Booking Terms

In addition to the Terms of Use, Guests (as defined in the Terms of Use (“Guests” “You”) making bookings with Hosts (as defined in the Terms of Use (“Hosts” “You”) via HouseTrip.com website (hereinafter referred to as the “Site”), which is owned by HouseTrip S.A. (Switzerland) and is operated by HouseTrip Limited (a subsidiary of HouseTrip S.A.) (“HouseTrip”, “Us” or “We”), are required to acknowledge and accept these booking terms (“Terms”). Hosts are also required to acknowledge and accept these Terms. Guests and Hosts are advised to carefully read these Terms and any booking confirmation forwarded to Guests in respect of the Host’s acceptance of a Guest’s booking request, which also refer to these Terms.

1. Acceptance of Terms

1.1 By accessing our Site and/or using our Service as a potential Guest or Host, You agree to be bound by these Terms, which You acknowledge to have read and understood.

1.2 We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes.

1.3 By using this Site, You agree that the posting of new or revised Terms on the Site shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes.

If there is an inconsistency between any of the provisions of this English language version and a translated version, the provisions of this English language version shall prevail. Any translated versions of these Terms and the Terms of Use shall be for convenience only.

2. Our role

2.1 You understand and agree that you are bound by the Terms of Use concerning Your use of the Site and/or Service (as those terms are defined in the Terms of Use). Guests and Hosts are advised to read carefully the Terms of Use For the purposes of these Terms, we refer you in particular to Sections 7 (Terms particular to Hosts) and 8 (Terms particular to Guests) of the Terms of Use which You are required to acknowledge and accept. In addition, as further stated in Section 2 of the Terms of Use and in the next paragraphs below, please note that the Site is merely a platform that enables Hosts to create listings of their properties available for rental transactions and for Users to find out about such listed properties and for Guests and Hosts to connect and conclude rental transactions, and consequently HouseTrip is not itself a party to any rental transaction and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law.

2.2 You acknowledge and accept that We do not consider that we act as a travel agent generally in relation to the provision of our Service or in respect of Your actual rental transactions concluded with Hosts as We are not a party to such actual rental transactions and We do not buy-in, re-sell or provide accommodation or other travel services in our own name as mentioned further below and in Section 2 of the Terms of Use. However, if, as a matter of law or in the opinion of any tax or other authority in any jurisdiction HouseTrip is or could be considered a travel agent in any jurisdiction in respect of taking part in, or providing a Service consisting of the intermediation in, the provision of accommodation by Hosts to Guests pursuant to a booking on our Site, You acknowledge and accept that in those circumstances and for the purposes of these Terms and rental transactions concluded between Guests and Hosts, HouseTrip: (i) acts as the Host’s disclosed agent or intermediary in the name of and on behalf of Hosts who have listed their properties on our Site, and not in any way in its own name, and such services supplied, acting in that capacity, in taking part in, or consisting of the intermediation in, the provision of a Host’s accommodation listed on our Site and/or in facilitating the conclusion of such rental transactions are supplied to Hosts; and (ii) that HouseTrip is not and cannot be a Host. Any necessary modifications may be made to these Terms and the Terms of Use as a consequence of this provision or part thereof applying.

2.3 As set out in the Terms of Use, HouseTrip’s role is solely to facilitate the availability of the Site and Service for Users and to provide certain services related thereto. We do not purchase, buy-in, sell, own, provide, furnish, rent, sublet, control or manage any accommodation listed on our Site by Hosts nor can We contract in our own name for the supply of any holiday rental property listed on the Site nor other properties including, but not limited to, hotel rooms, nor any related transportation or travel services. We are not in any way supplying or able to supply such accommodation or services to Guests. Our Site acts as a platform to allow registered Hosts to themselves offer for rent a specific holiday rental space to Guests. Hosts may be either owners of any such holiday rental properties listed on the Site or are persons, for example professional property managers, who are duly authorised to arrange or enter into rental transactions of such properties direct with Guests. We are therefore not a party to the actual rental transaction concluded between Hosts and Guests and are not a contracting agent or representative of any Host. Our responsibility in the provision of the Site and/or Service when such transaction is concluded shall be to forward contact details to both Hosts and Guests as referred to Section 7 of the Terms of Use. Accordingly, the legal contract for the supply of accommodation and rental transactions is between Hosts and Guests, being a licence to occupy the Host’s accommodation during the agreed period as detailed in the Host’s booking confirmation but should not be or intended to be a tenancy or lease or grant of exclusive possession of such accommodation. Rental transactions in respect thereof are only binding among Hosts and Guests, who are both solely and entirely responsible for their performance and HouseTrip disclaims all liability arising from or in connection with such transactions. If You, as a Guest, enter into a rental transaction with a Host for the booking of a property listed on the Site, You understand and agree that you will be required to agree terms with the Host and You agree to accept those terms, and any conditions, rules and restrictions associated with such property as imposed by the Host.

2.4 We assume no liability in respect of the condition of any listed property on our Site. As noted in the Terms of Use, HouseTrip does not make any recommendations or endorsements of listed properties or Users of the Site. We cannot and have no control over the conduct of Hosts, Guests and other Users of the Site and Service or the content contained in any listings on our Site or the condition or suitability of any listings and listed properties. HouseTrip cannot accept any liability arising from the listing and provision by Hosts of any accommodation or holiday rental space offered by Hosts and/or listed on our Site and/or for errors or omissions in the Host’s descriptions and any bookings will be made at a Guest’s own risk.

3. Booking

3.1 Guests can offer to make a booking through the Site by following the processes for making a booking request set out on the Site and clicking on the appropriate confirmation button or booking link (via Your Account or email). It is important that Guests check the information entered and correct any errors before making a booking request since once You click on such button or link, input errors cannot be corrected.

If at any time prior to clicking on the appropriate confirmation button or link, You (the Guest) decide that You do not wish to proceed with Your booking request, You should close the application window.

3.2 Once Your booking request has been made, We will then notify the concerned Host by email and in their Account to accept or reject the booking request. Hosts are required to either confirm or reject Your booking request within 36 hours of that request, after which the booking request shall automatically expire. If the booking request is subsequently accepted by the Host through our Site, You will receive an automated email confirming the Host’s booking confirmation and the Host’s relevant contact details, and Your relevant contact details will also be forwarded to the Host. The payment process described under Section 4 below will also apply upon receipt of a booking confirmation.

3.3 Once such contact details have been provided, all communication for example, concerning details and information about the booking and rental transaction, including, without limitation, arrival times and handling of keys, should be direct between You and the Host through our Site as facilitated by our Service where required/applicable.

3.4 You will be able to access details of Your booking confirmation through Your Account. The Site is offered in English, French, German and Spanish and the language of the Site may be changed by a Guest when using the Site to make a booking request.

3.5 Upon receipt of a booking confirmation, Guests enter into a direct contract with the concerned Host. Hosts are not obliged to make any property available until a booking confirmation has been sent by the Host via the Site to Guests and a Guest is not guaranteed a booking with a Host until payment has been made by the Guest subject to these Terms. However, upon issuing a booking confirmation, Hosts shall be responsible for providing the accommodation referred to in the booking confirmation.

3.6 If a Guest requests a booking, they will be responsible and liable to pay the relevant Host in full the rental rate due for such booking if accepted by the Host subject, in each case, to these Terms and any other terms and conditions specific to the booking as agreed between a Guest and their Host. In order to secure collection of such payment, Guests will be asked during the booking process to provide payment card information and billing address. HouseTrip will also obtain a pre-authorisation on Your payment card for the total amount of Your booking request to ensure that You have the necessary amount of funds available to cover the transaction. If Your booking request is accepted by the Host for the dates set out in Your request, the payment process described under Section 4 will apply. If a booking request is refused, expires or is cancelled, any pre-authorisation of Your payment card will be released or as applicable, shall expire after a period of up to 30 days unless you contact us to request an earlier release.

3.7 As a Guest, if You cancel Your booking, the provisions and refund levels of Section 5 below will apply. Please note that no refunds will be provided after the last deadline set out in the cancellation policy selected by the concerned Host. Furthermore, our Fees (as defined below) are non-refundable.

3.8 Any monies collected and received by HouseTrip from Guests for bookings made on the Site shall be held by HouseTrip subject to a conditional obligation to transfer or account for such monies to Hosts less our Fees.

4. Payment

4.1 Should You decide to book a stay with a Host and the rental transaction is concluded with such Host via the Site, You, as a Guest, acknowledge and agree that You shall be required to pay an amount equal to the fees displayed in the Host’s listing on our Site and confirmed in each booking confirmation as agreed with a Host. The fees displayed in a Host’s listing have three components: (1) the rental rate and any additional charges (included at the Host’s discretion) as solely determined and set by the Host (and not HouseTrip) in respect of the rental transaction, plus any applicable taxes and VAT, (“Host Fee”) –please see Section 8 below for information on any additional charges (for example, cleaning fees) that a Host may have decided to charge and collect separately from the Host Fee; (2) a service fee, chargeable and disclosed to Hosts by HouseTrip based upon a percentage (typically between 10% and 20%) of the Host Fee, in consideration of supplying our Service to Hosts to the extent that such supplies enable such Hosts to connect and conclude transactions with Guests and which shall be added by way of a mark up on top of the Host Fee; and (3) an administrative fee of 3% of the Host Fee and service fee, which fee shall be chargeable to a Guest and shall also be added to the Host Fee as payment to HouseTrip for processing Guests’ payment for bookings and various internal procedures linked to handling Guests’ forms of payment (the items at (2) and (3) collectively being HouseTrip’s “Fees”). Our Fees are non-refundable and exclusive of any applicable Taxes and VAT which may be charged in addition thereon, and shall be added to the Host Fee to calculate the total amount payable by the Guest for the stay.

4.2 HouseTrip shall collect a payment from You equal to the Host Fee and our Fees through the Site immediately when the Host accepts Your booking and a booking confirmation is sent to You by the Host which, as a Guest, You agree to pay for any booking You have requested that is so accepted by the Host. As noted above, Hosts are required to either accept or reject Your booking within 36 hours of Your booking request.

4.3 Hosts set the currency in which they require payment. For Guests’ convenience, the Site can display prices in a choice of currencies. Such converted prices are for information only and Guests payment cards will be debited in the currency set by the relevant Host and HouseTrip disclaims all or any liability in respect of any additional charges that may be charged to a Guest by his or her bank related to Our collection of the payment in the currency set by the relevant Host.

4.4 As referred to in the Terms of Use, HouseTrip shall generally initiate the payment, less our Fees, to the Host in the currency set by the Host within two Swiss business days (being days where banks are open in Switzerland) of the planned date of the Guest’s check-in at the rental property, subject to any other arrangement as may be agreed between a Host and HouseTrip. HouseTrip reserves the right to pay the Host in installments if the duration of the stay exceeds 21 days.

4.5 As a Guest, You hereby authorise and agree that HouseTrip shall debit (whether directly or indirectly via a third party payment processor, subject to that third party’s terms and conditions) Your payment card of the amount of the Host Fee plus our Fees upon confirmation of Your booking by the Host. You also agree to pay any other charges agreed with the Host before the booking confirmation that weren’t included in the payment when You arrive at the property or as otherwise agreed with the Host. You will receive a further notification email for receipt of the payment.

4.6 The payment shall be taken by a debit of the Host Fee plus our Fees from one of the acceptable payment methods listed on the Site, which may include debit and credit card (Eurocard/MasterCard, Visa, American Express or Diners Card) and such payment shall be taken in the currency set by the Host. Payments by cash or cheque are not accepted, and accordingly HouseTrip cannot be held liable for any loss of cash or cheques. You will also be asked to provide customary billing information such as name, billing address and payment information. As a Guest, You agree to pay all fees and charges contained in the Host’s booking confirmation as accessed through Your Account, irrespective of whether the Service was accessed by You or by a third party using Your Account. It is Your responsibility to take all measures that are necessary to ensure that Your password remains secret and to prevent the use or misuse of such password by any unauthorised person. You shall notify HouseTrip promptly if You discover or suspect that Your password has become accessible to or has been misused by any unauthorised third party, so that We can block Your account.

4.7 In some circumstances, and in addition to the billing and payment information You provide under paragraph 4.6 above, We or the Host may require You to produce some proof of Your identity. This can be requested at the time of booking, during payment processing or at any other time thereafter (including after You have started Your stay). We reserve the right to cancel Your booking if You do not provide such proof of identity when requested.

5. Changes and cancellations by Guests

5.1 If Guests want to change their booking, such Guests will need to contact and communicate with their Host directly on such changes. Guests should note however that as they have previously agreed and accepted terms with the Host in respect of the booking, the Host is entitled to, and may therefore, charge Guests additional charges for such changes.

5.2 Guests can cancel their booking at anytime subject to and in accordance with the cancellation policy selected by the concerned Host and payments due under such policy in the event of a cancellation will be deducted from any refund to Guests and remitted by us to Hosts (We will retain our Fees, which are non-refundable). To cancel a booking, Guests should contact HouseTrip.

5.3 Cancellation policies protect both Hosts and Guests in the event of cancellations. There are currently four cancellation policies that a Host can choose from (see below) and the Host’s selected policy will be displayed in the booking summary page and the booking confirmation email. Guests are advised to carefully read these Terms, the booking summary page and the booking confirmation, particularly in relation to the cancellation policy selected by the Host:

Relaxed:

  • Bookings cancelled up to 2 weeks before the start of the stay will receive a 85% refund (after our Fees have been deducted)
  • Bookings cancelled up to 1 week before the start of the stay will receive a 42.5% refund (after our Fees have been deducted)
  • Cancellations must be made by 12 midday CET (Central European Time) on the appropriate day

Moderate:

  • Bookings cancelled up to 1 month before the start of the stay will receive a 85% refund (after our Fees have been deducted)
  • Bookings cancelled up to 2 weeks before the start of the stay will receive a 42.5% refund (after our Fees have been deducted)
  • Cancellations must be made by 12 midday CET (Central European Time) on the appropriate day

Firm:

  • Bookings cancelled up to 2 months before the start of the stay will receive a 85% refund (after our Fees have been deducted)
  • Bookings cancelled up to 1 month before the start of the stay will receive a 42.5% refund (after our Fees have been deducted)
  • Cancellations must be made by 12 midday CET (Central European Time) on the appropriate day

Strict:

  • Bookings cancelled up to 2 months before the start of the stay will receive a 42.5% refund (after our Fees have been deducted)
  • Cancellations must be made by 12 midday CET (Central European Time) on the appropriate day
6. Cancellations by Hosts

6.1 Hosts should not cancel bookings as Hosts enter into a binding contract with Guests to supply the requested accommodation when they confirm a booking. If a Host has no choice but to cancel, they must contact HouseTrip as soon as possible and the Host Cancellation Policy will apply. Hosts should ensure they are familiar with the Host Cancellation Policy as it will apply to all and any cancellation initiated by the Host and carries consequences for the Host and their listings and accounts.

6.2 We will assist the Guest by attempting to arrange suitable alternative accommodation including, for example, by putting the Guest in contact with another Host and/or by providing details of alternative listings, but in each and every case, We make no undertaking and shall not be under any obligation in such respect. As a Guest, You acknowledge and agree that your payment (or applicable part thereof) shall be applied in relation to any confirmed alternative booking request/accommodation, in accordance with these Terms. In the event no such alternative accommodation is or can be located and/or You do not accept the suitable alternative listed property offered by the Host or by a new Host, Your payment will be refunded to You but no further payments or refunds will be made.

7. Cancellations by HouseTrip

A stated in clause 4.7 above and clause 7.14 of the Terms of Use, We reserve the right to cancel any booking at any time for security, fraud-protection purposes, pursuant to the Host Cancellation Policy, or any other reasonable purpose. In such cases the cancellation policies will not apply, hosts will receive no payment for the cancelled booking and where appropriate, a full refund will be made to the card used for the booking.

8. Additional fees

The Host may impose additional charges such as a refundable breakage deposit, cleaning fees, late check-out fees, etc. that Guests must pay but that are not included or factored in the Host Fee. To be valid, such additional charges must be expressly stated in the relevant listing at the time of booking by the Guest (as evidenced by HouseTrip’s systems). Guests must pay such charges directly to the Host as agreed between Guests and Hosts (for example, upon arrival or check-out – see our FAQs for more details). As noted in the Terms of Use, HouseTrip is not responsible for administering any requests or claims related to or arising from such additional charges or payments, and HouseTrip disclaims any liability in this respect.

9. Complaints and Our Responsibility and Liability to You

For Users based in Germany and Austria the following limitation of liability set out in Section 8(i) shall apply:

(i) For slightly negligent breach of material contractual obligations - or “cardinal obligations”

HouseTrip’s liability shall be limited in the amount to the damage typically foreseeable at the time of the conclusion of the contract. Material contractual obligations (or “cardinal obligations”) are those obligations which put the User into exactly this legal position to which he shall be entitled pursuant to contents and purpose of the contractual terms as well as such obligations, whose performance only will make possible proper performance of the contract and on whose full compliance the User regularly relies and is entitled to rely.

HouseTrip accepts no liability for the slightly negligent breach of obligations other than those listed above.

Otherwise the User’s statutory claims for damages remain unaffected unless they are limited by a contractual provision individually agreed by the parties.

The aforesaid limitation of liability shall not apply in cases of mandatory statutory liability (in particular under the terms of the Product Liability Act (Produkthaftungsgesetz)), malicious concealment of a defect, on assumption of a guarantee or culpable personal injury by HouseTrip.

The User undertakes to take appropriate steps to prevent and mitigate damage.

For Users based in countries other than Germany and Austria the following limitation of liability set out in Section 8(ii) shall apply:

(ii) Our Liability to Guests

If You have a problem during your stay, please inform the Host immediately. Since Your booking is a contract direct between You and the Host, the Host will have sole discretion in deciding how to deal with Your complaint. As a Guest, You will also be asked and entitled to leave a review about the listed property on our Site. You will however be solely responsible to resolve any dispute arising out of or related to the stay directly with the Host. Any refunds beyond the cancellation policies set out in Section 5 above will be at the Host’s discretion.

We only accept responsibility for any injury, illness or death, if caused by our own negligence and liability in respect of statutory rights that You may have against Us as a consumer that cannot be excluded or limited by law. Any claims arising out of Your stay in a Host’s accommodation must be brought against the Host.

To the fullest extent permitted by law, We exclude all representations and warranties relating to the rental property that is the subject of Your booking with a Host.

Our Liability to Hosts

We only accept responsibility for any injury, illness or death, if caused by our own negligence and liability in respect of statutory rights that You may have against Us and that cannot be excluded or limited by law. Any claims arising out of the Guest staying in Your property must be made against the Guest.

Exclusions and limitations

We cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government. We reserve the right to cancel any booking affected by such circumstances.

Our aggregate liability to Guests and Hosts under or in relation to these Terms and/or any bookings made through the Site is limited to a maximum of three times the value of the booking in question. This limit does not apply to cases involving death or personal injury caused by our negligence.

To the extent permitted by law, We hereby exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect or consequential loss or damage incurred by any Host or Guest in connection with any booking including loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.

10. Minimum Quality Standards and Guests Refund Policy

The HouseTrip Guest Refund Policy forms part of these Terms and should be read carefully.

11. Behaviour of Guests

11.1 As a Guest, You accept responsibility for the proper conduct of all members of Your party during Your stay at a Host’s listed property. We shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) that You may incur as a result of Your stay being terminated early by the Host because of Your behaviour or the behaviour of members of Your party.

11.2 If You cause damage to a Host’s accommodation in which You are staying, You must fully reimburse the Host concerned for the cost of the damage. You must also indemnify Us for the full amount of any claim made against Us by the Host or any third party as a result.

12. Invalidity

If any provision or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part-provision had never been agreed.

13. Assignment

You may not transfer any of Your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without Your prior written consent.

14. Applicable Law and Jurisdiction

14.1 These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims) shall be interpreted in accordance with and governed by the laws of England and Wales to the extent that such law is not overridden by applicable mandatory law, for example local consumer protection laws applying to You.

14.2 Any claim or dispute arising out of or in connection with these Terms (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts. If You are a consumer, You may elect to bring a claim in the court of another country instead.

15. Questions

If you have any questions about these Terms, please contact HouseTrip.

Last update: 29 January 2014. To view previous versions, click here.

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