LEGAL INFORMATION

Customer Website Agreement

Last Date Updated:  August 16, 2016

 

Please read these terms of service carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.

In particular, Suppliers should understand how the laws work in their respective cities. Some cities have laws that restrict their ability to host paying guests for short periods. These laws are often part of a city’s zoning or administrative codes. In many cities, Suppliers must register, get a permit, or obtain a license before listing a property or accepting guests. Certain types of short-term bookings may be prohibited altogether. Local governments vary greatly in how they enforce these laws. Penalties may include fines or other enforcement. Suppliers should review local laws before listing a space on Lodgable.

 

1. Definitions

a) The term “we”, “us” or “our”shall refer to Lodgable, LLC. and all its affiliates and subsidiaries.

b) The term “Services” refers to all services provided by Lodgable including but not limited to creating, maintaining and Supplying a website, receiving booking information via our Booking System, managing reservations and responding to Supplier clients via our Reservation System and managing content on third party channels via our Channel Manager.

c) The term “Supplier” shall refer to the User who registers for an account on Lodgable.com in order to access and use the Services or who maintains a Supplier account on Lodgable.com regardless of whether he/she is using our Services, any staff or contractor employed by User, property owners with properties managed by User, vendors with which User has a formalized business arrangement, or any other persons who visits the Site or uses the System and includes a Supplier and its employees and agents.

d) “Guest” means a USER who requests from a Supplier a booking of an Accommodation via the Supplier’s Property Website or the Services, System or Services, or a USER who stays at an Accommodation and is not the Supplier for such Accommodation.

e) “Guest Information” shall include, but shall not be limited to, all information that identifies a consumer and information from which a guest’s identity can be ascertained, either from the information itself or by combining the information with information from other sources. The Supplier acknowledge that the privacy and security of Guest Information may be regulated by various  federal and state laws and regulations. Supplier represent and warrant that: (a) they shall comply with any applicable laws and regulations regarding the privacy and security of Guest Information; (b) they shall maintain the confidentiality of Guest Information; (c) they shall not use Guest Information except as necessary to fulfill their obligations under this Agreement; (d) they shall not disclose Guest Information to third parties except at the specific written direction of the disclosing party; (e) they shall maintain adequate physical, technical and administrative safeguards to protect Guest Information from unauthorized access; and (f) they shall immediately notify the disclosing party of any actual or suspected breach of the confidentiality of Guest Information.  Supplier agrees they shall indemnify, defend, and hold the Lodgable harmless from and against any loss, claim, or liability Supplier may suffer as a result of a breach of these representations and warranties regarding Guest Information. In the event of a breach, Guest agrees to hold Lodgable harmless and to seek remedies from the Supplier.  

f) The term “Property Website” refers to the website that is created by the Supplier using our Services.

g) “Listing” means an Accommodation that is listed by a Supplier as available for rental via the Property Website, System, and Services.

h) The term “Property” refers to any form of accommodation, building, apartment, room, apartment blocks, houses or any other dwellings or rental space that is displayed by the Supplier on the Property Website offered for rent.

i) The term “Content” means text, graphics, images, music, software, audio, video, information or any other form of data. h) The term “Property Content” refers to Content provided by the Supplier as part of him/her using the Services including but not limited to Property information on Property Websites about amenities, property location, suitability, pricing or availability.

j) The Term “Lodgable Content” means Content that Lodgable makes available through Lodgable.com or the Services, including any Content licensed from a third party, but excluding Property Content.

k) The term “applicable law” means the law at the time being in force in Salt Lake County, Utah, United States of America.

l) The term “User” refers to any person, whether an individual or a legal entity, Supplier or Guest, accessing and using Lodgable.com or a Property Website.

m) "System" means the Site and all mobile Systems and other Systems which provide access to the Services offered by Lodgable and its affiliates from time to time.

n) "Site" means this website, all related web pages, and all related websites operated by affiliates or divisions of Lodgable, but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the Services.

o) “Collective Content” means User Content and Lodgable Content.  

 

2. ACCEPTANCE OF TERMS

2.1 The access to and use of Lodgable.com, the Property Website,  and the Services is subject to this Property Website Agreement and collectively all of the Lodgable Terms. By using Lodgable.com and the Services the User is fully accepting the terms, conditions and disclaimers contained in this notice. If the User does not accept these Terms he/she must immediately stop using Lodgable.com, the Property Website, and the Services.

3. LIMITATION OF BUSINESS ACTIVITY

3.1 We do not own or manage Properties on Property Websites and we do not act as real estate agents or travel agents. We are a neutral venue that allows Suppliers to display their Properties on a Property Website by using a premade template created by Lodgable or a customized Lodgable template by the Supplier. We are also a neutral venue to help facilitate bookings on third party travel network sites. We do not take part in or responsibility for any rental transactions, booking arrangements, or any property management issues. We are not a party in any rental contract.

3.2 We have not confirmed the accuracy and currency of Property Content and we do not warrant that the Property Content is accurate and current. The Property Content is provided and maintained directly by the Supplier and he/she takes sole responsibility for the accuracy and currency of it. We are in no way liable for loss or damage incurred as a result of any inaccuracies or misleading statements made in the Property Content. The display of a Property on Property Websites does not constitute an endorsement or recommendation from us. We cannot guarantee nor be responsible for the condition of the Properties displayed on Property Websites, the right of Suppliers to offer a Property for rent or the ability of other users to pay for any rental. Lodgable will have no liability or responsibility with respect to User interactions with any other User, including any personal injury or damage that occurs at a Property advertised through the Services.

3.3 Lodgable makes available an online platform or marketplace with related technology for Guests and Suppliers to meet online and arrange for bookings of Accommodations directly with each other. Lodgable is not an owner, operator, or provider of properties. Nor does Lodgable own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. This includes, but not limited to, hotel rooms, motel rooms, resorts, vacation rentals, other lodging accommodations, transportation, or other travel services. Lodgable’s responsibilities are limited to: (a) facilitating the availability of the Site, System and Services and (b) serving as the limited payment collection agent of each Supplier for the purpose of accepting payments from Guests on behalf of the Supplier. In all payment transactions, the Supplier, not Lodgable, is the Merchant of Record and the Supplier is responsible for including but not limited to all fees charged, adjustments, refunds, errors, and chargebacks made on the platform.

3.4 PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, SYSTEM, AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SupplierS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. LODGABLE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. LODGABLE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.

 

4. Use of the Services

4.1 The Supplier agrees to access and use the Services only to advertise Properties for rent and allow Guest’s to book their properties. Any other use of the Services is expressly prohibited. The Supplier agrees not to use Lodgable.com and the Services for any purpose that is unlawful or prohibited by these Terms.

4.2 The Supplier is required to register and create a Supplier Account with us in order to access and use the Services. If the Supplier chooses to register for the Service, the Supplier agrees to provide and maintain true, accurate, current and complete information about himself/herself.

4.3 The Supplier agrees to provide Content about real Properties. It is the sole responsibility of the Supplier to ensure that the Property Content is complete, accurate, current, legal and decent reflecting the true state and features of the displayed Property. The Supplier acknowledges that he/she owns the displayed Property or has the legal right to display the Property and Property Content on the Property Websites.

4.4 The Supplier represents and warrants that he/she owns the copyright of the Property Content or that he/she has been authorized by the owner of the copyright of the Property Content to grant us permission to use the Property Content. The Supplier irrevocably and unconditionally indemnifies us immediately on demand against any cost, loss or liability which we may cause by reason of any breach of copyright arising from its use of the Property Content.

4.5 The Supplier is responsible for ensuring that his/her Property Website complies to local law.

4.6 The Supplier agrees that Lodgable shall not take any responsibility for comments and reviews posted on the Supplier Websites by Users or imported from third parties sources and we shall not be liable to the Supplier should the review turn out to be injurious to the Supplier, or give rise to any claim, or cause loss or damage to the Supplier.

4.7 Other Users will be able to book a Supplier’s Accommodation via the Site, System, and Services based upon the information provided in the Supplier’s Listing. Supplier understands and agrees that once a Guest requests a booking of a Supplier’s Accommodation, the Supplier may not request the Guest to pay a higher price than in the booking request.

4.8 The Supplier acknowledges and agrees that the Supplier is responsible for any and all Listings they post. Accordingly, Suppliers represent and warrant that any Listing they post and the booking of, or a Guest's stay at, an Accommodation in a Listing posted by the Supplier (a) will not breach any agreements the Supplier has entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (b) will be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing posted by the Supplier (including having all required permits, licenses and registrations), and (c) not conflict with the rights of third parties. Please note that Lodgable assumes no responsibility for a Supplier’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Lodgable reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Lodgable, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Lodgable’s then-current Policies, or otherwise harmful to the Site, System or Services.

4.9 If you are a Supplier, you understand and agree that Lodgable does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Lodgable is not a party thereto. Notwithstanding the foregoing, Lodgable Payments Services (“LPS”) serves as the limited authorized payment collection agent of the Supplier for the purpose of accepting, on behalf of the Supplier, payments from Guests of such amounts stipulated by the Supplier (including cleaning or other fees and/or Taxes).

4.10 When you create a Listing, you may also choose to include certain requirements which must be met by the Users who are eligible to request a booking of your Accommodation in order to book your Accommodation by means of including a rental agreement. Any User wishing to book Accommodations included in Listings with such requirements must meet these requirements.

4.11 If you are a Supplier, Lodgable may make certain tools available to you to help you to make informed decisions about which Guests you choose to confirm a booking with for your Accommodation. You acknowledge and agree that, as a Supplier, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)

4.12 Lodgable recommends that Suppliers obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.

 

5. Appointment of Lodgable Payment Services as Limited Payment Collection Agent for Supplier

5.1 Each Supplier hereby appoints LPS as the Supplier’s limited payment collection agent solely for the purpose of accepting the Accommodation Fees and other Charges from Guests.

5.2 Each Supplier agrees that payment made by a Guest through Lodgable Payment Services (“LPS”), shall be considered the same as a payment made directly to the Supplier, and the Supplier will make the Accommodation available to the Guest in the agreed-upon manner as if the Supplier has received the Accommodation Fees. Each Supplier agrees that Lodgable may, in accordance with the cancellation policy selected by the Supplier and reflected in the relevant Listing, (a) permit the Guest to cancel the booking and (b) refund (via LPS) to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Supplier understands that as LPS accepts payments from Guests as the Supplier’s limited payment collection agent and that LPS’s obligation to pay the Supplier is subject to and conditional upon successful receipt of the associated payments from Guests. Lodgable does not guarantee payments to Suppliers for amounts that have not been successfully received by LPS from Guests. In accepting appointment as the limited authorized agent of the Supplier, LPS assumes no liability for any acts or omissions of the Supplier.

5.3 Please note that Lodgable does not currently charge fees for the creation of Listings. However, you as a Supplier acknowledge and agree that Lodgable reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Lodgable may or may not provide a notice of any Listing fee collection via the Site, System, and Services, prior to implementing such a Listing fee feature. By continuing to use the services, you are indicating by using the Site or Services that you agree to be bound by the modified Terms.

 

6. Bookings and Financial Terms for Guests

6.1 The Suppliers, not Lodgable, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, System and Services. If you, as a Guest, choose to enter into a transaction with a Supplier for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Supplier and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Supplier. You as a Guest acknowledge and agree that you, and not Lodgable, will be responsible for performing the obligations of any such agreements, that Lodgable is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Lodgable disclaims all liability arising from or related to any such agreements. You as a Guest acknowledge and agree that, notwithstanding the fact that Lodgable is not a party to the agreement between you and the Supplier, LPS acts as the Supplier’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Supplier. Upon your payment of the Total Fees to LPS, your payment obligation as a Guest to the Supplier for the Accommodation Fees is extinguished unless you make additional reservation modifications directly with the Supplier. LPS is responsible for remitting the Accommodation Fees,  in the manner described in these Property Website Terms and other Terms. In the event that LPS does not remit any such amounts as described in these Terms, such Supplier will have recourse only against such Lodgable entity.

6.2 On the Property Website, Lodgable may display the accommodation rates, fees, or taxes as an average nightly amount or a combined amount for the purpose of displaying and simplifying charges to a Guest during the booking process. This however does not change the actual prices that a Supplier charges nor does it eliminate any fees that they would normally charge. When calculating the Taxes and Fees per night (“Average Fees”), Lodgable may calculate a sum of all of the combined fees and taxes a Supplier charges for the specific property that is being booked by the Guest and divide the fees by the number of nights a guest is staying. For example, if a Supplier charges $100 for a cleaning fee, $50 for a pet fee, $25 for Lodging, and the guest is staying for 7 nights, the Average Fees would total $25 per night. When calculating the average nightly accommodation booking rate for the property (“Average Nightly Rate”), Lodgable calculates a sum of all of the combined nightly rates based on the pricing provided by the Supplier and then divides it by the number of nights a guest is staying. For example, if the guest was staying for three nights and night one cost $100, night two cost $115, and night three cost $120, the Average Nightly Rate would total $111.67 per night. The Average Nightly Rate or Average Fees may be used to calculate the Total Fees payable by the Guest.

6.3 The Total Fees payable will be displayed to a Guest before the Guest enters into a booking with  Supplier. The Supplier agrees to honor all online booking made via the Property Website. For all inquiries made by a guest, the booking is not considered official until a payment has been accepted on behalf of the Supplier by means of charging a Guest’s credit card, transfers money by means of an echeck, ACH, EFT, or other electronic funds transfer. An inquiry is used mainly to ask questions about a property or help facilitate a manual booking facilitated by the Supplier. In the event that an unanswered inquiry by the Supplier causes damages or disrupts travel plans, the Guest agrees to hold Lodgable harmless and to seek relief from the Supplier.

6.4 You as a Guest agree to pay Lodgable for the Total Fees for any booking requested in connection with a completed booking or booking pending. In order to establish a booking pending the applicable Supplier’s confirmation of your requested booking, you understand and agree that LPS, on behalf of the Supplier, reserve the right, in its sole discretion, to (a) obtain a pre-authorization via your credit card for the Total Fees or (b) charge your credit card a nominal amount, or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Once Lodgable receives confirmation of your booking from the applicable Supplier, LPS will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Lodgable cannot control any fees that may be charged to a Guest by his or her bank related to Lodgable’s collection of the Total Fees, and Lodgable disclaims all liability in this regard.

6.5 In connection with your requested or confirmed booking, you as a Guest will be asked to provide customary billing information such as name, billing address and credit card information either to Lodgable Payments or its third-party payment processor(s). You as a Guest agree to pay Lodgable for any confirmed bookings made in connection with your booking in accordance with these Terms by one of the methods described on the Site or System, e.g. by credit card, echeck, ACH, EFT, Paypal, or any other acceptable form of electronic fund transfers (“Payment Method”). You as a Guest hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the booking, either directly by LPS or indirectly, via a third-party online payment processor or by one of the Payment Methods described on the Site or System. You as a Guest also authorize LPS to charge your Payment Method in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for Security Deposits, if applicable. If you are directed to LPS third-party payment processor(s), you may be subject to Terms governing use of that third party’s service and that third party’s personal information collection practices. Please review such Terms and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking. The exact address of the property will not be shown to you until after the payment has been made for the booking.

6.6 When a Guest checks into a property or receives a welcome email from the Supplier, they may receive a digital or printed copy of their complete guest folio (“Guest Receipt”) that describes each fee, tax, or nightly accommodation charge in detail. While the Guest Receipt may be more detailed, the Total Fees paid by the Guest will remain the same unless the guest made additional transaction before, during, or after checking into the property. The Guest agrees to pay all additional fees when the Guest or a party of the Guest asks a Supplier to change or alter their booking in any way.

 

7. Damage to Accommodations

7.1 As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Supplier claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items to the Supplier.

 

8. Security Deposits

8.1 Suppliers may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of an Accommodation, LPS, in its capacity as the payment collection agent of the Supplier, will use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Supplier determines for the Security Deposit within a reasonable time at the Guest’s check-in at the applicable Supplier’s Accommodation.

8.2 If the Supplier does not require a credit card for the guest’s payment, Lodgable may be unable to collect or recover a Security Deposit claim on behalf of the the Supplier. It is the Supplier’s responsibility to require the Guest to pay using a credit card to provide more security for the Supplier to collect a Security Deposit should a claim arise. Lodgable is not responsible for any claims by the Supplier related to Security Deposits, nor any losses, and disclaims any and all liability in this regard to the Guest or Supplier.

8.3 Lodgable only acts as a platform to aid Suppliers in claiming a Security Deposit if the Supplier claims that property damages, vandalism, theft, or any other type of damages occurred. Lodgable is not an agent or advocate of any security deposit claim by the Supplier. Any requests by the Supplier on claims related to Security Deposits is strictly between the Supplier and Guest.

8.4 If a Guest feels that a Supplier has taken advantage of them, falsely, or wrongfully claimed a security deposit, the Guest’s only recourse is to seek relief from the Supplier by legal or other means. The Guest and Supplier agree to hold Lodgable harmless, free of all and any liability.

 

9. Guest Booking Fees

9.1 In consideration for the use of Lodgable’s online marketplace and platform or Property Websites, Lodgable may charge fees to the Supplier or Guest and reserves the right to do so. Lodgable also reserves the right to charge hosting or administrative fees to the Supplier if necessary. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Supplier Fees and Guest Fees. LPS reserves the right to deduct the Supplier Fees from the Accommodation Fees before remitting the balance to the Supplier. Guest Fees will be included as a part of the Total Fees at the time of checkout if LPS charges a Guest Booking Fee.

9.2 Balances will be remitted by LPS to Suppliers via check, direct deposit or other payment methods. Amounts may be rounded up or down as described the “Rounding Off” section below.

9.3 Please note that LPS, may impose or deduct foreign currency processing costs on or from any payments or payouts by Lodgable in currencies other than U.S. dollars. Booking Fees are non-refundable.

 

10. Cancellations and Refunds

10.1 If, as a Guest, you wish to cancel a confirmed booking made via the Site, System and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Supplier contained in the applicable Listing will apply to such cancellation. Lodgable’s ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and System. Cancellation fees are specific to each Supplier. All Guest Booking Fees are non-refundable regardless of the cancellation policy selected by the Supplier.

10.2 If a Supplier cancels a confirmed booking made via the Property Website, Services, or System, the Supplier agrees to be bound by the Terms they agreed to in the Lodgable Supply Partner Agreement.

10.3 If, as a Supplier, you cancel a confirmed booking, Lodgable may apply penalties or consequences to you or your Listing, including (a) publishing an automated review on your Listing indicating that a reservation was cancelled, (b) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (c) imposing a cancellation fee (to be withheld from your future payouts).

 

11. Recurring Payments

11.1 In some instances, Guests may be required to make recurring or incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). If Recurring Payments apply to a confirmed booking, then the Guest authorizes LPS, on behalf of the Supplier, to collect the Total Fees and the Supplier agrees that such Lodgable entity will initiate payouts to the Supplier, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, System and Services.

 

12. Rounding Off

12.1 Lodgable may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Suppliers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Lodgable may round up an amount of $55.50 to $56, and $55.49 to $55.

12.2 Some currencies are denominated in large numbers. In those cases, Lodgable may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Lodgable to round up an amount of 1,035 up to 1,040 and 1,034 down to 1,030, or 20,350 up to 20,400 and 20,349 down to 20,300, or 137,500 up to 138,000 and 137,499 down to 137,000.

 

13. Foreign Currency

13.1 Lodgable’s online platform facilitates bookings between Guests and Suppliers who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Lodgable platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.

13.2 Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs $125.00 USD to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time and Lodgable will make reasonable effort to always be up to date with Currency conversions. While Lodgable may show or calculate rates in Foreign Currencies, all payments will be processed in US dollars.

13.3 Lodgable will do it’s best to update the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, Lodgable does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed. As a Supplier or Guest using the platform, Property Websites, System, Site, or Services, you agree to hold Lodgable harmless and not to hold Lodgable Liable for any inaccuracies due to Currency conversions or not having the most current Base Exchange Rate.

13.4 Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Lodgable.

14. Identity Verification.

14.1 User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each Supplier’s or Guest’s purported identity. We encourage you to communicate directly with a Guest or Supplier through the tools available on the Property Website, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for Guests, of the property and relevant details of your booking or proposed booking.

14.2 EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER LODGABLE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE BY ANOTHER USER; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR Supplier ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH LODGABLE AND OTHER USERS.  Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

15. Limitations on Communications and Use of Other Users’ Information; No Spam.

15.1 You agree as a User that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or booking an online booking or charging a personal credit card). Any other purpose will require express permission from the user.  You may not use any such information for any unlawful purpose or with any unlawful intent.

15.2 In all cases, you as a Supplier must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

15.3 We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you as a Supplier are not licensed to add a Site user, even a user who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the user's express consent. You as a Supplier may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.  You as a Supplier are responsible for all content you provide to the Site or through any tool or service provided on the Site.

 

16. Prohibited Use

16.1 The User is prohibited from using or accessing Lodgable.com and the Services in a manner that unfavorably affects the performance or proper functioning of Lodgable.com and the Services, or any computer systems or networks used by Lodgable.com and the Services.

16.2 The User is prohibited to impersonate anyone, or to misrepresent or misstate facts about affiliation with any person, or to forge headers or manipulate identifiers so as to disguise the origin of the content transmitted through the Property Websites.

16.3 The User is prohibited to use, display, mirror or frame Lodgable.com, or any individual element within Lodgable.com or the Services, Lodgable’s name, any Lodgable trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

16.4 The User is prohibited to use any robot, spider, other automatic device or manual process to monitor, download, copy or keep a database copy of the Property Content and Lodgable Content.

16.5 The Supplier agrees not to post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.

17. Third Party Services and Links to Third Party Websites

17.1 Lodgable.com includes services of third parties (including but not limited to the currency conversion, automatic translation tool, the display of the listings on partner sites, the domain registration service) and links to third party websites that are controlled and maintained by others. The User agrees that we shall not be responsible for any loss or damage of any sort incurred as a result of third party services and any such third party links on Lodgable.com. In no event shall any use of third party services and links to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

 

18. Translations and Maps.

18.1 If any user contributed content created by USERs or users is translated for display on any Site or any site of any affiliate of Lodgable, we cannot guarantee the accuracy or quality of such translation and the USER or user is solely responsible for the review, verification and accuracy of such translation.  Unless we specify otherwise to the user or USER, any translation services are offered by us free of charge. Maps provided on the Site that are provided by Google are subject to the Google Maps Terms located at: http://www.google.com/intl/en_us/help/terms_maps.html.  

19. Limitations of Liability

19.1 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SYSTEM, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, SYSTEM AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF LODGABLE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LODGABLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SYSTEM, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SYSTEM, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, SYSTEM, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SYSTEM, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, SYSTEM AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LODGABLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

19.2 EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE SupplierS PURSUANT TO THESE TERMS, IN NO EVENT WILL LODGABLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, SYSTEM AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, SYSTEM AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SYSTEM, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, SYSTEM AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A Supplier, THE AMOUNTS PAID BY LODGABLE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LODGABLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

20. Indemnity

20.1 You agree to release, defend, indemnify, and hold Lodgable and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, System, Services, or Collective Content or your violation of these Terms; (b) your USER Content; (c) your (d) interaction with any USER, (e) booking of an Accommodation, or (f) creation of a Listing; (g) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation.

21. Reporting Misconduct

21.1 As long as it does not put you in harm's way, we always recommend communicating directly with the Supplier or the Supplier’s management to settle any disputes. If you stay with or Supplier anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities.

22. Security

22.1 The Supplier will be responsible for maintaining the confidentiality of his/her Supplier account and Guest Information, and as such the Supplier shall be responsible for all activities that occur under his/her password, account, or Property Website.

 

23. Changes to the Service

23.1 We may modify, replace, refuse access to, suspend or discontinue the Services and Lodgable.com, partially or entirely, at any time and in our sole discretion. We further reserve the right to withhold, remove and or discard any content available as part of the Supplier’s account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, Lodgable has no obligation to store, maintain or provide the Supplier with a copy of any content that the Supplier or User provide when using the Services.

24. Changes to the Terms & Conditions

24.1 We reserve the right to change these Terms at any time, and the User’s continued use of the Services following any changes shall be deemed to be the User’s acceptance of such change.

25. Severance

25.1 If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

26. Non-waiver

26.1 Our failure to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the rights attaching to any of them.

27. Structure

27.1 The structure, headings, numbering used in these Terms are included for convenience only and will not limit or otherwise affect the Terms herein.  

28. The Company

28.1 The website www.Lodgable.com, and the names Lodgable, Lodgable Software, Lodgable Property Management Software, Lodgable Payment Services, Lodgable Vacation Rentals and System are property of Lodgable, LLC. a company incorporated under the State of Utah.  

29. Jurisdiction

29.1 These Terms are governed by the State of Utah and Users accept the exclusive jurisdiction of the courts in Salt Lake County, Utah, United States of America to rule on any disputes.  

30. General

30.1 The failure of Lodgable to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lodgable. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Full-service distribution and channel management software for your vacation rentals and B&Bs.

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