text message or message via the App confirming such booking, depending on the selections you make via the Site, App and Services.

 

misterb&b will provide payment services as agent for the Host (as set forth in Section 13 below) for (i) the collection the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and (ii) the payment of the Rental Property Fees or the Experience Fees (less misterb&b’s Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) to the Host within forty-eight (48) hours of when the Guest arrives at the applicable Rental Property or when the Guest begins to participate in an Experience (except to the extent that a refund is due to the Guest or the Host has not provided misterb&b a tax ID number, if applicable). The time it takes for the Host to receive payouts may depend upon the method for receiving payouts chosen by the Host. Some methods involve the use of third-party payment processors who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.

 

Before payment is made to a Host, the Host must provide misterb&b with such Host’s tax ID number if required by applicable law. Accordingly, payment will be delayed until such time as the Host provides a tax ID number to misterb&b, if applicable.

 

If you owe or agree to pay any amount via misterb&b to misterb&b (whether as a result of your bookings or actions as a Host or otherwise), then misterb&b may (but is not obliged to) withhold the amount owing to misterb&b from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to misterb&b. If misterb&b does so, then your obligation to pay misterb&b will be extinguished to the extent of the amount withheld by misterb&b, and misterb&b will cease to owe to you any obligations (including, without limitation, any obligation to pay you) with respect to the amount withheld.

 

Each Host agrees that payment made by a Guest through misterb&b, shall be considered the same as a payment made directly to the Host, and the Host will make the Rental Property or the Experience available to the Guest in the agreed-upon manner as if the Host has received the Rental Property Fees or the Experience Fees, respectively. Each Host agrees that misterb&b may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund (via misterb&b) to the Guest that portion of the Rental Property Fees or the Experience Fees specified in the applicable cancellation policy. Each Host understands that as misterb&b accepts payments from Guests and that misterb&b’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. misterb&b does not guarantee payments to Hosts for amounts that have not been successfully received by misterb&b from Guests. misterb&b assumes no liability for any acts or omissions of the Host.

 

Please note that misterb&b does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that misterb&b reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that misterb&b will provide notice of any Listing fee collection via the Site, App and Services, prior to implementing such a Listing fee feature. If you disapprove such a change, the only remedy for you will be to stop using the Site, the App and the Services.

 

 

5.2  Bookings and Financial Terms for Guests

 

The Hosts, not misterb&b, are solely responsible for honoring any confirmed bookings and making available any Rental Properties or Experiences reserved through the Site, App and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a Rental Property or an Experience, you agree and understand that you may be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Rental Property, or such Experience, respectively, imposed by the Host. You acknowledge and agree that you, and not misterb&b, will be responsible for performing the obligations of any such agreements, that misterb&b is not a party to such agreements, and that, with the exception of its payment obligations hereunder, misterb&b disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that misterb&b is not a party to the agreement between you and the Host, misterb&b solely collects fees for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to misterb&b, your payment obligation to the Host for the Rental Property Fees or for the Experience Fees is extinguished, and misterb&b is responsible for remitting the Rental Property Fees or the Experience Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe), in the manner described in these Terms. In the event that misterb&b does not remit any such amounts as described in these Terms, such Host will have recourse only against misterb&b.

 

The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Request Period, otherwise 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 misterb&b will be refunded to such Guest, depending on the selections the Guest makes via the Site and App.

 

You as a Guest agree to pay misterb&b, as agent for the Host, for the Total Fees for any booking requested in connection with your misterb&b Account if such requested bookings are confirmed by the applicable Host. Once misterb&b receives confirmation of your booking from the applicable Host, misterb&b will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. For some bookings, according to the amount of the Total Fees and the number of days between the confirmation of your requested booking by the Host and the effective date of the beginning of the booking, misterb&b may propose you, in its sole discretion, to pay a deposit up to a certain amount of the Total Fees and offer you to pay the remaining amount of the Total Fees in the second time. However, if you do not pay for such remaining amount before the date of the beginning of your booking, then the booking is automatically cancelled and there will be no refund of any kind. Please note that misterb&b cannot control any fees that may be charged to a Guest by his or her bank related to misterb&b’s collection of the Total Fees, and misterb&b disclaims all liability in this regard.

 

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to misterb&b or its third-party payment processor(s). You agree to pay misterb&b for any confirmed bookings made in connection with your misterb&b Account in accordance with these Terms by one of the methods described on the Site or App, or credit card. You hereby authorize the collection of such amounts by charging the payment method provided as part of requesting the booking, which will include placement of a hold on the funds at the time of the request for booking and full collection of payment upon confirmation of the booking.  If the booking is not confirmed, the hold on the funds will be released, but this may take a minimum of twenty-four (24) hours (or such longer time based on the time it takes your bank or credit card provider to release the hold). Payment will be processed either directly by misterb&b or indirectly, via a third-party payment processor or by one of the payment methods described on the Site or App. Please review such terms and conditions and privacy policy before using such third party services. By making payment via credit card you will be required to accept the terms and conditions of the applicable third-party payment processor. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

 

As a Guest, you may not bring any additional individuals to a Rental or Experience unless such an individual was added by you as an additional guest during the booking process on the Site, App or Services.

 

 

5.3  Service Fees

 

In consideration for the use of certain parts of the Services, App and/or Site, misterb&b charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Host Fees and Guest Fees. misterb&b deducts the Host Fees from the Rental Property Fees or from the Experience Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees.

 

Payouts will be remitted by misterb&b to Hosts via direct deposit or other payment methods described on the Site or via the App, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, App and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.

 

Please note that misterb&b may impose or deduct foreign currency processing costs on or from any payments or payouts by misterb&b in currencies other than U.S. dollars and Euros. More information on any such costs or deductions will be available via the Site and App. Except as otherwise expressly provided herein, Service Fees are non-refundable (for example, Total Fees are refundable to Guests when a Host cancels as set forth below in the “Host Cancellations” Section).

 

 

6.              Security Deposits for Rental Property Listings

 

Hosts may elect to require security deposits for their Rental Property Listings (“Security Deposits”). If applicable, the Rental Property Listing will describe the required Security Deposit for the applicable Rental Property before the request for booking. It is forbidden for Hosts to ask for a Security Deposit after the confirmation of a booking.

 

If a Security Deposit is included in a Listing for a confirmed booking of a Rental Property, the Guest will be responsible for paying the applicable Security Deposit directly to the Host. misterb&b will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but misterb&b is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.

 

In particular, the Hosts that do not collect the Security Deposit from their Guest at their arrival, for any reasons or omissions of any kind, even though they require such Security Deposit in their Listings, understand that misterb&b remains free not to cover certain costs for any damage caused by the Guest during the stay at the Rental Property.

 

 

7.               Modification of booking

 

The Host and the Guest are responsible for all the modifications they request regarding the date of their bookings (Modifications of booking) and accept to pay all the prices displayed on the Site or the App, including, without limitation, the additional Host Fees, the additional Guest Fees and all Taxes associated with the relevant Modifications of booking.

 

The Modifications of booking are subject to availability and the Host may accept or reject Modifications of bookings. The accepted Modifications of bookings will result in a new reservation. The Guest will be charged, or refunded, of the difference between the amount of the Rental Property Fees of the initial reservation and the amount of the Rental Property Fees of the new reservation. However, the Guest Fees for the initial reservation will not be refunded. If the amount of the Guest Fees for the new reservation exceeds the amount of the Guest Fees for the initial reservation, the Guest will be charged the difference.

 

If the Total Fees of the new reservation are lower that the Total Fees for the initial reservation, misterb&b may apply Modification fees, and the amount of such Modification fees will be provided to the Guest willing to modify a booking.

 

 

8.              Cancellations and Refunds

 

Notwithstanding anything herein to the contrary, misterb&b, in its sole discretion, may cancel a confirmed booking made via the Site, App and Services until the day prior the date of beginning of the booking, in connection with security concerns and/or fraudulent payment matters. misterb&b will promptly notify the Host and the Guest of such cancellation. Until such time as misterb&b ensure the payment is non-fraudulent, misterb&b will hold all Rental Property Fees and all Experiences Fees paid by the Guest. To this end, misterb&b may require any necessary documents to verify the payment, including, without limitation, identification documents of the holder of the bank/credit card used to make the payment or proof of residence from the Host. If misterb&b confirms the payment is non-fraudulent, misterb&b will process the payment of the all Rental Property Fees and all Experience Fees to the Host. Otherwise misterb&b will refund all Rental Property Fees and Experience Fees to the Guest’s credit card (which may take up to four (4) weeks).

 

In certain circumstances, misterb&b may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, App and Services. You agree that misterb&b and the relevant Guest or Host will not have any liability for such cancellations or refunds.

 

 

8.1  Guest Cancellations and Interruptions of a Scheduled Booking

 

If, as a Guest, you cancel your requested booking before it is confirmed by a Host, misterb&b will cancel the preauthorization made on your payment method in connection with the request booking immediately. Please note that misterb&b cannot control any delay in the unblocking by your bank of the amounts preauthorized on your payment method, and misterb&b disclaims all liability in this regard.

 

If, as a Guest, you wish to cancel a confirmed booking made via the Site, App and Services, either prior or after your arrival at the Rental Property, or prior or after your participation in the Experience, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation (the two (2) types of potential cancellation policies are as set forth below). Our ability to refund the Rental Property Fees and the Experience Fees, and other amounts charged to you will depend upon the terms of the applicable cancellation policy. You understand and agree that, regardless of the cancellation policy selected by the Host, the Service Fees are non-refundable.

 

There are two (2) types of cancelation policies that may apply to a particular Listing as follows:

-        Flexible Cancellation Policy.

-        Strict Cancellation Policy.

 

Once the reservation is confirmed, the cancelation policy selected cannot be modified by the Host or the Guest. misterb&b will not refund any commissions or fees, regardless of the cancelation policy selected by the Host. However, any applicable cleaning fees will be refunded. The first day of the confirmed booking date will begin at 00h00 local time in the area where the Rental Property or the Experience is located.

 

Flexible Cancellation Policy.

 

The Flexible Cancelation Policy is defined as:

-        Up until seven (7) days prior to the date of beginning of the booking (7th day included), a 100% refund will be issued to the Guest (excluding misterb&b fees).

-        Between the sixth (6th) day prior to the date of beginning of the booking and the day prior the date of beginning of booking, a 50% refund will be issued to the Guest (excluding misterb&b fees).

-        If the stay at the Rental Property has already started, or if the participation in an Experience is interrupted, by the decision of the Guest, the Guest will not be entitled to a refund.

 

Strict Cancellation Policy.

 

The Strict Cancelation Policy is defined as:

-        Up until fourteen (14) days prior to the date of beginning of the booking (14th day included), a 70% refund will be issued to the Guest (excluding misterb&b fees).

-        Between the thirteenth (13th) day prior to the date of beginning of the booking and the day prior to the date of beginning of the booking, a 30% refund will be issued to the Guest (excluding misterb&b fees)

-        If the stay at the Rental Property has already started, or if the participation in an Experience is interrupted, by the decision of the Guest, the Guest will not be entitled to a refund.

 

Processing a Cancellation.

 

To process a cancelation, there are two (2) options available. The first is to login to your misterb&b account, select My Travels, and then Upcoming Travels. Select the reservation, and click Cancel.

Alternatively, you can contact the misterb&b support team. Any cancelations need to be done in a timely manner so all parties involved will be informed, including misterb&b, and that the best possible solutions are made available. If a cancelation occurs within a twenty-four (24) hours’ period, misterb&b cannot guarantee any possible refund.

 

8.2 Guest Refund Policy

 

misterb&b reserves the right to modify or terminate the following Guest Refund Policy at any time, in its sole discretion.

 

Conditions of application of the Guest Refund Policy.

 

The Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest. In no event will misterb&b’s aggregate liability arising out of or in connection with this misterb&b Guest Refund Policy, exceed the amount of the Rental Property fees and of the Experience Fees collected by misterb&b from the Guest.

 

If a Guest suffers a valid “Travel Issue,” misterb&b agrees, in its sole discretion, to either use reasonable efforts to find another Rental Property or Experience which in our determination is reasonably comparable to the original booking in terms of quality and content (you accept to be responsible for any difference of price), or provide the Guest with a refund. The amount of this refund will be determined by misterb&b in its sole discretion, considering the nature of the “Travel issue”. A valid “Travel Issue” issue includes:

 

-        The cancelation of the booking by the Host within 24 hours of the scheduled start of the booking; or

-        The Host’s failure to provide the Guest with the reasonable ability to access the Rental Property or the space in which begins the Experience; or

-        The description of the Rental Property is materially inaccurate as to the actual size, special amenities or site location; the description of the Experience is materially inaccurate as to the actual duration, content or site location of the Experience; or

-        The failure for the Rental Property, the site location of the Experience and the materials necessary for the participation in the Experience, to meet safety or health standards, given the nature of the particular Rental Property or Experience, in misterb&b’s judgment.

 

Prior to submitting a request for a refund, a Guest must first use reasonable efforts to remedy the issue with the Host (and must be able to prove such reasonable efforts).  In addition, the Guest cannot have caused, directly or indirectly, the “Travel issue”.  In order to submit a claim for a refund, a Guest must notify misterb&b within twenty-four (24) hours of the start of the reservation (in local time) and cooperate with misterb&b’s request for information, including supplying photographs or other evidence to validate the “Travel issue”.

 

All determinations of misterb&b with respect to the Guest Refund Policy, including, without limitation, the size of any refund, shall be final and binding on the Guests and Hosts.

 

Host’s obligations associated with the Guest Refund Policy.

 

Hosts are responsible for ensuring that the Rental Properties and Experiences they list on the Site, App and Services meet minimum quality standards, including without limitations, standards of health, hygiene and safety, regarding adequacy of the description on the Site, Services, and App, and do not present a Guest with a “Travel Issue”.

 

Throughout the stay at the Rental Property or throughout the participation in the Experience participation, Hosts should be available in order to try, in good faith, to resolve “Travel Issues”. If you are a Host, if (i) misterb&b determines that a Guest has suffered a “Travel Issue” related to one of your listings and if (ii) misterb&b either reimburses that Guest any amount up to the amount paid by the Guest through the Site, Services, and App for the Rental Property or the Experience, or provides an alternative Rental Property or Experience to the Guest, you agree to reimburse misterb&b up to the amount paid to the Guest within thirty (30) days of misterb&b’s request. You agree that in order for you to reimburse the amounts you owe to misterb&b; misterb&b may offset or reduce any amounts owed to you by this amount.

 

In the event of one or more “Travel Issues”, misterb&b may apply penalties or consequences to you or your Listing, including (i) negatively affecting your listing ranking, automated reviews or notifications indicating Experience Issues, (ii) cancelling future bookings, suspending or removing the listing of the Experience, or (iii) imposing penalties or fees for the administrative burden associated with the Experience Issues (that may be taken from your future payments).

 

8.3  Host Cancellations

 

If a Host cancels a confirmed booking made via the cancel link on the Site, Services, and App, (i) misterb&b will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the notice of cancellation and (ii) misterb&b’s customer support will use reasonable efforts to propose alternative Listings to the Guest.

 

If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay misterb&b the Total Fees relating to the confirmed booking for the Rental Property, or the Experience, in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from misterb&b, please contact misterb&b at https://misterbandb.zendesk.com/hc/en-us.

 

If, as a Host, you cancel a confirmed booking, misterb&b may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies, and the amount of such cancellation fee, before you decide to cancel.

 

8.4 Extenuating Circumstances Policy

 

As set forth above, misterb&b allows a Host to choose the type of cancellation policy (strict or flexible) that works best for such Host. Thus, if the Guest cancels his or her booking, misterb&b will apply the applicable cancellation policy. If the cancellation comes from the Host, misterb&b may apply penalties on the Host. Nonetheless, misterb&b recognizes that a cancellation may arise from certain extenuating circumstances beyond the control of the Host or the Guest. These exceptional cases include:

 

-        The death of the Guest, Host or their immediate family members (mother, father, sister, brother, child and/or partner). In this case, the Guest or the Host shall provide misterb&b with valid proof of their relationship to the deceased party. A valid proof of partnership includes a marriage certificate, civil union certificate, common-law relationship proof or cohabitation proof (common life certificate; common bank account certificate; or a rent receipt, electricity or water bill issued in both names);

-        A disease or injury, seriously endangering the life or jeopardizing the future well-being of the Guest or Host, making it impossible or extraordinarily difficult to travel, to host or to participate in or provide an Experience. misterb&b will assess the seriousness of such disease in light of the recommendations or alerts of credible authorities such as the French Health Minister, the US Center for Disease Control or the World Health Organization;

-        The intervention of any competent national or international authority to restrict traveling, hosting, participating in or providing an Experience;

-        A severe weather incident or natural disaster making impossible or extraordinarily difficult to travel, to host, to participate in or to provide an Experience.

If one of these extenuating circumstances arises to impede the Guest, misterb&b may consider, in its sole discretion, not to apply the cancellation policy, but rather to refund the full payment of the Guest impeded, including misterb&b’s commissions as the Service Fees. If one of these extenuating circumstances arises to impede the Host, misterb&b may consider, in its sole discretion, not to apply a penalty upon the Host impeded. In order to benefit from our Extenuating Circumstances Policy, a claim must be submitted by the impeded Member within five (5) days after the date of cancellation. misterb&b reserves the right to ask for documents in support of one’s claim. However, it should be noted that this policy does not apply to the travel expenses of the Guest impeded.

 

 

9      Guest’s Damages to Rental Property and Materials Goods

 

misterb&b’s insurance policies may cover certain costs for any lost or damaged property caused by the Guest to the Rental Property or the material goods located in the the Rental Property.

Such coverage requires that the Host or Guest, as applicable, report the loss promptly and in strict accordance with the terms of the applicable policy. The applicable terms and conditions of the relevant insurance policies are available at https://www.misterbandb.com/pages/insurance, which are incorporated by reference into these Terms. Please refer to the page at the link mentioned above to verify if you are eligible to the protections stated in the applicable insurance policies.

 

If the cost of the loss or damage of your property equals to or surpasses one thousand U.S. dollars (US$1000) or one thousand euros (EUR1000) (or its equivalent converted from euros in your local currency if we support it), you are entitled to submit a claim for the coverage of the such cost under misterb&b’s insurance policies. You shall submit your claim and the following documentation by electronic mail only at support@misterbandb.com: (i) clear and detailed photographs or videos of the reported lost or damaged property; (ii) a receipt, invoice or any other proof of the fair trade value of the damaged material goods, or any precise cost report; (iii) evidence of lawful possession; (iv) the police report issued in connection with the reported physical loss or damage and (v) any document that you believe to be supporting of your claim and helpful for us in processing it.

 

If the cost of the loss or damage of your property equals is inferior to a cost of one thousand U.S. dollars (US$1000) or one thousand euros (EUR1000) (or its equivalent converted from euros in your local currency if we support it), you are not eligible for misterb&b’s insurance policies. However, misterb&b may review your claim and may decide to issue Travel Credits, if any, on your misterb&b account for a value determined by misterb&b at its sole discretion. You shall submit your claim and the same documentation as cited in the paragraph above by electronic mail only at support@misterbandb.com; please note that claims equal or under to two hundred U.S. dollars (US$200) or two hundred euros (EUR200) (or its equivalent converted from euros in your local currency if we support it) can be submitted to our services without a supporting police report. misterb&b strongly invites you to ask a security deposit from your Traveler.

 

You acknowledge and agree that any amounts payable to cover the loss or damage of property under the applicable insurance policy, if any, will be reduced by the amounts you have already been paid from any other source to cover the same physical loss or damage, including, and without limitation, the security deposit, payment directly made by Guest, or the insurer of the Guest, responsible for the loss or damage of property; amounts received under guarantee, indemnity or any other insurance policy other than the misterb&b’s insurance policies.

 

PLEASE UNDERSTAND THAT MISTERB&B’S INSURANCE POLICIES DO NOT COVER ANY DAMAGE CAUSED BY THE GUEST DURING HIS OR HER PARTICIPATION IN AN EXPERIENCE. MISTERB&B’S POLICIES DO NOT APPLY IN THE EVENT OF THE NON-EXISTENCE OF AN EXPERIENCE OR THE NON-CONFORMITY OF AN EXPERIENCE TO THE DESCRIPTION ON THE SITE, SERVICES AND/OR APP.

 

 

10   Rounding Off and Errors

 

misterb&b may, in its sole discretion, round up amounts that are payable from Members to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest supported currency, currently USD and EUR).

 

misterb&b may, in its sole discretion, round down amounts that are payable to Members to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest supported currency, currently USD and EUR).

 

Some currencies are denominated in large numbers. In those cases, misterb&b may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency.

We will use reasonable measures to try to correct any payment processing errors that we become aware of after you report an error in writing to us.

 

 

11   Donations

 

If the Host indicates that they will donate a portion of the funds they receive from confirmed bookings made via the Site or App, the Host is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising for a particular cause or charity. We are not responsible or liable for whether the Host does in fact make the donation he or she pledged to make. 

 

 

12   Taxes

 

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 (1) Listing in the US. 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 US 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 payouts to you until resolution, to withhold such amounts as required by law, or to do both.

 

You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) 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 Tax Authority (as defined below) any Taxes included or received by you. misterb&b cannot and does not offer Tax-related advice to any Members.

 

Where applicable, or based upon request from a Host, misterb&b may issue a valid VAT invoice to such Host.

 

It is the responsibility of the Hosts to know the local tax regulations and to comply with them. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Rental Property 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 rental properties, 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 Rental Property 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").

 

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Experience is located may require Taxes to be collected by Hosts from Guests on the amount paid for the right to participate in Experience, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary: it is the responsibility of the Host to know the local fiscal regulations and to comply with them. These taxes are sometimes called “sales taxes”, “sales and use taxes”, “business taxes”,” goods and services taxes” or “value added taxes” (hereafter, "Sales Taxes").

 

In certain jurisdictions, if such tax jurisdiction asserts misterb&b or Hosts have a tax collection and remittance obligation, misterb&b may decide in its sole discretion to (i) to facilitate, in order to provide Hosts with help to fulfil its remittance obligation, the collection of Taxes from Guests without ensuring the remittance of the Taxes to the fiscal authorities; the proceeds from Taxes will be paid to the Hosts who remain solely obligated to the tax remittance, or (ii) facilitate collection and remittance of Taxes from Guests on behalf of and in-lieu of Hosts.

 

In any jurisdiction in which we decide to facilitate collection and/or remittance of Taxes, whether you are a Guest or Host you hereby instruct and authorize misterb&b to collect Taxes from Guests on behalf of and in lieu of Hosts at the time Rental Property Fees and/or Experience Fees are collected, and to remit such Taxes to the relevant Tax Authority. When misterb&b facilitates collection and/or remittance of Taxes in a jurisdiction for the first time, misterb&b will provide notice to existing Hosts with Listings in such jurisdictions. The amount of Taxes collected and/or remitted through facilitation by misterb&b, 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 misterb&b facilitates collection and/or remittance of Taxes on behalf of and lieu of Hosts, such Hosts are not permitted to also collect and/or remit such taxes on any portion of the Rental Property Fees and/or Experiences Fees. Hosts and Guests acknowledge and agree that in some jurisdictions, misterb&b may not be able to facilitate collection and/or remittance of Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and/or remittance of Taxes to the Tax Authority, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy and/or Sales Taxes that may apply. For any jurisdiction in which we facilitate collection and/or remittance of Taxes, Hosts and Guests expressly grant us permission to transfer data and other information relating to Taxes, if any, collected and/or remitted relating to your transactions to the relevant Tax Authority.

 

Whether you are a Guest or Host, you agree that any claim or cause of action relating to collection and/or remittance of Taxes shall not extend to any supplier or vendor that may be used by misterb&b in connection with collection and/or remittance of such Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that such Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected is a refund of such Taxes collected by misterb&b from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

 

 

13   Payment Services

 

misterb&b through Pinklab360 (“misterb&b Europe”) works with various service providers to enable Hosts to accept payments from Guests. Periodically, misterb&b or misterb&b Europe, as applicable, may accept, hold and settle payment processing proceeds owed to you as part of your transactions with your Guests. You appoint and authorize misterb&b and misterb&b Europe, as applicable, as an agent for these purposes. You also agree that misterb&b’s and misterb&b Europe’s, as applicable, receipt of such proceeds satisfies the relevant Guest’s obligations to make payments to you.

 

You understand that misterb&b Europe may restrict the availability of the payment services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the payment services.

 

The payment services may incorporate or link to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Neither misterb&b nor misterb&b Europe are responsible or liable for the availability or accuracy of such Third-Party Services.

 

You may not use the payment services except as authorized by the laws of the jurisdiction in which you reside and any other applicable laws. You represent and warrant that: (i) neither you, or the Rental or the Experience you listed, are located or take place in a country that is subject to a U.S. Government embargo, or that has been been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition, you must also comply with any relevant export control laws in your local jurisdiction.

 

Your access to or use of certain payment services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable of the Third-Party Services, the latter terms and conditions will take precedence with respect to your use of or access to the payment services, unless specified otherwise.

 

At the exception of the transactions as described below, payment services are currently provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (see https://stripe.com/fr/connect-account/legal) (collectively, the “Stripe Services Agreement”). By agreeing to the present Terms or continuing to use the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of misterb&b enabling payment processing services through Stripe, you agree to provide misterb&b or misterb&b Europe, as applicable, accurate and complete information about you and your business, and you authorize misterb&b or misterb&b Europe, as applicable, to share this information and transaction information related to your use of the payment processing services provided by Stripe. In the case of both Guests and Hosts having their respective residencies in one of the following countries: Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Iceland, Lithuania, Latvia, Liechtenstein, Malta, Monaco, Poland, Romania, Saint-Martin, Slovenia, Slovakia, and when the booking payment is made to Hosts via wire transfers, payment services are currently provided by Adyen and are subject to the provisions of their Terms and Conditions (see https://docs.adyen.com/legal/terms-conditions#1definitions)By agreeing to the present Terms or continuing to use the Services, you agree to be bound by the Adyen Terms and Conditions, as the same may be modified by Adyen from time to time. As a condition of misterb&b enabling payment processing services through Adyen, you agree to provide misterb&b or misterb&b Europe, as applicable, accurate and complete information about you and your business, and you authorize misterb&b or misterb&b Europe, as applicable, to share this information and transaction information related to your use of the payment processing services provided by Adyen.

 

 

14   Disputes between Members and Damage

 

Any actual or potential agreement or transaction between Members, including a Guest and a Host, including the quality, condition, safety or legality of the Rental Properties and the Experiences, or travel reviews displayed, the truth or accuracy of the travel reviews or Listings (including the content thereof or any review relating to any Rental Property or Experience), the ability of Members to rent a property or propose an activity or a service as an Experience,  or the ability of Members to contract for properties or for the activities and services proposed as an Experience, are solely the responsibility of each Member. If you have a dispute with another Member, you must resolve the dispute directly with the Member, which requires to expose in writing your complaint directly to the other Member you have a dispute with. misterb&b may, but is not required to, assist in resolving any disputes between Members. You can request the mediation of misterb&b in the dispute opposing you to another Member only if one of the Members having a dispute contacted the customer support of misterb&b no later than seventy-two (72) hours after the day the booking at issue terminated. You understand and accept that all determinations of misterb&b with respect to the resolution of a dispute between Members shall be final and binding on the Guests and Hosts.

 

As a Guest, you are responsible for leaving the Rental Property, or the site location where the Experience happens, 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 you are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Rental Property or the Experience.

 

As a Guest, you further acknowledge and agree that (a) although misterb&b’s insurance policy discussed above may pay a maximum benefit to the Host for damages that you cause during your stay at a Rental Property up to the policy limit, you remain fully responsible for the care and condition of the Rental Property and for any damage to the Rental Property, and (b) you remain fully responsible for any damages that are not covered by misterb&b’s insurance policy including, without limitation, the damages caused during your participation in an Experience, or that exceed the policy limits. In such situations where you have caused damages, you agree to immediately remit payment to the applicable Host for any damage to the Rental Property, to the site location where the Experience happens or to the materials necessary to the execution of the Experience.

 

If you are a Guest, you understand and agree that misterb&b reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused during your stay at a Rental Property or been responsible for or to a Rental Property or any personal or other property located at a Rental Property. You agree to cooperate with and assist misterb&b in good faith, and to provide misterb&b with such information as may be reasonably requested by misterb&b, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, without limitation, executing documents and taking such further acts as misterb&b may reasonably request to assist misterb&b in accomplishing the foregoing.

 

The present section (14.) sets forth the terms applying for disputes between Members and Damage related to Rental Properties and Experiences that are available for booking on the misterb&b platform, via the Site, App and Services. Consequently, you understand the present section does not apply regarding Experiences advertised through Experience Premium Listings, since misterb&b is only an advertising venue for such Experience Premium Listings.

 

 

15   Foreign Currency

 

misterb&b’s online platform facilitates bookings between Members 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 the misterb&b platform 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. Currently the misterb&b platform supports pricing and payments in USD and EUR. misterb&b may add additional currencies in the future, in its sole discretion.

Each foreign currency conversion is processed at a foreign currency conversion rate for the amount of one currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time.

 

 

16   Additional Definitions

 

“Display Currency” means the currency in which users view Listing prices on the misterb&b 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 (currently USD and EUR). 

 

“Booking Currency” means the currency in which a Guest has to pay for his or her booking. At the time the Guest submits a booking request, the misterb&b platform will select the Booking Currency, based on the Guest’s country of origin and the payment methods available for that country. misterb&b supports only a certain number of currencies as Booking Currencies (currently USD and EUR). The Booking Currency for a booking may be different from the relevant Listing Currency. 

 

“Listing Currency” means the currency in which a Listing’s price is set. The Listing Currency is set by the Host.

 

“Payout Currency” means the currency in which a Host’s payout will be paid to the Host. The Payout Currency is determined by the Host’s location (only for supported currencies, currently USD and EUR).

 

“Base Exchange Rate” means a system-wide rate used by misterb&b 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 misterb&b. misterb&b establishes the Base Exchange Rate using data from one or more third parties such as ECB (ecb.europa.eu).

 

“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 misterb&b for its holding costs and foreign currency risks.

 

misterb&b will process a foreign currency conversion in certain situations as determined by misterb&b

When you as a Guest submit a booking request for a Listing, you may be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you may be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.

 

misterb&b updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, misterb&b does not always change the Base Exchange Rate immediately when its 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 Booking 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 misterb&b.  As a Host, you acknowledge and agree that third-party payment processor and/or bank or wire transfer fees may be deducted from payouts to Hosts.

 

 

17   User Conduct

 

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or App. misterb&b reserves the right to bar any such activity.

 

You may not probe, scan or test the vulnerability of the Site, App or any network connected to the Site or App, nor breach the security or authentication measures on the Site, App or any network connected to the Site or App. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or App, or any other customer of misterb&b, or exploit the Site or App or any service or information made available or offered by or through the Site or App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site or App.

 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to misterb&b on or through the Site or App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

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 Site, App, Services and Materials. In connection with your use of the Site, App, Services and Materials, you may not and you agree that you will not:

 

• offer as a Host (i) any Rental Property that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, without limitation, a property rental agreement; or (ii) any Experience that may not be provided pursuant to the terms and conditions of an agreement with a third party;

 

• register for more than one (1) misterb&b Account or register for a misterb&b Account on behalf of an individual other than yourself;

 

• unless misterb&b explicitly permits otherwise, request or book (i) a stay at any Rental Property if you will not actually be staying at the Rental Property yourself or (ii) a participation in an Experience if you will not actually be participating in the Experience yourself;

 

• contact a Host for any purpose other than asking a question related to a booking, Rental Properties, Experiences or Listing;

 

• contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, App and Services;

 

• recruit or otherwise solicit any Member to join third-party services or websites that are competitive or not to misterb&b, without misterb&b’s prior written approval or include listings or links to third party websites in your Member Content;

 

• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

 

• use automated scripts to collect information from or otherwise interact with the Site, App, Services or Materials;

 

• use the Site, App, Services or Materials to find (i) a Host or a Guest and then complete a booking of a Rental Property or an Experience independent of the Site, App or Services, in order to circumvent the obligation to pay any Service Fees related to misterb&b’s provision of the Services or for any other reasons;

 

• submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;

 

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, registration requirements, licensing requirements and Tax regulations;

 

• use the Site, App, Services or Materials for any commercial or other purposes that are not expressly permitted by these Terms;

 

• copy, store or otherwise access any information contained on the Site, App, Services or Materials for purposes 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;

 

• interfere with or damage our Site, App 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;

 

• use our Site, App 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 Site, App, Services or Materials 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 Site, App, Services or Materials, or collect or store any personally identifiable information about any other user other than for purposes of viewing a travel review or transacting as a misterb&b Member;

 

• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.  The terms and conditions of our Anti-Discrimination Policy are available at https://www.misterbandb.com/pages/anti-discrimination-policy, which are incorporated by reference into these Terms;

 

• systematically retrieve data or other content from our Site, App or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

 

• use, display, mirror or frame the Site, App, Services or Materials, or any individual element within the Site, App, Services or Materials, misterb&b’s name, any misterb&b trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, App or Services, without misterb&b’s express written consent;

 

• access, tamper with, or use non-public areas of the Site, App or Services, misterb&b’s computer systems, or the technical delivery systems of misterb&b’s providers;

 

• attempt to probe, scan, or test the vulnerability of any misterb&b system or network or breach any security or authentication measures;

 

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by misterb&b or any of misterb&b’s providers or any other third party (including another user) to protect the Site, Services, App or Materials;

 

• 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, App or Materials 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, App or Materials; or

 

• advocate, encourage, or assist any third party in doing any of the foregoing.

 

misterb&b has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

 

misterb&b may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against misterb&b or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of misterb&b, its users, or members of the public. You acknowledge that misterb&b has no obligation to monitor your access to or use of the Site, App, Services or Materials or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, App and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. misterb&b reserves the right, at any time and without prior notice, to remove or disable access to any Materials that misterb&b, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.

 

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation (http://www.eff/org/pub/Censorship/Ratings_filters_labelling/) and of America Links Up (http://www.netparents.org/parentstips/browsers.html).  We do not endorse any such products or services.

 

18   Publication and verification of travel reviews

After the completion of a reservation, both the Host and the Guest receive an electronic invitation to post a travel review about their respective experiences regarding this reservation. Neither its author nor misterb&b benefit from any compensation for the publication of a travel review. The posting of a travel review is optional and only intended to be useful information for our users and Members to evaluate a Rental Property, an Experience or any other persons they may contact or interact with via the Site, App and Services.

 Both the Guest and the Host have twenty-one (21) days, starting of the day of departure of the Guest from the Rental or the Experience, to post a travel review. Once the travel review is posted, its author cannot modify it. The publication, on the Site, App and Services of the travel review posted by one (1) of the parties will happen only when the other party posts a travel review as well. Once both parties have posted a travel review, within the twenty-one (21) day time-frame, both travel reviews will be immediately published. If only one (1) party posted a travel review within the twenty-one (21) day time-frame, and the other does not, the review of the party will be automatically published at the end of the twenty-one (21) day time-frame.

The publication of a travel review on the the Site, App and Services, is automatic and is not reviewed by misterb&b before publication. If any Member considers the travel review to be inappropriate, they are free to contact its author through the the Site, App and Services. Any Member can report a travel review to our services by contacting the misterb&b client support, or by reporting it using the reporting functionality. misterb&b reserves the right, at its sole and entire discretion, to modify or delete any travel review that is in violation of the conduct prescribed by these Terms and Conditions (see “User Conduct” section), including but not limited to, any travel review that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.

The travel reviews are displayed via the Site and the App in reverse chronological order, from the most recent to the oldest.

 

19   Privacy

 

Your use of this Site, the Services and the App is governed by the misterb&b Privacy Policy, which is available at https://www.misterbandb.com/pages/privacy-policy (the “Privacy Policy”).

 

 

20   Ownership

 

The Site, App, Services, and Materials are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, App, Services and Materials, including all associated intellectual property rights, are the exclusive property of misterb&b 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 Site, App, Services, or Materials. All trademarks, service marks, logos, trade names and any other proprietary designations of misterb&b used herein are trademarks or registered trademarks of misterb&b. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

 

21   misterb&b Referral Program

 

As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, App and Services, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. The terms and conditions of the Referral Program are available at https://www.misterbandb.com/pages/referral, which are incorporated by reference into these Terms.

 

 

22    Specific Terms Regarding misterb&b Travel Credits

 

“Travel Credits” are issued by misterb&b as credits toward future confirmed bookings made by Members via the Site, App and Services. misterb&b Travel Credits may only be redeemed for confirmed bookings via the Site, App and Services and after you accrue misterb&b Travel Credits, such misterb&b Travel Credits will be automatically applied to your next confirmed booking made via the Site, App and Services. misterb&b Travel Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem misterb&b Travel Credits after the misterb&b Travel Credits are reflected in your misterb&b Account. The scope, variety, and type of services and products that you may obtain by redeeming misterb&b Travel Credits can change at any time.

 

misterb&b Travel Credits expire one (1) year maximum from the date that any misterb&b Travel Credits are last accrued in your misterb&b Account. If for some reason you believe that there is a discrepancy regarding your balance of misterb&b Travel Credits, please contact us at https://misterbandb.zendesk.com/hc/fr. misterb&b may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at misterb&b’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of misterb&b Travel Credits. Where applicable, misterb&b may be required to account for VAT on any services for which the misterb&b Travel Credits are redeemed.

 

Without limiting any other terms of these Terms and subject to applicable law, all misterb&b Travel Credits are forfeited if your misterb&b Account is terminated or suspended for any reason, in misterb&b’s sole discretion, or if misterb&b discontinues providing the Site, App, Services or the Referral Program.

 

 

23   App Terms and License

 

Subject to your compliance with these Terms, misterb&b grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device or computer that you own or control and run such copy of the App solely for your own personal use. Furthermore, with respect to the App you will only use the App (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Use. misterb&b reserves all rights in the App not expressly granted to you by these Terms.

 

With regard to your use of the App, in the case you downloaded it from the Apple App Store, you acknowledge and agree that (i) these Terms are an agreement between you and misterb&b only, and not Apple, and (ii) misterb&b, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between misterb&b and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of misterb&b. You and misterb&b acknowledge that, as between misterb&b and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and misterb&b acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between misterb&b and Apple, misterb&b, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and misterb&b acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.

 

 

24   misterb&b Content and Member Content License

 

Subject to your compliance with the terms and conditions of these Terms, misterb&b grants you a limited, non-exclusive, non-transferable license, to (i) access and view any misterb&b Content solely for your personal and non-commercial purposes and (ii) 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 Site, App, Services, or Materials, 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 misterb&b or its licensors, except for the licenses and rights expressly granted in these Terms.

 

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content (such as travel reviews). By making available any Member Content on or through the Site, App and Services, you hereby grant to misterb&b 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, translate and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, App and Services. misterb&b does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

 

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, App and Services or you have all rights, licenses, consents and releases that are necessary to grant to misterb&b the rights in such Member Content, as contemplated under these Terms;  (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or misterb&b’s use of the Member Content (or any portion thereof) on, through or by means of the Site, App 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; and (iii) your Member Content and your postings will not defame any person, business, location or property. The terms and conditions of our Content Policy are available at https://www.misterbandb.com/pages/content-policy which are incorporated by reference into these Terms.

 

 

25   Links

 

This Site, App and Services may be linked to other sites that are not misterb&b sites. misterb&b is providing these links to you only as a convenience, and misterb&b is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. You will need to make your own independent judgment regarding your interaction with these sites.

 

 

26   Feedback

 

Any feedback, suggestions, ideas to improve the Site and/or the App or the like regarding the Services that you provide at this Site or through the App (“Feedback”) shall be deemed to be non-confidential. misterb&b shall be free to use such Feedback on an unrestricted basis.  You hereby irrevocably and perpetually grant to misterb&b a royalty-free, fully-paid up license to use, reproduce, prepare derivative works of, modify, publicly perform, publicly display, make, have made, sell and offer to sell Feedback alone or as incorporated in any misterb&b products or services.

 

 

27   Copyright and Trademark Infringements

 

Only the intellectual property rights owner or the owner's authorized agent is permitted to report potentially infringing materials through misterb&b’s reporting system set forth below. If you are not the intellectual property rights owner or the owner's authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Notification: misterb&b respects the intellectual property rights of others, and we require you to do the same when interfacing with the Site and/or App.

 

Member Content and unauthorized use of any Materials or Third Party Content contained on the Site and/or App may violate applicable laws and regulations. You agree to indemnify and hold misterb&b and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) that misterb&b or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site and/or App or the use of the Site and/or App by any person using your user name and/or password (including without limitation, your Member Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

 

misterb&b may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site and/or App for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site and/or App, please provide misterb&b’s designated agent the following information:

 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online Site and/or App are covered by a single notification, a full list of such works at that site;

 

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site and/or App, and information reasonably sufficient to permit misterb&b to locate the material;

 

• Information sufficient to permit misterb&b to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

 

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law;

 

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

misterb&b’s agent for notice of claims of copyright or trademark infringement on the Site and/or App can be reached as follows:

 

By mail:

 

misterb&b

Attn: DMCA Administrator

Cross Campus, Inc. – misterb&b

929 Colorado Avenue

Santa Monica, CA 90401

 

By e-mail: support@misterbandb.com

 

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

 

28   Suspension, Termination and misterb&b Account Cancellation

 

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 misterb&b Account. 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: (a) your misterb&b Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, App, Services, your misterb&b Account, your Member Content, or receive assistance from misterb&b Customer Service, (b) any pending or accepted future bookings as either Host or Guest, will be immediately terminated, (c) we may communicate to your Guests and Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact your Guests to inform them about potential alternate Rental Properties with other Hosts that may be available on the Site, App and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your misterb&b Account. We also may remove all of your Member Content, such as travel reviews.  You may cancel your misterb&b Account at any time via the “Cancel Account” feature of the Services or by sending an email to support@misterbandb.com. Please note that if your misterb&b Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, App and Services, including, without limitation, any reviews or Feedback.

 

 

29   Disclaimers

 

YOU UNDERSTAND AND AGREE THAT MISTERB&B IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS MISTERB&B A REAL ESTATE BROKER, AGENT OR INSURER OR BANK ESTABLISHMENT. MISTERB&B HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APP AND SERVICES OR ANY RENTAL PROPERTIES AND EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

IF YOU USE THE SITE, APP, SERVICES OR MATERIALS AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MISTERB&B IS NOT OBLIGATED TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.

 

THE SITE, APP, SERVICES, MATERIALS AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MISTERB&B 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. MISTERB&B MAKES NO WARRANTY THAT THE SITE, APP, SERVICES, MATERIALS, INCLUDING, BUT NOT LIMITED TO, LISTINGS, ANY RENTAL PROPERTIES OR EXPERIENCES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MISTERB&B MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, RENTAL PROPERTIES, EXPERIENCES. YOUR ACCRUAL OF MISTERB&B TRAVEL CREDITS, THE SERVICES OR MATERIALS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MATERIALS OBTAINED THROUGH THE SITE, APP, SERVICES OR REFERRAL PROGRAM.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MISTERB&B OR THROUGH THE SITE, APP, SERVICES OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU SOLELY ARE RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APP OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS AND GUESTS. YOU UNDERSTAND THAT MISTERB&B DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APP OR SERVICES OR TO REVIEW OR VISIT ANY BUSINESSES OR PLACES REVIEWED IN A TRAVEL REVIEW OR ANY RENTAL PROPERTIES OR ANY EXPERIENCES. MISTERB&B MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APP OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APP OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APP OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MISTERB&B OR NOT.

MISTERB&B EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACTS OR OMISSIONS OF ANY HOSTS, GUESTS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, FOR SEXUAL OR OTHER ASSAULT, MORAL OR PHYSICAL HARASSMENT, DISCRIMINATION AND/OR PHYSICAL AGGRESSION.  YOU ASSUME THE RISK OF STAYING AT A RENTAL PROPERTY WITH A POOL, HOT TUB OR OTHER BODY OF WATER.  MISTERB&B DISCLAIMS ALL LIABILITY FOR ANY DROWNINGS OR ACCIDENTS AT A RENTAL PROPERTY.

 

YOU AGREE THAT SOME EXPERIENCES MAY CARRY INHERENT RISK, AND YOU FREELY AND VOLUNTARILY CHOOSE TO ASSUME THOSE RISKS BY PARTICIPATING IN THESE EXPERIENCES. SOME EXPERIENCES MAY CARRY, WITHOUT LIMITATIONS, PROPERTY DAMAGE, RISK OF ILLNESS, BODILY INJURY, DISABILITY OR DEATH. YOU FREELY AND VOLONTARILY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THESE EXPERIENCES, EVEN IF THE RISKS ARISE FROM THE NEGLIGENCE OF THE HOST OR FROM THE DEFECTS OF THE EXPERIENCE MATERIALS OR FACILITIES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICE YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN AN EXPERIENCE.

 

BY USING THE SITE, APP OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER MEMBERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR MEMBERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM MISTERB&B WITH RESPECT TO SUCH ACTIONS OR OMISSIONS. ACCORDINGLY, WE ENCOURAGE YOU TO COMMUNICATE DIRECTLY WITH OTHER MEMBERS ON THE SITE AND SERVICES REGARDING ANY TRAVEL REVIEWS, BOOKINGS OR LISTINGS MADE BY YOU. THIS LIMITATION SHALL NOT APPLY TO ANY CLAIM BY A HOST AGAINST MISTERB&B REGARDING THE REMITTANCE OF PAYMENTS RECEIVED FROM A GUEST BY MISTERB&B ON BEHALF OF A HOST, WHICH INSTEAD SHALL BE SUBJECT TO THE LIMITATIONS DESCRIBED IN THE SECTION BELOW ENTITLED “LIMITATION OF LIABILITY”.

 

 

30   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 SITE, APP, SERVICES AND MATERIALS, TRAVEL REVIEWS, LISTINGS, BOOKING OF ANY RENTAL PROPERTIES OR ANY EXPERIENCES VIA THE SITE, APP AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR VIEWING OF TRAVEL REVIEWS, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MISTERB&B WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MISTERB&B NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APP, SERVICES, MATERIALS OR THE REFERRAL PROGRAM 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 SITE, APP, SERVICES OR MATERIALS, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APP, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY RENTAL PROPERTIES OR FROM YOUR LISTING OR BOOKING OF ANY EXPERIENCES VIA THE SITE, APP AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MISTERB&B 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.

 

IN NO EVENT WILL MISTERB&B’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APP AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM ANY TRAVEL REVIEWS, LISTINGS OR BOOKING OF ANY RENTAL PROPERTIES AND LISTINGS OR BOOKINGS OF ANY EXPERIENCE VIA THE SITE, APP AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APP, SERVICES, OR MATERIALS OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY RENTAL PROPERTIES OR EXPERIENCES, OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APP AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY MISTERB&B TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MISTERB&B 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.

 

 

31   Indemnification

 

You agree to indemnify, defend and hold misterb&b 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 (a) your access to or use of the Site, App, Services, or Materials or your violation of these Terms; (b) your Member Content or reliance on Member Content; (c) your (i) interaction with or disputes with any Member, (ii) booking of a Rental Property, (iii) booking of an Experience, or (iv) creation of a Listing; (d) the use, condition or rental of a Rental Property by you, including but not limited to any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Rental Property; (e) the condition or the participation in an Experience by you, including but not limited to any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) or any kind arising in connection with or as a result of  a provision of, booking of or participation in an Experience, and (f) your participation in the Referral Program or your accrual of any misterb&b Travel Credits.

 

 

32   Export Control and Restricted Countries

 

You may not use, export, re-export, import, or transfer the App except as authorized by United States law, the laws of the jurisdiction in which you obtained the App, and any other applicable laws. In particular, but without limitation, the App may not be exported or re-exported: (a) into any United States embargoed countries; or (b) 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 Site, App and Services, you represent and warrant that (i) neither you nor your listed Rental Property or Experience is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, App 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. misterb&b does not permit Listings associated with certain countries due to U.S. embargo restrictions.

 

 

33   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 (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and then promptly (no later than twenty-four (24) hours after reporting to authorities) to misterb&b by contacting us with your police station and report number at https://misterbandb.zendesk.com/hc/fr; 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.

 

 

34   Dispute Resolution and Binding Arbitration Provision

 

Definitions.

 

As used in this Arbitration Provision, the terms “misterb&b,” “we,” “us,” and “our” refer to SFO84, Inc., d.b.a. misterb&b, including its subsidiaries and agents; the terms “you” and “your” refer to you as an individual and any legal entity you control, work for, or represent when you access or use the Products.  The word “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Site, App and/or Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.

 

Governing Law.

 

If you are contracting with SFO84, Inc., d.b.a misterb&b, these Terms are governed by United States federal law and the substantive and procedural laws of the State of California, without regard to its conflicts of law provisions, as though entered into between two residents. If you are contracting with misterb&b Europe, these Terms are governed by the laws of France (without regard to its conflicts of law provisions).

 

Informal Efforts to Resolve Dispute.

 

If a dispute arises between you and misterb&b, you should first attempt to resolve it by contacting our Customer Service Center at the number: +1 (415) 802-0876 or by sending the details of your complaint, including your contact information for a response, to the address listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.

 

Agreement to Arbitrate; Right to Opt Out.

 

If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.

 

There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and terms of this Agreement as a court would. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.

 

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY MISTERB&B IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING OR FAXING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH MISTERB&B, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SITE, APP AND/OR SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

 

Arbitration Fees.

 

The allocation and payment of all filing, administration and arbitrator fees will be governed by the rules of the JAMS (“JAMS”), which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the U.S. Federal Rules of Civil Procedure, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.

 

Arbitration Rules.

 

The arbitration will be conducted by the JAMS under its rules if you are a resident of the United States; if your use of the Site, App and/or Services has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply. If you are a resident of a country other than the United States or the European Union, the arbitration will be conducted by the JAMS in San Francisco, California, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in San Francisco, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. If you are a resident of a country within the European Union, the arbitration will be conducted by the JAMS in Paris, France, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the courts in Paris, France in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.

 

The arbitration will be conducted in the English language by a single arbitrator who is a licensed trial attorney or licensed trial lawyer with at least fifteen (15) years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators. If you and we cannot agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available at http://www.jamsadr.com, or by calling the toll free number: 1-800-352-5267 from inside the United States or +44 207 583 9808 from outside the United States.

 

Initiating Arbitration.

 

To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at http://www.jamsadr.com

 

Time Restriction.

 

YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

 

Arbitration Process.

 

Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you.

 

The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.

 

In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). The confidentiality provisions of this Agreement will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS rules or the Federal Arbitration Act.

 

Recovery and Attorneys’ Fees.

 

If the arbitrator rules in your favor on the merits of any Claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then we will (i) pay you one hundred and fifty percent (150%) of your arbitration damages award, up to one thousand U.S. dollars (US$1,000)  over and above your damages award; and (ii) pay your reasonable attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Site, App and/or Services was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and misterb&b waives any right it may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between us.

 

Confidentiality.

 

You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

 

Continuing Obligation to Arbitrate; Severability.

 

This Arbitration Provision shall survive termination of your access to or use of any Site, App and/or Services and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

 

misterb&b Customer Service Center Address:

 

SFO84, Inc., d.b.a. misterb&b

ATTN: LEGAL/ARBITRATION

584 Castro Street

94114 San Francisco, CA, USA

https://misterbandb.zendesk.com/hc/fr

 

 

35   General

 

The failure of misterb&b 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 misterb&b. 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. These Terms constitute the entire and exclusive understanding and agreement between misterb&b and you regarding the Site, App, Services, Materials, Referral Program, and any travel reviews, bookings or Listings of Rental Properties or Experiences, made via the Site, App and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between misterb&b and you regarding bookings or Listings of Rental Properties or Experiences, the Site, App, Services, Materials, travel reviews and Referral Program.  You may not assign or transfer these Terms, by operation of law or otherwise, without misterb&b’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. misterb&b 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 changes to these Terms, will be in writing and given by misterb&b (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

 

36   Additional Clauses for Users Contracting with misterb&b Europe

 

The following paragraphs will apply if you are contracting with misterb&b Europe.

 

The following shall be added to the clause (4.1) “Rental Property Listings”:

 

The Host having a Rental Property located in France should respect the laws of France, in particular:

 

·       Obtain the written authorization of the owner of the Rental Property according to Section 8 of the law n°89-462 of July 6th 1989;

 

·       If you are the owner of the Rental Property, you are free to determine the price and the duration of the booking but, if the Rental Property is not your main residence, you must have a or several municipal certificate authorizations depending on the municipality.

 

The following shall be added to the clause (5.1) “Bookings and Financial Terms for Hosts”:

 

If you are renting a Rental Property located in France, that you are not the owner of the Rental Property and if you rent the Rental Property as of or after March 24, 2014 (not before), under to Section L. 324-1-1 of the French Tourism Code, please be aware that the price of the booking paid by the Guest (excluding fees) may not exceed the price you pay yourself to the owner.

 

The following paragraph from the clause (8.) “Cancellations and Refunds” does not apply:

 

“In certain circumstances, misterb&b may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, App and Services. You agree that misterb&b and the relevant Guest or Host will not have any liability for such cancellations or refunds.”

 

The following shall be added to clause (8.) “Cancellations and Refunds”:

 

Regarding the booking of Rental Properties located in France, you do not have any right of withdrawal pursuant to article L.121-21-8 12° of French Consumer Code:

 

“Le droit de rétractation ne peut être exercé pour les contrats :

(…)

12° De prestations de services d'hébergement, autres que d'hébergement résidentiel, de services de transport de biens, de locations de voitures, de restauration ou d'activités de loisirs qui doivent être fournis à une date ou à une période déterminée ;

(…)

NOTA : Conformément à l'article 34 de la loi n° 2014-344 du 17 mars 2014, ces dispositions introduites par l'article 9 de ladite loi s'appliquent aux contrats conclus après le 13 juin 2014.”

 

The following shall be added to the clause (12.) “Taxes”:

 

Concerning the Hosts renting a Rental Property located in France, misterb&b will communicate yearly, a statement of income to them and a reminder of their tax obligations.

 

The following shall be added to the clause (24.) “misterb&b Content and Member Content License”:

 

misterb&b undertakes to remove any clearly illegal Content for which it becomes aware of. You can notify us of the presence of any clearly illegal Content on the Site by contacting us at the contact address above and by indicating the following:

 

·       The notification date;

·       Your name, occupation, residence, nationality, date and place of birth; if you represent a company, the form, name, registered office and legal representative of this company;

·       The description of the illegal Content and the precise location on the Site or the App;

·       The reasons for which the Content should be removed, including the reference to legal provisions or evidence of facts;

·       A copy of the correspondence to the author or publisher of the illegal Content asking for their withdrawal or modification, or the justification for what the author or the publisher could not be contacted.

 

In addition, you are informed that we reserve the right to freely remove any Content that may be considered illegal or inappropriate on the Site.

 

The following paragraphs and sentences from the clause (29.) “Disclaimers” do not apply:

 

“THE SITE, APP, SERVICES, MATERIALS AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MISTERB&B 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. MISTERB&B MAKES NO WARRANTY THAT THE SITE, APP, SERVICES, MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS, OR ANY RENTAL PROPERTIES, OR ANY EXPERIENCE, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.”

 

“NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MISTERB&B OR THROUGH THE SITE, APP, SERVICES OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.”

 

“YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM MISTERB&B WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.”

 

The following paragraph from the clause (30.) “Limitation of Liability” does not apply:

 

“NEITHER MISTERB&B NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APP, SERVICES, MATERIALS OR THE REFERRAL PROGRAM 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 SITE, APP, SERVICES OR MATERIALS, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APP, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY RENTAL PROPERTY VIA THE SITE, APP AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MISTERB&B 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.”

 

The arbitration provisions of the clause (34.) Dispute Resolution and Binding Arbitration Provision do not apply.

 

The following shall be added to the clause (34.) Dispute Resolution and Binding Arbitration Provision:

 

For any dispute relating to these Terms, a User shall use free mediation with a consumption mediator before any trial. For this, the User must write a complaint to misterb&b Europe, prerequisite to the admissibility of the request for mediation. Failing amicable agreement, the dispute will occur at jurisdiction of the home court of the User. Mediator contact information is available on the website http://www.mtv.travel/.

 

misterb&b is not affiliated, endorsed, or otherwise associated with Airbnb.

 

 

37   Contacting misterb&b

 

If you have any questions about these Terms, the Site, Services or the App, please contact misterb&b at https://misterbandb.zendesk.com/hc/en-us.