Terms & Conditions

Terms of Service 

Last Updated: October 25, 2024

Thank you for using The Safer Stay!

These Terms of Service (“Terms”) are a binding legal agreement between you and The Safer Stay that govern the right to use the websites, applications, and other offerings from The Safer Stay (collectively, the “The Safer Stay Platform”). When used in these Terms, “The Safer Stay,” “we,” “us,” or “our” refers to The Safer Stay entity set out on Schedule 1 with whom you are contracting. 

The Safer Stay Platform enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions, and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). As the provider of The Safer Stay Platform, Safer Stay (or its affiliates) does not own, control, offer or manage any Listings or Host Services. The Safer Stay is not a party to the contracts entered into directly between Hosts and Guests, nor is The Safer Stay a real estate broker, travel agency, or insurer. The Safer Stay is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about The Safer Stay’s role see Section 15.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by The Safer Stay payment entities (collectively “The Safer Stay Payments”). 

Guest Terms

1. Searching and Booking 

1.1 Searching.

You can search for Host Services by using criteria like the type of Host Service, type of listing, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more.. 

1.2 Booking.

When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the Host for their Listing, the price displayed to you is based on a currency conversion rate determined by us. You are also agreeing that Safer Stay via Safer Stay Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in Section 14) amounts. 

When you receive the booking confirmation, a contract for Host Services (a “Reservation”) is formed directly between you and the Host. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.

1.3 Accommodation Reservations.

An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) permitted by applicable law. If you stay past checkout, the Host has the right to make you leave in a manner permitted with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests. 

 

2. Cancellations, Reservation Issues, Refunds and Booking Modifications. 

2.1 Cancellations, Reservation Issues, and Refunds.

In general, if you cancel a Reservation, the amount refunded to you is determined by the Host’s cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Major Disruptive Events Policy. If the Host cancels, or you experience a Reservation Issue (as defined in our Rebooking & Refund Fee), you may be eligible for rebooking assistance or a partial or full refund under the Rebooking and Refund Policy. Different policies apply to certain categories of Listings; for example Experiences Reservations are governed by the Experiences Guest Refund Policy. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation.  You may appeal a decision by Safer Stay by contacting our customer service.

2.2 Booking Modifications.

Guests and Hosts are responsible for any booking modifications they agree to make via our platform or direct our customer service to make on their behalf (“Booking Modifications”), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

3. Your Responsibilities and Assumption of Risk.

3.1 Your Responsibilities.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, all areas and facilities where the Accommodation is located that the Host and Guest are legally entitled to use in connection with the Accommodation (“Common Areas”), or any Experience or other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. 

3.2 Your Assumption of Risk.

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Safer Stay Platform and any Content (as defined in Section 9), including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. 

 

Host Terms

4. Hosting on Safer Stay.

4.1 Host.

As a Host, Safer Stay offers you the right to use the Safer Stay Platform in accordance with these Terms to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing. 

4.2 Contracting with Guests. 

When you accept a booking request, or receive a booking confirmation through the Safer Stay Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Safer Stay’s fees (and applicable guest taxes) for each booking. Safer Stay Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

4.3 Independence of Hosts. 

Your relationship with Safer Stay is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Safer Stay, except that Safer Stay Payments acts as a payment collection agent as described in the Payments Terms. Safer Stay does not direct or control your Host Service, and you understand that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.

5. Managing Your Listing. 

5.1 Creating and Managing Your Listing

The Safer Stay Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Host Services and we suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. Any offer of an Experience is subject to our Additional Terms for Experience Hosts.

5.2 Know Your Legal Obligations. 

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice. 

5.3 Search Results. 

The ranking of Listings in search results on the Safer Stay Platform depends on a variety of factors, including these main parameters:

• Guest search parameters (e.g. number of Guests, destination, time and duration of the trip, price range),
• Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, length of time the Listing has been live on the Safer Stay Platform, Guest engagement and popularity),
• Guest experience (e.g. customer service and cancellation history of the Host, ease of booking), 
• Host and Listing requirements (e.g. minimum or maximum nights, booking cut-off time), and
• Guest preferences and history (e.g. previous trips, viewed and saved Listings, location from where the Guest is searching).

Search results may be different on our mobile application than on our website, and may also differ in the map view. Safer Stay may allow Hosts to promote their Listings in search or elsewhere on the Safer Stay Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center. 

5.4 Your Responsibilities.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Safer Stay Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Safer Stay Platform in violation of our Off-Platform Policy. 

 

5.6 Your Assumption of Risk. 

You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Safer Stay Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Safer Stay Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Safer Stay.

6. Cancellations, Reservation Issues, and Booking Modifications. 

6.1 Cancellations and Reservation Issues. 

In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our Major Disruptive Events Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Reservation Issue (as defined by the Rebooking and Refund Policy), (ii) a Major Disruptive Event arises, or (iii) a Reservation is canceled under Section 12 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Safer Stay exceeds your payout, Safer Stay (via Safer StayPayments) may recover that amount from you, including by deducting the refund against your future payouts. You agree that Safer Stay’s Rebooking and Refund Policy, Major Disruptive Events Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Host an Experience please note that the Experience Cancellation Policy, Experiences Guest Refund Policy and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation. 

6.2 Booking Modifications. 

Hosts and Guests are responsible for any Booking Modifications they agree to make via the Safer Stay Platform or direct Safer Stay customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

7. Taxes. 

7.1 Host Taxes. 

As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”). 

7.2 Collection and Remittance by Safer Stay. 

In jurisdictions where Safer Stay facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Safer Stay to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Safer Stay are identified to Members on their transaction records, as applicable. Safer Stay may seek additional amounts from Members (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Safer Stay is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason. 

7.3 Tax Information. 

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Safer Stay may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting.

General Terms

8. Reviews. 

After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms, applicable law, or our Content Policy or Review Policy. Reviews are not verified by Safer Stay for accuracy and may be incorrect or misleading. 

9. Content. 

Parts of the Safer Stay Platform enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Safer Stay a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Safer Stay Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Safer Stay(including its affiliates) pays for the creation of Content or facilitates its creation, Safer Stay (including its affiliates) may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Safer Stay (including its affiliates) the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Safer Stay may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Safer Stay does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

10. Fees. 

Safer Stay may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Safer Stay Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Any applicable fees are disclosed to Guests before making a Booking. Except as otherwise provided on the Safer Platform, service fees are non-refundable. Safer Stay reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2. 

11. Safer Stay Platform Rules.

11.1 Rules. 

You must follow these rules and must not help or induce others to break or circumvent these rules. 

• Act with integrity and treat others with respect
  • Do not lie, misrepresent something or someone, or pretend to be someone else.
  • Be polite and respectful when you communicate or interact with others.
  • Do not attempt to evade enforcement of these Terms, our Additional Legal Terms, Policies, or our Standards, such as by creating a duplicate account or listings.
  • Follow our Nondiscrimination Policy and do not discriminate against or harass others.
• Do not scrape, hack, reverse engineer, compromise or impair the Safer Stay Platform
  • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Safer Stay Platform. 
  • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Safer Stay Platform or Content.
  • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Safer Stay Platform.
  • Do not take any action that could damage or adversely affect the performance or proper functioning of the Safer Stay Platform.
• Only use the Safer Stay Platform as authorized by these Terms or another agreement with us
  • You may only use another Member’s personal information as necessary to facilitate a transaction using the Safer Stay Platform as authorized by these Terms.
  • Do not use the Safer Stay Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent. 
  • You may use Content made available through the Safer Stay Platform solely as necessary to enable your use of the Safer Stay Platform as a Guest or Host. 
  • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
  • Do not request, make, or accept a booking or any payment outside of the Safer Stay Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
  • Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by Safer Stay.
  • Do not engage in any practices that are intended to manipulate our search algorithm.
  • Do not book Host Services unless you are actually using the Host Services.
  • Do not use, copy, display, mirror or frame the Safer Stay Platform, any Content, any Safer Stay  branding, or any page layout or design without our consent.
• Honor your legal obligations
  • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
  • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy. 
  • Read and follow our Terms, Additional Legal Terms, Policies, and Standards.
  • Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein.
  • Do not use the name, logo, branding, or trademarks of Safer Stay or others without permission, and only as set forth in our Trademark Guidelines.
  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any Safer Stay trademarks, logos or branding. See our Trademark Guidelines for additional details.
  • Do not offer Host Services that violate the laws or agreements that apply to you.
  • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

11.2 Reporting Violations.

If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting The Safer Stay. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to The Safer Stay. If you reported an issue to local authorities, The Safer Stay may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

11.3 Copyright Notifications.

If you believe that Content on The Safer Stay Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

12. Termination, Suspension and other Measures.

12.1 Term.

The agreement between you and The Safer Stay reflected by these Terms is effective when you access The Safer Stay Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms. 

12.2 Termination.

You may terminate this agreement for any reason and at any time by sending us an email or by deleting your account, or in the case of Experiences, by removing all of your Experiences from The Safer Stay Platform. The Safer Stay may terminate this agreement, stop providing access to The Safer Stay Platform, deactivate your account, remove your Listing(s), or any combination thereof, for any reason (including if your account has been inactive for more than two years) by providing you 30 days’ notice via email or using any other contact information you have provided for your account. The Safer Stay may also terminate this agreement, stop providing access to the The Safer Stay Platform, deactivate your account, remove your Listing(s), or any combination thereof, immediately and without prior notice if (i) you materially breach these Terms or our Additional Legal Terms, or Policies, (ii) you materially fail to comply with the standards and requirements for Experiences; (iii) you violate applicable laws, or (iv) such action is necessary to protect the personal safety or property of The Safer Stay, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

The Safer Stay reserves the right to change our services, including to add or remove features and functionalities or change the types of Listings we accept or allow on the platform, including but not limited to: improve or update our services, prevent abuse, or respond to legal requirements. If we make material changes, we will provide you with 30 days’ advance notice, unless the changes are to prevent abuse or respond to legal requirements.

12.3 Member Violations.

If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, (iii) you provide Content that is illegal or incompatible with these Terms, (iv) you have repeatedly received poor reviews or The Safer Stay otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly canceled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is reasonably necessary to protect the personal safety or property of The Safer Stay, its Members, or third parties, The Safer Stay may:

• suspend or limit your access to or use of the The Safer Stay Platform and/or your account;
• suspend, remove, disable access to, or restrict visibility of Listings, reviews, or other Content;
• cancel pending or confirmed bookings; or
• suspend or revoke any special status associated with your account.

In case of non-material breaches or where otherwise reasonable, you will be given reasonable notice of any actions that The Safer Stay proposes to take and an opportunity to remedy the non-material breach (if it is capable of remedy), unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.

12.4 Legal Mandates.

The Safer Stay may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 12.3.

12.5 Effect of Termination.

If you are a Host and terminate your The Safer Stay account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy as specified on the Listing at the time of booking. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the The Safer Stay Platform has been limited, or your The Safer Stay account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the The Safer Stay Platform through an account of another Member.

12.6 Survival.

Sections 1, 2.1, 3, 4.2, 4.3, 5.2, 5.4, 5.5, 6.1, 7, 8, 9, 10, 11, 12.3, 12.4, 12.5, 12.7, 14, 15, 16, 17, 18, 19, 20, 21 and 22 survive expiry or termination, together with any other terms that, by reasonable implication or to give them efficacy are, or are intended, to be performed in whole or in part after the expiry or termination of this agreement.

12.7 Appeal.

If The Safer Stay takes any of the measures described in this Section 12 you may appeal such a decision by contacting our customer service.

13. Modification of these Terms.

The Safer Stay may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the The Safer Stay Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the The Safer Stay Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the The Safer Stay Platform will constitute acceptance of the revised Terms.

14. Resolving Complaints and Damage Claims.

14.1

If a Member provides valid evidence that you, your guest(s), or your pet(s) have culpably:

(i) damaged the complaining Member’s, or the Accommodation owner’s (where the Accommodation owner is not also the Host), real or personal property, or real or personal property the complaining Member is responsible for, or has an economic interest in;

(ii) caused loss of booking income for bookings via the The Safer Stay Platform or other consequential damages which result directly from the damage caused under (i) above; or

(iii) otherwise caused the complaining Member to incur cleaning costs in excess of the Member’s cleaning fee (each of (i), (ii), and (iii) being a “Damage Claim”),

the complaining Member can notify The Safer Stay and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to The Safer Stay and The Safer Stay reasonably determines that the Damage Claim is valid and you are responsible for the Damage Claim, The Safer Stay via The Safer Stay Payments can collect the amount of the Damage Claim from you.

14.2

If the Host and Guest cannot resolve, or a Guest fails to pay a Damage Claim, the Host may notify The Safer Stay through the Resolution Center under the terms of the Host Damage Protection Terms and seek compensation. The Safer Stay will review the Damage Claim and ask the Host to provide any required evidence (e.g. through appropriate documents, photos, invoices, or third- party experts) which substantiates the Damage Claim and the Damage Claim amount. The Guest will be given the opportunity to respond and provide any relevant counter evidence. If The Safer Stay reasonably determines, under (i) consideration of the evidence provided; (ii) the Host Damage Protection Terms; and (iii) applicable statutory rules on the burden of proof, that the Guest is responsible for the Damage Claim, The Safer Stay (via The Safer Stay Payments) will pay out the Damage Claim to the Host. If The Safer Stay pays out the Damage Claim to the Host, The Safer Stay may collect the amount of the Damage Claim from the Guest, including by charging the Guest’s Payment Method up to a maximum amount of $500 USD. The Safer Stay may also pursue claims for recovering Damage Claims amounts, including amounts exceeding the maximum amount applicable for charging the Guest’s Payment Method, against a Guest using any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against a Guest. Members may appeal a decision by The Safer Stay by contacting our customer service. As between Members and The Safer Stay, the burden of proof regarding the Damage Claim and the Damage Claim amount always lies with The Safer Stay.

14.3

You agree to cooperate in good faith, provide any information The Safer Stay requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.

14.4

Any decisions made by The Safer Stay in relation to a Damage Claim will not affect your contractual or statutory rights.

15. The Safer Stay’s Role

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. The Safer Stay is not and does not become a party to or other participant in any contractual relationship between Members. The Safer Stay is not acting as an agent for any Member except for where The Safer Stay Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using The Safer Stay, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that The Safer Stay has the right, but does not have any obligation to monitor the use of the The Safer Stay Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the The Safer Stay Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist The Safer Stay in good faith, and to provide The Safer Stay with such information and take such actions as may be reasonably requested by The Safer Stay with respect to any investigation undertaken by The Safer Stay regarding the use or abuse of the The Safer Stay Platform.

16. Member Accounts.

You must register an account to access and use many features of The Safer Stay Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the The Safer Stay Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify The Safer Stay if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your The Safer Stay Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

17. Warranties.

We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party. To the maximum extent permitted by law, we do not warrant the performance or non-interruption of the The Safer Stay Platform and we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or The Safer Stay has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the The Safer Stay Platform. The Safer Stay may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the The Safer Stay Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the The Safer Stay Platform.

18. Limitations on Liability.

To the maximum extent permitted by law, no party, including The Safer Stay’s affiliates and personnel, or any other party involved in creating, producing, or delivering the The Safer Stay Platform or any Content, will be liable for any incidental, special, exemplary or consequential damages. Incidental, special, exemplary or consequential damages include, to the maximum extent permitted by law, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services. Neither is The Safer Stay liable nor any other party liable, to the extent permitted by law, for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the The Safer Stay Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the The Safer Stay Platform, or (iv) the publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not The Safer Stay has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for (i) The Safer Stay’s obligation to transmit payments to Hosts under these Terms, (ii) The Safer Stay’s obligation to make payments under the The Safer Stay Host Damage Protection, which contains its own limitations of liability, and (iii) The Safer Stay’s wilful breach of these Terms, to the maximum extent permitted by law, in no event shall The Safer Stay’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, interaction with any Members, or use of or inability to use the The Safer Stay Platform, any Content, or any Host Service, exceed: (A) to Guests, three (3) times the amount you paid for the relevant Reservation(s) giving rise to the liability, or (B) to Hosts, three (3) times the amount paid to you for the relevant Reservation(s) giving rise to the liability.

Except in the case of a Member’s wilful breach of these Terms, to the maximum extent permitted by law, in no event shall a Member’s liability to The Safer Stay or any other party involved in creating, producing, or delivering the The Safer Stay Platform or any Content for any claim or dispute arising out of or in connection with these Terms, interaction with any Member, or use of or inability to use the The Safer Stay Platform, any Content, or any Host Service exceed: (A) in the case of Guests, three (3) times the amount you paid for the relevant Reservation(s) giving rise to the liability, or (B) in the case of Hosts, three (3) times the amount paid to you for the relevant Reservation(s) giving rise to the liability.

19. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at The Safer Stay’s option), indemnify, and hold The Safer Stay (including The Safer Stay Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (ii) your improper use of the The Safer Stay Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your negligence or breach of a contractual obligation or, to the maximum extent permitted by law, the negligence and breach of a contractual obligation by those third parties for whose acts and omissions you are responsible under Sections 3.1 and 5.4 above.

20. Contracting Entities. 

Based on your country of residence or establishment and what you are doing on the The Safer Stay Platform, Schedule 1 below sets out the The Safer Stay entity with whom you are contracting. If we identify through the The Safer Stay Platform, an The Safer Stay entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the The Safer Stay entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment to a country outside of Australia, the The Safer Stay company you contract with and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.

21. Applicable law and Jurisdiction.

These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of The Safer Stay’s place of business in Ireland. If The Safer Stay wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.

 

22. Miscellaneous

22.1 Other Terms Incorporated by Reference.

There are documents, policies and standards referred to in and linked from these Terms (including on our Additional Legal Terms page), which apply to your use of the The Safer Stay Platform, which are incorporated by reference to these Terms, and form part of the binding legal agreement between you and The Safer Stay.

22.2 Interpreting these Terms.

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between The Safer Stay and you pertaining to your access to or use of the The Safer Stay Platform and supersede any and all prior oral or written understandings or agreements between The Safer Stay and you. This Section does not exclude a party’s liability for prior false, misleading or deceptive statements or misrepresentations, where oral or written. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and The Safer Stay. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.12 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. 

22.3 No Waiver.

Subject to any limitation expressly stated in these Terms, or any document policy or standard incorporated into them, neither The Safer Stay’s or a Member’s failure to enforce any right or provision in these Terms will constitute a waiver of such right or provision unless acknowledged and agreed between the relevant parties in writing. 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 permitted under law.

22.4 Assignment.

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without The Safer Stay’s prior written consent (not to be unreasonably withheld or delayed). The Safer Stay may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 12.2 remains unaffected.

22.5 Notice.

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by The Safer Stay via email, The Safer Stay Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable you to provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies The Safer Stay’s obligations under Article 59 (1) of the Japanese Housing Accommodation Business Act.

22.6 Third-Party Services.

The The Safer Stay Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. The Safer Stay is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

22.7 Google Terms. 

Some translations on the The Safer Stay Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the The Safer Stay Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

22.8 Apple Terms.

If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

22.9 The Safer Stay Platform Content.

Content made available through the The Safer Stay Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of The Safer Stay and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the The Safer Stay Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, The Safer Stay grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Platform Content made available on or through the The Safer Stay Platform and accessible to you, solely for your personal and non-commercial use.

22.10 The Safer Stay.org.

The Safer Stay.org is a nonprofit corporation exempt from income taxation under U.S. Internal Revenue Code Section 501(c)(3), operating as a public charity. The Safer Stay.org is not owned or controlled by The Safer Stay. The Safer Stay.org administers a number of charitable programs that benefit our Host and Guest communities and the public.

22.11 Force Majeure.

As between The Safer Stay and a Member, neither shall be liable to the other for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside their reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials. For the avoidance of doubt, this Section does not: (i) apply to a Reservation, which is subject to the Host’s cancellation policy and the Major Disruptive Events Policy; or (ii) operate to extend deadlines applicable to a Resolution Centre Request, a Host Damage Protection claim, an Aircover for guests claim, a Reservation Issue under the Rebooking and Refund Policy, or an Experiences Issue under the Experiences Guest Refund Policy, or other requests, claims or reporting under similar policies that are incorporated by reference into these Terms. 

22.12 Emails and SMS.

You will receive administrative communications from us using the email address or other contact information you provide for your The Safer Stay account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an The Safer Stay Account. 

22.13 Contact Us.

If you have any questions about these Terms, please email us.

23. United States Dispute Resolution and Arbitration Agreement.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT WHERE THIS ARBITRATION AGREEMENT APPLIES IN ACCORDANCE WITH SECTION 23.1, YOU AND The Safer Stay AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

23.1 Application. 

This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against The Safer Stay in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

23.2 Overview of Dispute Resolution Process. 

The Safer Stay is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with The Safer Stay’s customer service team (described in Section 23.3, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and The Safer Stay each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. 

At least 30 days prior to initiating an arbitration, you and The Safer Stay each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to The Safer Stay by mailing it to The Safer Stay’s agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. The Safer Stay will send its Pre-Dispute Notice to the email address associated with your The Safer Stay account. A Pre-Dispute Notice must include: the date, your name, mailing address, your The Safer Stay username, the email address you used to set up your The Safer Stay account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 23.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.

23.4 Agreement to Arbitrate. 

You and The Safer Stay mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the The Safer Stay Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and The Safer Stay agree that an arbitrator will decide that issue. For the avoidance of doubt, you and The Safer Stay agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 23, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

23.5 Exceptions to Arbitration Agreement.

You and The Safer Stay each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in state or federal court in Los Angeles, California, unless we both agree to some other location: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g. imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the The Safer Stay Platform or Host Services. You and The Safer Stay agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

23.6 Arbitration Rules and Governing Law. 

This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules”) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and The Safer Stay shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or The Safer Stay may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.

23.7 Modification of Arbitration Rules – Arbitration Hearing/Location.

In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 USD shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 USD shall be conducted in Los Angeles County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 USD or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

23.8 Modification of AAA Rules – Arbitration Fees and Costs. 

Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide The Safer Stay with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, The Safer Stay will pay your share of any arbitrator fees.

23.9 Modification of Arbitration Rules – Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement.

Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.

23.10 Arbitrator’s Decision. 

The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

23.11 Jury Trial Waiver.

You and The Safer Stay acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

23.12 No Class Actions or Representative Proceedings.

You and The Safer Stay acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

23.13 Mass Action Waiver. 

You and The Safer Stay acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and The Safer Stay agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 22 and 23.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or The Safer Stay from participating in a mass settlement of claims.

23.14 Modification of Arbitration Rules – Mass Action Batching Requirements.

If for any reason, notwithstanding Section 23.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 21 and 23.12 of these Terms. 

23.15 Modifications of Arbitration Rules – Offers of Judgment.

At least ten (10) days before the date set for the arbitration hearing, you or The Safer Stay may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer. 

23.16 Severability.

Except as provided in Section 23.12, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

23.17 Amendment to Agreement to Arbitrate.

If The Safer Stay amends this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your The Safer Stay username, the email address you used to set up your The Safer Stay account, your signature, and an unequivocal statement that you want to opt out of the amended Section 23. You must either mail your notice to this address email the opt-out notice to Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and The Safer Stay (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and The Safer Stay.

23.18 Survival.

Except as provided in Section 23.16, and subject to Section 12.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the The Safer Stay Platform or terminate your The Safer Stay Account.

Additional Terms for Experience Hosts

Nothing in this Additional Terms for Experience Hosts section (“Experience Host Terms”) should be interpreted to amend or contradict the Terms unless explicitly stated. If there is a conflict between the Terms and the Experience Host Terms with respect to an Experience, the Experience Host Terms control.

24. Experience Host Terms

24.1 Listing an Experience. 

To list an Experience, you must create a Listing and submit the Experience to The Safer Stay. Experiences must at all times meet the standards and requirements for Experiences. When listing an Experience you must, where applicable, fully educate and inform Guests about (i) any risks inherent or incidental to the Experience, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, and (iii) anything else they may need to know to safely participate in the Experience (including dress codes, equipment, special certifications or licenses, etc.). The Safer Stay reserves the right to decide, in its sole discretion, whether a submitted Experience will be published on or remains on the The Safer Stay Platform.

24.2 Hosting The Safer Stay Guests.

Once your Experience is published on the The Safer Stay Platform, you will have the ability to add dates and times when you offer your Experience through the The Safer Stay Platform (an “Instance”). By making an Instance of your Experience available on the The Safer Stay Platform, you agree that only people who book through The Safer Stay can attend that Instance of the Experience. You further agree that you will not allow people to attend any Instance of your Experience available on the The Safer Stay Platform unless that person booked through The Safer Stay (or was added as an additional Guest for a spot booked through the The Safer Stay Platform).

24.3 Social Impact Experiences.

If you wish to provide an Experience that benefits a social impact organization (a “Social Impact Experience”), you and the benefitting organization must comply with the Social Impact Experience eligibility requirements. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of the benefitting organization and (ii) acknowledge and agree that all payouts will be directed to an account owned by the benefitting organization unless the benefitting organization has obtained authorization from The Safer Stay as outlined in the Social Impact Experience eligibility requirements. You and the benefitting organization acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with The Safer Stay, and The Safer Stay is not a professional fundraiser or commercial participator. If the benefitting organization is a nonprofit, the nonprofit, and not The Safer Stay, is responsible for determining what, if any, portion of its Total Price is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and the benefitting organization are solely responsible for complying with all laws that apply to the organization and your Social Impact Experience.

24.4 Equipment. 

You are responsible for providing all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Experience. You are solely responsible for ensuring that the Equipment used in your Experience is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.

24.5 Additional Experience Host Responsibilities.

You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience; and (iii) ensuring that your Listing and/or Hosting of an Experience will not breach any agreement you may have with any third party. You can find additional information about some of the legal obligations that may apply to you on our Responsible Hosting pages.

24.6 Hosting as a Team or Organization.

You must provide your Experience in person and may not allow any third party to provide the Experience on your behalf, unless authorized by The Safer Stay. Any member of a team, business, or organization that interacts with Guests must be added to an Experience via the method designated by the The Safer Stay Platform. See Section 5.5 for information about hosting as part of a team, business or organization as well as the Listing Management Terms of Service, which are incorporated herein.

24.7 Insurance. 

We may require that you obtain your own insurance in order to publish an Experience on the The Safer Stay Platform. We will provide you with reasonable notice of any changes to insurance requirements that apply to your Experience. In such cases, you agree to obtain and maintain insurance for you, the members of your team or organization, and/or your Experience with the coverage and in the amounts determined by us in our sole discretion for any and all activities that take place on your Experience. You agree to cooperate with The Safer Stay to verify such insurance coverage. In the event that The Safer Stay has obtained its own liability insurance that covers your Experiences, your insurance will be the primary source of coverage and The Safer Stay’s insurance will operate as excess or secondary insurance for any amounts exceeding your coverage. Our procurement of such secondary insurance coverage does not relieve you of your obligation to obtain insurance in amounts required by us.