General Terms and Conditions
The Services offered by Hostie (as defined below) can only be used by registered Users, such as Guests, Suppliers and Co-Hosts (alternately, “User,” “Members.” “You,” “Your,” “Yours”) who have first read these General Terms and Conditions and accepted them unconditionally by clicking on the appropriate box provided for the purpose. It is not possible to proceed with using Hostie’s Services, whether as a Guest or Supplier, without accepting these terms and conditions. Customers and Suppliers undertake to fulfill the obligations contained within these terms and conditions, in addition to any other agreements they may enter with Hostie. The agreement between Customers or Suppliers and Hostie comes into force as soon as any Customer or Supplier affirmatively accepts them, such as by clicking “I Accept” in connection with having the opportunity to read, and have accepted, these General Terms and Conditions before using any Service offered by Hostie.
Customers and Suppliers should save and/or print a copy of these terms and conditions for future reference when making a reservation.
Article 1. Definitions and Scope
The following definitions have the same meaning whether they are singular or plural.
‘Affiliate’ means any company, corporation, partnership, limited partnership, limited liability company, trust, or other entity that is a parent or subsidiary of Hostie, or any company, limited liability company, corporation, or other entity that has any owner in common with Hostie.
‘Cleaning Fee’ means a fee that Hostie shall collect from either a Supplier or a Guest, in addition to Reservation, which Hostie shall set from time to time in its sole and absolute discretion and disclose to the party to which Hostie charges the fee.
‘Suppliers’ means a supplier of vacation rental accommodations, such as a property owner, manager, or other service or entity that makes any property or other service or product available for Reservation, lease, sale, or subject to any other transaction by Hostie online Marketplace.
‘Subscription Fee’ means a subscription fee charged to the Members that ranges between 5% and 20%. The fees are based on the subscription level the User selects. This fee is calculated from the booking subtotal (the nightly rate, if applicable, but excluding Hostie (fees and taxes) and is automatically deducted from the payout to the Supplier.
‘Co-Host’ means a User who assist Suppliers with their short-term listings. This option available for Suppliers that have listed accommodations via the Hostie online marketplace and is available or Hostie Channel or otherwise transacts for one or more of the Services offered on the Website.
‘Destination Service’ means the offering of tickets to events or tourist attractions at travel destinations, such as concerts or guided tours.
‘Force Majeure Event’ means an unforeseeable act or event beyond that Party’s reasonable control, such as war, work stoppage, general strike, fire, natural disaster, air carrier interruption, government action, riot, or other act of god; provided, however, that a Force Majeure Event does not include economic hardship, changes in market conditions, bankruptcy or receivership, litigation, or insufficiency of funds.
‘Hostie’ means Hostie Corp.., a Delaware corporation.
‘Hostie Corp..’ means Hostie Corp.., a Delaware corporation, as well as any affiliate, subsidiary, or parent companies of Hostie Corp..
‘Hostie Channel’ means any affiliate website or distribution or listing service used by Hostie to market, advertise, display, list, or make the Property available for Reservations.
‘General Terms and Conditions’ means these general terms and conditions for Reservation and use, as amended from time to time.
‘Guest’ means and includes Customers and the individual who creates or pays for any Reservation for a Property listed by a Supplier, whether through the Website or any Hostie Channel (including Hostie’s Affiliates), the named or identified beneficiary or individual holding such a Reservation, and the invitee of any individual who creates or pays for any Reservation who the individual creating or paying for the Reservation intends to allow to use the Property or otherwise receive a benefit of the Reservation.
‘Guest Fee’ The guest fees is a mark ups that range between 5% and 15% of the booking subtotal (the nightly rate) and is calculated using a variety of factors—these include the reservation subtotal, the length of the stay, and characteristics of the listing. In general, the service fee gets lower as the reservation cost gets higher. Guests see this fee on the checkout page before they book a reservation.
‘Images’ means images of the Property that You own or have the full right to license to Hostie for its use, including on the Website and Hostie Channels, under these General Terms and Conditions.
‘Listing’ means an online description of the Property that advertises, markets, promotes or otherwise communicates the availability of the Property for a Reservation by a Guest, and which shall be created by Hostie on its own or using information You provide (including Images and promotional writing or materials You previously created in connection with the Property), to be distributed on the Website and through any of the Hostie Channels.
‘Property’ means the piece or pieces of real property located at the address You, as a Supplier, identify to Hostie, and such addresses shall be deemed part of this Agreement and subject to its terms and conditions as if that information was fully set forth herein, and which You agree to update from time to time in order to include proposed additional pieces of real property for inclusion within this Agreement.
‘Rate’ means the amount a Guest shall pay, or is payable by the Guest, with respect to the Property, not including Taxes, fees, charges, or any other costs imposed on Guests by Hostie, and which shall be equal to or greater than the Floor Rate, defined above.
‘Reservation’ means the scheduling of a Property, whether or not pursuant to a Listing, for occupancy for one or more nights by a Guest through any Hostie Channel that Hostie facilitated, captured, or caused to be made.
‘Rules and Restrictions’ means the terms and conditions applicable to the Suppliers that provide properties available for rental through Hostie and the Website. Not all Suppliers will have separate Rules and Restrictions.
‘Service,’ except where otherwise defined, means a service offered on the Website, whether the Reservation of property for use or the offering of property for use by third parties through Reservations made through Hostie’s Website.
‘Service Fees’ mean, collectively, the Fee, Cleaning Fee, Guest Fee, and any other fees Hostie may charge and collect from time to time in the future.
‘Tax’ means any sales, use, value-added, occupancy, accommodation, lodging, tourism, excise, gross receipts, ad valorem, goods and services, or other taxes, however defined and that may be due to or assessed by any authority.
‘Technology’ means Hostie’s booking, Reservation, and payment processing systems.
‘Website’ means the www.Hostie.com website.
1.2. Hostie Scope
The Hostie Platform is an online marketplace that enables registered Users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Suppliers” and the services they offer are “Supplier Services”) to publish such Supplier Services on the Hostie Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Supplier Services (Members using Supplier Services are “Guests”). Supplier Services may include the offering of vacation or other properties for use (“Accommodations“).
If you choose to use the Hostie Platform as a Guest or Supplier (as defined above), your relationship with Hostie is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Hostie for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Hostie. Hostie does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Supplier Services. You acknowledge and agree that you have complete discretion whether to list Supplier Services or otherwise engage in other business or employment activities.
These General Terms and Conditions apply to offering and providing of the Services by Hostie whether used by Customers or Suppliers. Hostie operates the Website that acts as an interface between the Customer and the various Suppliers offering the Services, including Hostie. These General Terms and Conditions are subject to the Suppliers’ Rules and Restrictions which are made available to the and which the Customer also accepts at the moment that a Reservation is actually placed. It is the Customer’s responsibility to familiarize himself/herself with the Suppliers’ Rules and Restrictions and any third party Reservation service supplier’s terms and conditions.
The General Terms and Conditions can be changed by Hostie at any time without prior notice, although such changes will not apply to Reservations that have already been accepted by Hostie on behalf of the Supplier(s) concerned, and the Customer and Supplier shall be required to accept any changes to the General Terms of Conditions to continue their relationships and conduct further business with Hostie. It is therefore essential that Customers and Suppliers read, save and/or print a copy of the General Terms and Conditions at the time the Reservation is placed, in order to be aware of the provisions in force.
Article 2. Reservation via the Website
2.1. The Customer’s Legal Authority
The Customer is responsible for his / her activities on the Website (financially or otherwise), including the possible use of his / her username and password. The Customer guarantees that the information entered by him / her on the Website in relation to him / her and, if applicable, his / her travelling companions is accurate.
Any use of the Website that is fraudulent or is in conflict with these General Terms and Conditions shall be reason for refusing the Customer access to the Services offered by Hostie and the Suppliers or to the other functionalities of the Website.
2.2. Confirming and Cancelling Reservations (Subject to Sections 3.4 through 3.6, inclusive, where applicable)
Confirmation of a Reservation made by a Customer, which includes the essential elements such as the description of the Service(s) reserved and the price, will be sent to the Customer by e-mail. If the Customer does not receive a confirmation e-mail within 24 hours of placing the Reservation, the Customer should contact Hostie email@example.com
It is expressly agreed that the data stored in the information systems of Hostie and / or its Suppliers shall constitute proof with respect to the Reservations made by the Customer. Data stored in computers or electronic media are valid proof and shall therefore be acceptable under the same conditions and with the same evidential value as a physical written document.
Any cancellations may be made by emailing firstname.lastname@example.org . All such requests will be dealt with by the Suppliers concerned. The Customer does not have an automatic right of cancellation unless such rights are provided by the individual Suppliers under their rules and restrictions (which are provided to the Customer prior to making a Reservation). In the event of cancellation or partial cancellation of a Reservation by the Customer, charges may be imposed by the applicable Suppliers. Where a cancellation affects more than one person on the Reservation, any applicable cancellation charge will be applied in respect of each person on the Reservation.
A Fee may be imposed by the applicable Supplier in the event of a cancellation or change to a Reservation. Please refer to the Rules and Restrictions of which Customer is notified in the Reservation process for more details. We reserve the right to cancel Your Reservation if full payment is not received in a timely fashion, or if the method of payment You provide is cancelled, reversed, revoked, or charged back.
2.2.3. Change of Reservation
If after making the Reservation the Customer wants to change the trip with respect to the date of the Reservation and/or the property selected, the Customer should email email@example.com . A fee may be imposed by the applicable Supplier in the event of a change to a Reservation – please refer to the Rules and Restrictions of which Customer is notified in the Reservation process for more details.
In the event of a refund to the Customer after the above deductions, the relevant amounts will be transferred back by the party that took the original payment (such as Hostie, a Supplier, or such other party as may appear on Customer’s credit card or bank statement) to the payment card used to make the original Reservation. Any Reservation charges applied will not be eligible for reimbursement. Customers should note that any refunds can take up to 12 weeks
Article 3. Specific Services to Customers
Hostie operates the Website, which acts as an interface between the Customer and the Suppliers with respect to offering and supplying all Services.
The purpose of this Article is to provide details of the terms and conditions of use of the Services provided by the Suppliers for the Customer’s information. These details are not exhaustive and do not replace the Suppliers’ Rules and Restrictions. In the event of any conflict or inconsistency between the General Terms and Conditions and the Rules and Restrictions or any third-party Reservation service supplier’s terms and conditions, the Rules and Restrictions or the third-party Reservation service supplier’s terms and conditions will prevail. The Rules and Restrictions of Suppliers are made available prior to making a Reservation.
Except in the case of regulatory requirements to the contrary, these details do not give rise to any obligation or liability on the part of Hostie.
3.1. Accommodation Services
The Services are subject to the Rules and Restrictions of the Suppliers offering the accommodation which will be made available before Reservation. The Rules and Restrictions may include restrictions on and/or charges for cancellation and/or changes imposed by the Suppliers.
Subject to the following Sections within these General Terms and Conditions, all Reservations made by a Customer on the Website shall result in the Customer being charged for the full payment upon the time of Reservation. Please refer to the details shown during the Reservation process to confirm how and when payment will be made. Prices shown on the Website do not include any fees charged by the Supplier, or charges for optional supplements, including minibar snacks or telephone calls.
If a Customer does not show for the first night of the Reservation and plans to check-in for subsequent nights in the Reservation, the Customer must confirm the Reservation changes with Hostie no later than the original date of check-in to prevent cancellation of the whole Reservation. If the Customer does not confirm the Reservation changes with Hostie, the whole Reservation may be cancelled in Hostie’s sole and absolute discretion with no refund to Customer.
Any Customer who does not cancel or change their Reservation before the cancellation policy period applicable to the Supplier, which varies among Suppliers (usually 24 to 72 hours), prior to the date of arrival will be subject to the charges shown in the Rules and Restrictions for the Supplier. Customers should note that some Suppliers do not permit changes to or cancellations of Reservations after they are made and these restrictions are shown in the Rules and Restrictions for the Reservation.
3.2. Reservation Considerations
3.2.1. Use of Reserved Properties
The Customer is reminded that, in general, properties are only available from 14:00 local time and have to be vacated by 12:00 local time, irrespective of the time of arrival or departure or the means of transport used.
If meals are part of an accommodation package offered by a Supplier, the number of meals depends on the number of overnight stays. The Customer is reminded that, unless specified otherwise on the Website, drinks are not included with meals. If drinking water is not available, the Customer will bear the cost of buying it himself / herself.
The local authorities in certain states, counties, cities, and other municipalities may impose additional taxes (tourist tax, etc), which generally have to be paid locally. The Customer is exclusively responsible for paying such additional taxes. The amount of taxes can change between Reservation and stay dates. In the event that taxes have increased as of the beginning date of Your Reservation, You will be liable to pay taxes at the new higher rate.
3.3. Destination Services
Suppliers may offer services at the destination where their property is located separately or as part of a package offered through Hostie. These Services are subject to the Rules and Restrictions of the Suppliers offering the local activities and are not usually transferable, nor eligible for refunds or changes (unless cancelled by the Supplier).
It is possible that, occasionally, Services offered by the Suppliers that are shown in the description on the Website are cancelled for reasons such as weather conditions, or other reasons beyond the reasonable control of the Supplier, out-of-season stays, or if the required number of participants for the activity is not achieved. Customers are referred to the applicable Supplier’s Rules and Restrictions in relation to refunds in such circumstances.
3.5.1. Acceptance of Reservations
Acceptance by the Supplier of Reservations made by the Customer through the Website or Hostie will depend on availability of the property listed on the Website. Suppliers do not have to give reasons for refusing to accept a Reservation.
Acceptance by the Supplier is confirmed by sending a confirmation of Reservation by e-mail within 24 hours of a Reservation being placed by the Customer. No amount will be charged to the Customer until the time of confirmation by the Supplier(s) of the availability of the service.
The Rates on the Website specify the Services included in the price for each trip. Prices are shown in US Dollars. Unless expressly stated otherwise, prices and Rates do not include insurance, airline services, ground transportation, visa and vaccination charges or any personal expenses (laundry, food, telephone, drinks, room service, tips, etc.), nor excursions or the use of sports facilities, nor any more general costs that are not expressly included in the confirmation of Reservation. If Hostie and/or Supplier becomes aware of or is notified of any fraud or illegal activity associated with the payment for the Reservation, the Reservation will be cancelled and the Customer shall be liable for all the expenses arising from such cancellation, in addition to the full value of the Reservation, without prejudice to any action that might be taken against him / her by Hostie or Supplier.
3.5.3. Cancellation and Change by the Customer
Requests by the Customer for cancelling or changing a Reservation must be submitted online by e-mailing firstname.lastname@example.org. Such requests will be dealt with on behalf of the Suppliers concerned.
188.8.131.52. Effects of Cancellation
Please note that Reservations are subject to the Rules and Restrictions of the Supplier and separate cancellation charges imposed by the Supplier may apply.
184.108.40.206. Change of Reservation
If after making the Reservation on the Website a Customer wants to change the Reservation with respect to the date of the property reserved, the Customer should email email@example.com. A fee may be imposed by the applicable Suppliers or Hostie in the event of a change to a Reservation – please refer to the Rules and Restrictions notified in the Reservation process for more details.
220.127.116.11. Replacement of Participant
A registered participant in a Reservation can be replaced by a third party if Hostie is informed of this at least 15 days before the start of the Reservation. However, Hostie can object to the change of participant if the participant does not comply with the Supplier’s Rules and Restrictions, or if their participation is in conflict with legal regulations. If a replacement participant enters into the contract on Customer’s behalf, then the Customer, together with that replacement person, are jointly and severally responsible for the cost of the trip and any additional costs (including any administration fees charged by Hostie or Supplier arising from such a change) arising from the inclusion of the third party and including any cost to Hostie or Supplier for making the change.
3.5.4. Cancellation and Change by Hostie
Hostie will inform Customers immediately of changes or differences to their Reservation. Changes or differences to the Reservation that become necessary after the Reservation is concluded and Customer has completed their stay at the property reserved through Hostie, and are not brought about by Hostie in bad faith, are permitted insofar as the changes or differences are not significant and they do not affect the overall duration of the Reservation. The same rights apply to the altered Reservation as applied in respect of the original Reservation.
18.104.22.168. Price Changes
If the time between Reservation and the date the Reservation begins is greater than 30 days, Hostie retains the right to change the prices agreed at the time of Customer making the Reservation to reflect increases in price for the property reserved based on factors such as availability and demand. Hostie will absorb – and Customers will not be charged for – any increase of up to 2% of the price of the total Reservation value, excluding any amendment charges. Customers will be charged for the amount over and above this. If this means the Customer has to pay an increase of more than 10% of the price of the Reservation, the Customer will have the option of accepting an alternative Reservation if Hostie is able to offer one, or cancelling and the Customer receiving a full refund of monies paid to Hostie. There will be no price changes within 30 days of the date of the Reservation’s commencement.
3.5.5 Supplier Rules and Restrictions
Hostie works with Suppliers of properties to be reserved through Hostie and its Website, but does not control these Suppliers. The Services are subject to the Rules and Restrictions of the Suppliers offering the travel and lodging services and products. The Rules and Restrictions of Suppliers of accommodation services are made available prior to making a Reservation.
3.5.5. Events beyond the Parties’ Reasonable Control
If an unforeseen event which could not have been avoided if all due care had been exercised impedes implementation of the Reservation to a major extent, endangers it or interferes with it, then either party can terminate the contract. Where Hostie is the party affected by such an event, Hostie will provide Customers with prompt assistance and take the necessary measures to accommodate Customers with a similar Reservation. Where Customers are the party affected by such an event, Hostie will not be obliged to refund them any sum for Services which have not yet been performed. Customers will also be responsible for paying any additional costs associated with a similarly situated Reservation.
3.5.6. Issues Arising During Reservations
If any Reservation is not up to a Customer’s standards, then the Customer may request redress from Hostie or the Supplier, subject to the dispute resolution provisions of these General Terms and Conditions. Customers should do everything reasonable to resolve any dissatisfaction prior to contacting Hostie. Additionally, all Customers should avoid damage where possible, or at least try to limit, mitigate, or reduce it as far as possible. Customers should report deficiencies in the property subject to their Reservation to Hostie. If the Customer’s Reservation details provided by Hostie do not refer to a local representative, please contact Hostie directly to report any problems, providing Hostie with the Reservation number, the property reserved, and the dates of the Reservation.
User Support, Suppliers and Cohosts: firstname.lastname@example.org
Guest Support Reservations: email@example.com
Hostie, or any relevant local representative, will use prompt efforts to find appropriate solutions to any reported problems.
3.5.7. Lapsing of Liability and Limitation Complaints Period
Claims based on any Reservation must be submitted to Hostie within 72 hours of the end of the Reservation, either by e-mail to firstname.lastname@example.org. Claims should be made in writing, in Customer’s own interest.
3.6. No Control Over Property
Hostie does not in any way, whether indirectly or directly, own, manage, operate, or control the Property subject to these General Terms and Conditions. You understand and agree that Hostie is not and shall not be considered a property manager for the Property, and the full extent of the Services provided by Hostie are defined entirely within these General Terms and Conditions; Hostie does not, and shall not, provide any physical, administrative, or financial maintenance or management of the Property.
Article 4. Hostie’s Specific Services to Suppliers.
4.1 Support Services
Upon its acceptance of these General Terms and Conditions on the Effective Date, Hostie shall provide the following services (collectively, the “Services”) to You as a Supplier based on the Subscription Plan such as maintaining the Listings and Reservation calendar for the Property identified within any Listing as appropriate on an ongoing basis; adjusting the Listing’s nightly rate and pricing as appropriate on an ongoing basis; accepting and declining Guest Reservation requests for the Property identified within Listing; extending, shortening, or otherwise altering Guest Reservations as needed; acting as the primary point of contact for Guests who have made a Reservation for the Property identified within the Listing and being presented as the Guest’s primary point of contact regarding any such Reservation within all Listings of the Property, whether on the Website and the Hostie Channels; with the Host’s authorization, creating Listings on behalf of the Suppliers for publication on the Website, the Hostie Channels, or both; updating the Listing description, photos, and providing other information required by any Supplier or in connection with the Property; Communicating via phone and e-mail with Guests seeking to make Reservations pursuant to any Listing as needed from the time of a Guest’s inquiry about a Listing through the time of check-out; checking in Guests of the Listing (Your capability to provide self-check in, including the use of a smart lock, is required); checking out Guests of the Listing (specifically including key return, Property inspection, Guest assistance, payment inquiries and other services as needed); assisting with issues that Guests may have with the Property during their stay, including key loss, lockouts, emergency maintenance, and other services as needed; communicating via phone calls, e-mails, and other channels of communication with Guests who have made a Reservation based on any Listing regarding potential issues; reviewing Guests of the Listing; coordinating cleaning services for the Property within the Listing after Guest stays; resolving disputes with Guests of the Listing, including disputes over cleaning and payment; and interacting with the Hostie Channels to ensure there are accurate and correctly displayed Listings promoting the Property and addressing all other means necessary to display and promote the Listings, including communication with customer support for any and all of the Hostie Channels.
We may enable authorize other Members (“Co-Hosts”) to administer the Supplier’s Listing(s) and to bind the Co-Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any agreement formed between Host and Co-Host may not conflict with these Terms, the payment terms, or any other polices applicable to your Host Service(s). Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Hostie. Hostie reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage. Hosts and Co-Hosts may agree on a fee (“Co-Host Services Fee”) in consideration for the Co-Host Services provided by the Co-Host. When such an agreement is made, the Host agrees to pay the Co-Host Services Fee for any confirmed booking of their Listing, which will be deducted directly from the Listing Fee after deduction of any applicable Host Fee. In addition, Hosts may instruct a Co-Host to provide certain one-time services in relation to their Listing. Hosts can pay Co-Hosts for one-time services and any other expenses using the Resolution Center. Airbnb Payments will process all Co-Host Services Fees and Resolution Center payments.
4.3. Hostie’s Specific Services
Pursuant to Section 4.1 above, Hostie shall provide the following Services to You as a Supplier.
4.3.1 Marketing Channels
Using the Images and information You provide to Hostie, Hostie shall engage in the display, promotion, and marketing of the Property on the Website and through the Hostie Channels through the creation and maintenance of Listings to be displayed on one or both. Hostie Channels may include but are not limited to; AirBnB, HomeAway, VRBO, Tripadvisor, Booking.com, Priceline, Expedia, Agoda, and other such services currently in existence or that may exist in the future. Hostie’s activities may include, subject to the terms and conditions of these General Terms and Conditions, the display of Images depicting the Property, the use of Your description of the Property and Hostie’s own description of the Property, and using commercially reasonable measures to ensure the distribution of these Images and descriptions so that travelers, third parties, and potential Guests may create a Reservation to use the Property for a specified number of nights through Hostie’s online technology, specifically including its Technology
You understand that the pricing of any Listing shall be dynamic (i.e., changing), and set in the manner described within these General Terms and Conditions.
Hostie will coordinate housekeeping schedules and payments to the housekeeper it may designate. As a Supplier, You are responsible for hiring the housekeeper and remitting their information to Hostie.
Hostie’s Reservation support and customer support services are available 24 hours per day, seven days per week. We shall accept Reservations of the Property in a manner that does not overlap with other Reservations. At the time of any Guest making a Reservation, we shall collect payment of the Rate(s) charged for each night of the Reservation via credit card, debit card, or other means that may be available and accepted from time to time through the Technology.
4.3.5. Designated Contact with Hostie
Hostie will provide You with a liaison that will manage Your Property and its Listings. Your liaison within Hostie will assist You with the implementation process and to manage Your relationship with Hostie.
Hostie will provide You with a dashboard to inform You of any Reservation made for Your Property through any Listing Hostie creates or maintains in a secure portal that You will access using login credentials that You provide to Hostie. Hostie will provide You with access to information pertaining to each Reservation for Your Property processed by Hostie, including but not limited to Guest’s information, payout amounts, and Reservation dates, whether the Reservation is made through the Website or any of the Hostie Channels.
4.3.7. Terms of Payment
If Hostie is responsible for collecting payment for a Reservation, then upon Hostie receiving full payment for such Reservation, Hostie shall release all payment it receives for a Reservation, less Service Fees (defined below), to You 72 hours after each Guest completes the Guest’s respective Reservation for which Hostie collected payment by the Guest checking out of the Reservation. Payments may take 3 to 5 business days after released by Hostie to deposit into Your bank account. You are obligated to maintain current and valid bank account information on file with Hostie so that Hostie may release payments to You. If You receive payment for a Reservation, then You shall owe Hostie all Service Fees allowed under these General Terms and Conditions for that Reservation, and those Service Fees shall be payable to Hostie within 24 hours after the Guest for which payment was collected checks out of the Guest’s Reservation.
4.3. Hostie’s Fees and Charges to Suppliers
Hostie shall charge Suppliers a Subscription Fee, and Suppliers understand and agree that Hostie may charge Suppliers or Guests a Cleaning Fee and other Guest Fees arising from each Reservation. Hostie shall be the sole recipient and beneficiary of all Service Fees for all Reservation made on the Website, any of the Hostie Channels, or otherwise services by Hostie. Supplier understands and agrees that Supplier shall have no right, title, or interest in any Service Fees charged or collected by Hostie, and disclaims, releases, and discharges any claim or entitlement to the same.
4.4. Suspension of Services to Suppliers
Hostie shall have the right at any time to suspend its provision of the Services to You and/or any Supplier. During such a suspension, Your Property will not be eligible for new Listings or Reservations, and may not be visible on the Website or the Hostie Channels. The reasons Hostie may suspend the Services offered to You include, by way of example but not limitation, Your submission of false or incorrect Images; Your submission of false or incorrect information about the Property; Your failure to timely confirm Reservations with Hostie; Your failure to inform Hostie of other reservations, bookings, or periods of unavailability for the Property not made through the Website or the Hostie Channels; Your failure to maintain current and accurate bank account information with Hostie; Your cancellation of any Reservation; Your refusal to accept a Reservation at the Rate(s) set by Hostie; suspected fraud, abuse, or unlawful activity; Hostie’s receipt of one or more complaints regarding the Property; any event or occurrence, whether or not caused by You, that would cause third parties to view Hostie in a negative or unflattering light, as determined in Hostie’s sole and exclusive discretion; Your mistreatment of Hostie’s employees, agents, vendors, or contractors; or for any other reason Hostie determines, in its sole and absolute discretion, justifies suspension of the Agreement.
Article 5. Supplier Obligations to Hostie
5.1.1. Replenishing Consumables
You are responsible for replenishing consumable items, or items that require cleaning after use, which are furnished within the Property subject to Listings on the Website or any Hostie Channels. These items that must be cleaned after each Guest’s check-out, or are consumed and required to be replaced after each Guest’s checkout (or more frequently), include but are not limited to bedding, towels, robes, other linens, keys or keycards, toilet paper, toiletries (such as shampoo, soap, or toothpaste), trash bags, paper towels and other paper products, dish soap, dishwasher detergent, air filters (e.g., for HVAC units), and other items that may require replacement or cleaning between Reservations (such as linens, extra keys, toilet paper, trash bags, bath products, etc.). The costs of replenishing or servicing these items are separate from and not included within the Co-Host Fee, Cleaning Fee, Guest Fee or any other fee specified within these General Terms and Conditions; the actual costs of these replenishments and services shall be the sole and exclusive responsibility of You, and paid by You, unless otherwise agreed in writing by Hostie.
5.1.2. Damage Deposit Claims
At or before the time of a Guest’s check-in for a Reservation, Hostie will charge the Guest’s credit or debit card a deposit in an amount Hostie will determine from time to time in its sole and absolute discretion, which will serve as the Guest’s deposit that can be collected and withheld in the event of damage to the Property or Your personal property therein, and which Hostie shall hold for at least 48 hours following the Guest’s check-out from the Reservation. If a Guest has caused damage to Your Property or Your personal property located within the Property, You are responsible for submitting any and all claims for recovery from or an assessment against the Guest’s damage deposit within 48 hours after that Guest checks out. If You fail to remit a claim within 48 hours after the Guest checks out, the damage deposit will be returned to the Guest in full.
5.1.3. Provision of Listing Information
As set forth in this Agreement, You shall provide information and materials reasonably necessary for Hostie to prepare Listings of the Property.
5.1.4. Supplier Conduct
As a Supplier, You are solely responsible and liable for any and all Listings You create and send to Hostie, including any Listing created on behalf of and accepted by You, and expressly including any and all Listings created by Hostie. Accordingly, You represent and warrant that any Listing created by You or Hostie, and the use of the Property identified within that Listing (a) will not breach any agreements You have entered into with any third parties, such as homeowners associations, condominium associations, lease or rental agreements, and (b) You will (i) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing You post (including having all required permits, licenses and registrations), and (ii) not conflict with the rights of third parties. Further, as a Host, You, remain responsible and liable for Your own acts and omissions, including, but not limited to, conduct that causes harm or damage to Hostie, that violates the terms and conditions of any Provider, that violate the terms and conditions of any Hostie Channel, or that violates any applicable laws, statutes, regulations, rules, or ordinances.
5.1.5. Property Safety
As a material term of this Agreement, You, as a Supplier, are required to comply with the health and safety obligations imposed by Your country, state, province, county, city, or other municipality, which are required for You to operate legally within the jurisdiction(s) where the Property is located. Additionally, Hostie may provide You with a safety self-assessment survey at any time which You agree to complete truthfully and accurately and return to Hostie within five days of receiving it. If You fail to comply with Your obligations under this Section, Hostie may terminate this Agreement immediately upon providing You with written notice of its decision to do so. Additionally, You agree to abide by technology and security guidelines that Hostie may adopt and inform You of from time to time, including but not limited to the use of a “smart lock” on Your property that will allow Hostie to discharge its obligations under this Agreement. Hostie will transmit these requirements to You in writing as they are set or change, and You can request all such information from Hostie by sending written notice to Hostie seeking such information.
5.1.6. Data and Security
You understand and agree that You have in place and will maintain, or will establish and maintain, adequate security procedures and controls to prevent the unintended disclosure of, and the unauthorized access to, or misappropriation of, any personal data or information of any Guest. You agree that You shall process, store, transmit, and access any Guest information in compliance with applicable law. Further, unless You receive written consent directly from the Guest, You and Your affiliate will not directly or indirectly engage in any solicited or unsolicited marketing, promotional, or similar communications with any Guest that has booked a room through the Website or any Hostie Channels.
You understand and agree that You shall not treat any Guest that makes a Reservation through Hostie differently than You treat or would treat any other Guest that makes a similar reservation, booking, or otherwise pays for the use of the Property, through any other channel, medium, or service. Any restrictions, rules, policies, conditions, or other policies that You may apply to the Property, including rules associated with cancellation of any reservation or booking of Your Property, shall not be more restrictive when applied to Hostie and Hostie’s Reservations than You apply those restrictions, rules, policies, conditions, or other policies to any third parties, including any channel or medium, through which You receive any reservation, booking, or otherwise paid use of the Property. Further, You understand and agree that Your application of these restrictions, rules, policies, conditions, or other policies to Hostie’s Reservations with respect to the handling of “overbooking,” allocation of room sizes and types (including options relating to number and type of beds, bedding, other accessories or appliances, views, and other differentiating features of rooms within the Property), Your provision of regular services and amenities within the Property, and the charging of any and all fees associated with the Property’s use, shall not violate any law, rule, regulation, or ordinance of any kind. You further agree that You shall not engage in any discrimination regarding use of the Property, or cancel or disallow any Reservation on the bases of age, gender, sexual orientation, appearance, race, national origin, or marital status, and shall not post any material within any Listing that evidences any such discrimination or in any way otherwise violates the Fair Housing Act of the United States, and any similar state laws, and local ordinances or rules to the same effect.
5.1.8. Anti-Fraud Protection
You understand and agree that You are solely responsible for ensuring that the identification presented by any Guest is valid and consistent with the Reservation information Hostie provides to You. If any Party believes a Reservation is or may be fraudulent, or used in connection with any illegal or unlawful practice, or certain data provided by a Guest for a Reservation cannot be verified, then the Parties shall work in good faith to investigate and potentially terminate, at Hostie’s election, a fraudulent or potentially fraudulent Reservation. Hostie may cancel at any time, including after check-in and through any time of the Reservation prior to the Guest’s check-out, any fraudulent or potentially fraudulent Reservation at any time without any penalty or amount due to You. You acknowledge that neither Hostie nor any of its Affiliates shall have any liability to You for any payment, penalty, or other amounts or sums in connection with any fraudulent or potentially fraudulent Reservations, whether or not cancelled by any Party. Further, You represent that neither You nor the Property, nor any beneficial owner of You (if You are a corporation, company, partnership of any variety, trust, or entity other than a natural person) or the Property, are incorporated in or a resident of any country subject to trade sanctions by OFAC, or are listed as a Specially Designated National, a Specially Designated Global Terrorist, a Blocked Person, or any similar designation as OFAC may create or maintain from time to time under its sanctioning authorities
5.2. Providing Listing and Promotional Material
As provided in this Agreement, Hostie shall create Listings for the Property and set rates for the Listings as set forth below.
5.2.1. Your Provision of Images
You understand and agree that as a condition of entering this Agreement, within ten days of the Effective Date, You shall submit to Hostie at least 15, and no more than 30, Images of the Property that You own or have the full right to license to Hostie for its use, subject to the conditions below.
You grant Hostie and its Affiliates a perpetual, irrevocable, non-exclusive, royalty-free, fully paid right and license to use, reproduce, distribute, and display the Property, Images, and all other information You submit to Hostie for Hostie’s and its Affiliates’ use in identifying, promoting, marketing, and otherwise obtaining Reservations for the Property. You further agree to provide Hostie reasonable free access to the Property in order to obtain images that Hostie shall create and own in their entirety for Hostie’s and its Affiliates’ use in identifying, promoting, marketing, and otherwise obtaining Reservations for the Property.
5.2.3. Rate Calculation
You shall set the base rate, Hostie shall use Smart Pricing the nightly Rate(s) at which the Property will be promoted or displayed within a Listing as being available for Reservations. Dynamic pricing is automated pricing that utilizes real-time market data and Hostie’s proprietary technology to ensure Our price recommendation maximize revenue and occupancy of the Property. You authorize Hostie to manage on Your behalf, and in accordance with this Agreement, the Rates, together with any applicable charges, Taxes, or other amounts payable, based on information You provide to Hostie, and any such action by Hostie to derive such Rates, Taxes, and other fees, or other amounts on Your behalf, shall be deemed to be Your action, for purposes of this Agreement. You understand and agree that You will not require Guests to pay any fees or surcharges relating to their payment process or method of payment (e.g., Guests will not be charged any fees or surcharges for credit or debit card payments).
5.2.4. Order of Listing Display
Hostie cannot ensure You that it has any control over the content, order, appearance, or any other aspect of the Listing, description, images depicting the Property, or any other information relating to Your Property, which may be displayed through any Hostie Channels. The sort order, search result order, appearance, and other display of any Property listed on the Website shall be subject to the limitations of liability within this Agreement.
You agree to be bound by and comply with the following terms and conditions regarding Your Tax obligations upon accepting these General Terms and Conditions.
5.3.1. Supplier’s Tax Obligations
As a Supplier, You are solely responsible for determining Your obligations to report, collect, remit or include in Your Listing Fees any applicable Taxes, as defined below. You understand that any appropriate governmental agency, department and/or authority where Your Property is located may require Taxes to be collected from Guests or Suppliers from the Rates, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Rate set by Suppliers, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes”.
5.3.2. Tax Regulations
Applicable tax laws and regulations may require Hostie to collect appropriate Tax information from You, to withhold Taxes from payouts to You, or both. If Host fails to provide Hostie with documentation that Hostie determines to be sufficient to alleviate Our obligation (if any) to withhold Taxes from payments Hostie makes to You, We reserve the right to withhold any and all payments that may be due to You, withhold such amounts as required by law from any payments due to You, or to do both, until any tax-related dispute is resolved.
5.3.3. Tax Jurisdictions
Hostie may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Suppliers, in accordance these General Terms and Conditions (“Collection and Remittance”) if such jurisdiction asserts Hostie or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which Hostie decides to facilitate direct Collection and Remittance, You hereby instruct and authorize Hostie to collect Occupancy Taxes from Guests on the Host’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, that Hostie collects and remits will be visible to and separately stated to both Guests and Host on their respective transaction documents prepared by Hostie. Where Hostie is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by Us relating to their Accommodations in that jurisdiction.
For so long as You are a Supplier, You agree to maintain general commercial liability insurance for each Property for which Hostie provides Services or creates Listings under these General Terms and Conditions, in the amount of at least One Million Dollars ($1,000,000.00) per incident and Two Million Dollars ($2,000,000.00) in the aggregate. Within ten days of the Effective Date, You must provide Hostie with a certificate of insurance evidencing a) coverage in the amounts set forth within this Section, and b) that Hostie is identified as an additional insured on Your policy. You agree that You will provide Hostie with a copy of Your insurance certificate within ten days of Hostie providing You with written notice requesting the same. You understand and agree that Your insurance policy maintained under this Section shall be the first policy Hostie shall look to in the event of any claim or damage arising from or relating to these General Terms and Conditions. Additionally, You waive, release, give up and surrender any right of subrogation against Hostie, its Affiliates, and Hostie’s officers, directors, employees, and agents as a condition of entering these General Terms and Conditions.
If You are, or reasonably believe You will be, unable to honor a Reservation, You understand and agree that You shall immediately notify Hostie of this inability, relocate the affected Guest to a comparable property, pre-pay or make other arrangements to cover the room charges at such property for the nights for which relocation is needed in addition to all additional transportation and relocation costs, and waive any additional fees or other additional payments that otherwise would be payable to You by Hostie or the Guest as a result of the Reservation. Hostie reserves the right to perform any or all of these tasks, in which case You agree to reimburse Hostie for its actually incurred expenses, including applicable room and property charges levied by the alternative property or other accommodations, and further reimburse Hostie for all associated Guest relocation costs Hostie incurs, and which Hostie may recoup from, charge against, or offset from any amounts Hostie may owe to You.
You, as a Supplier, understand and agree, at Your sole and exclusive expense, to indemnify and defend Hostie, its Affiliates, and its officers, directors, employees, and agents (collectively, the “Hostie Indemnitees”) against any claim or action arising from or related to these General Terms and Conditions, which shall include and not be limited to any and all losses, expenses, costs (including court costs), reasonable attorney’s fees, and damages, including special, general, indirect, consequential, exemplary, punitive, or any other measure of damages, whether arising in contract or tort. You further agree to pay the Hostie Indemnitees’ court costs and reasonable attorney’s fees under this section on a monthly basis as they are incurred by any of the Hostie Indemnitees. Any of the Hostie Indemnitees may participate in the defense or settlement of any claim, demand, litigation, administrative proceeding, or other dispute for which You indemnify the Hostie Indemnitees under this Section. You also agree not to consent to the entry of any settlement, resolution, or judgment without the prior written consent of the affected Hostie Indemnitees, which shall not be unreasonably withheld.
5.7 Limitation of Hostie’s Liability
You, as a Supplier, shall irrevocably release and hold harmless Hostie, its officers, directors, employees, agents, and its Affiliates, from all claims arising from these General Terms and Conditions and any Reservations obtained through Hostie, the Website, or the Hostie Channels, whether those claims are brought by any Guest or any third party. You expressly agree to release Hostie, its officers, directors, employees, agents, and its Affiliates for claims of any kind, including those arising in tort or contract, or under other law (e.g., the Fair Housing Act and other federal law, whether or not relating to housing or accommodations), and release Hostie, its officers, directors, employees, agents, and its Affiliates from any claim for damages of any kind, whether arising from contract or tort, in law or equity (and including any and all claims for injunctive or declaratory relief), including special, general, indirect, consequential, exemplary, punitive, or any other measure of damages, and further release Hostie from any claim for attorneys’ fees and costs in any claim or dispute. You further shall hold Hostie, its officers, directors, employees, agents, and its Affiliates harmless for any claims a Guest or third party brings against You in connection with these General Terms and Conditions or the Property specified in these General Terms and Conditions.
Article 6. General
The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect Reservations already accepted except as stated in Section 3.5.4 and its subparts above. Hostie may in some cases assess a Reservation fee in relation to some transactions made by the Customer or on the Customer’s behalf. The Customer will be notified of all applicable charges at the time of Reservation. Despite Hostie’s best efforts, some of the Services listed on the Website may be incorrectly priced. HOSTIE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. Hostie is under no obligation to provide Services to a Customer at an incorrect (lower) price, even after Customers have been sent confirmation of their Reservation.
6.2. How Our Sort Order is Determined
Travelers have many options to help them find the ideal lodging for Reservation. The “sort” settings allow travelers to order search results to their preference, whether based on price, verified review score, or other criteria. The “filter” settings also allow travelers to include or exclude various options to suit their travel needs. If no options are selected, we will show a range of relevant options in the search results.
Our default sort order reflects the relevance of properties to Your search criteria, as we want to make sure You are able to quickly and easily find the offer that is right for You. We measure relevance by taking into account factors like a property’s location, its review scores, the popularity of the property (measured by how many travelers on our sites make Reservations at that property), the quality of the content provided by the property, and the competitiveness of the property’s rates and availability, all relative to other properties meeting Your chosen search criteria. The compensation which a property pays us for Reservations made through our sites is also a factor for the relative ranking of properties with similar offers, based on the relevance factors described above. On our non-default sorts (e.g., by price or by star rating), properties with similar results will be ordered based on the factors above.
6.3. Photographs and Illustrations
Hostie may provide photographs and illustrations that give the Customer a depiction of the Services offered. The purpose of these photographs and illustrations is to show the Customer the level of accommodation and the degree of comfort, and they must not be considered to be making any representation that exceeds this purpose.
The prices on the Website do not include travel insurance. The Customer is therefore advised to take out insurance that covers the consequences of certain cases of cancellation and that also provides cover for certain special risks such as the cost of repatriation in the event of an accident or illness. It is the Customer’s responsibility to ensure any insurance policy taken out is adequate to cover their requirements. The risks covered by these policies, as well as the cost and the amount of coverage, are disclosed by any insurer Customer engages to purchase such an insurance policy. In the event that a policy is bought, the insurer will send the policy to the Customer. Claims must be submitted directly to the insurance company in accordance with the terms and conditions of the policy.
Article 7. Financial conditions and payment procedures
7.1 Local Taxes and Payments
Unless specified otherwise in the Rules and Restrictions, the prices of the Services shown on the Website are expressed in US Dollars, excluding local taxes imposed by the authorities in some countries and other fees, whether or not charged by Hostie or any Supplier.
The price of Services reserved on the Website or by telephone must be paid to Hostie. Payment may be charged by more than one party (as will be shown on the Customer’s bank or credit card statement) however the total amount charged will not exceed the total price of the Services plus any fees, charges, or taxes levied by Hostie, the Supplier, or any governmental authority.
The Customer shall provide the details of Customer’s payment card and Hostie will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the Supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the Customer’s credit card).
7.2. Tax Recovery Charge
Except as provided below with respect to tax obligations on the amounts we retain for our services, Hostie does not collect taxes for remittance to applicable taxing authorities. The tax charges on prepaid Reservations are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Hostie pays to the Suppliers for taxes due on the rental of the appropriate property. The Supplier invoices Hostie for tax amounts. The Suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Hostie does not act as a co-vendor with the property or Supplier with whom our customers reserve their travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Hostie to the Suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the Supplier’s property by Customers. In addition to the above, in certain jurisdictions, sales, use and/or local occupancy taxes may be imposed on the amounts that Hostie charges for its Services. The actual tax amounts on our Services, if any, may vary depending on the rates in effect at the time of Your Reservation.
Article 8. Customer Service and the handling of complaints
Queries or requests for information or complaints, should be sent to support@Hostie.com or a Customer can call (213)-263-4900. For ease of resolution, Customers are encouraged to bring their complaints within 30 days of the end of a trip.
Any hard copy complaints should be directed either to the individual Supplier providing the Service offered through Hostie or the Website using the address provided in their Rules and Restrictions or to Hostie.
Customers are encouraged to raise any issues they experience during their trip via the number above (or as soon as reasonably possible), so that measures can be taken to resolve the problem and in order to limit the damage suffered by the Customer.
Complaints about loss of, theft of or damage to luggage, clothing or personal belongings that were not under the Customer’s control during the stay should be addressed to the appropriate Supplier.
Article 9. Hostie’s Liability
Each Customer and Supplier accepts that where Hostie acts as an interface between the Customer and the Suppliers, Hostie will under no circumstances be held liable with respect to Services the Customer has used or Reservations the Customer has made with one or more Suppliers. Hostie is not liable if and insofar as the Customer is able to claim for damages under an insurance policy such as travel and/or vacation cancellation insurance. Hostie shall not be liable for any disputes arising between or among any Customer(s) or Supplier(s).
The information displayed on this Website has been provided by the respective Suppliers, and Hostie does not accept any liability for any inaccuracies. Customers must ensure that they verify all information given before making a Reservation.
Customers should note that all ratings or reviews shown on the Website are intended as guidance only and may not be an official rating. Hostie does not accept any liability in relation to the ratings shown.
Article 10. Disclaimer
EXCEPT AS EXPRESSLY SET OUT IN THESE GENERAL TERMS AND CONDITIONS, ALL THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED WITHOUT ANY EXPRESS WARRANTY, IMPLIED WARRANTY, OR GUARANTEE OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH IMPLIED TERMS AND WARRANTIES ARE EXCLUDED.
By accessing this Website, the Customer agrees that Hostie will not be liable for any direct, indirect or consequential loss arising from the use of the Website, any delay or inability to use the Website, or from the Customer’s use of links from the Website. The exclusions and limitations contained in this clause apply only to the extent permitted by law.
Article 11. Applicable Law
These General Terms and Conditions are governed by the laws of the State of Delaware, within the United States of America, without regard to its conflicts-of-laws provisions. Consistent with the Federal Arbitration Act, Customers and Suppliers irrevocably agree to submit all claims against Hostie arising from or relating to these General Terms and Conditions to binding and confidential arbitration that shall be exclusively venued within Clark County, Delaware, waiving all objections to venue and personal jurisdiction, including those arising under the doctrine of forum non conveniens; Customers and Suppliers expressly waive their rights to any jury trial, and expressly waives, gives up, releases and relinquishes any right or claim to participate in any class action claim against Hostie. Such arbitration shall be commenced before the American Arbitration Association or Judicial Arbitration and Mediation Services, conducted pursuant to the applicable commercial dispute rules of that arbitration service, and be heard by a single arbitrator. The parties shall equally bear the costs of arbitration as they are incurred, and the parties further agree to bear their own attorney’s fees and costs incurred in arbitration. The arbitrator’s award may be entered and enforced before any court of competent jurisdiction.
Article 12. Final Provisions
If Hostie does not invoke one of the provisions of the General Terms and Conditions at any one moment, this must not be interpreted as a waiver or cession of the right to invoke it at a later date.
If any provision of these General Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of these General Terms and Conditions and the validity and enforceability of the other provisions shall not be affected.
Every instance of force majeure, including the interruption of means of communication or a strike, will lead to the suspension of the obligations in these General Terms and Conditions that are affected by the force majeure event and the party affected by the force majeure event shall not be liable as a result of the inability to meet such obligations.
These General Terms and Conditions come into force on April 1, 2018.