Host / Villanium Agreement
1. Preamble
If your Accommodation is located outside of the United States, the following conditions apply. In order to list your Accommodation on the Villanium website, this agreement is entered into between you, the Villanium Host, and us, Villanium Limited, registered in Ireland in Dublin under number 745853 and with its registered office located at Pod 2, The Old Station House, 15a main street, Blackrock, Co Dublin, A94 T8P8, Ireland.
1.2. These terms define the agreement between you and us for your use of Villanium services.
1.3. It should be noted that the rights and obligations associated with each booking of your accommodation by a Guest are governed by the Guest/Host Agreement.
2. Creating your accommodation ad
2.1. We will prepare your ad, including photos and videos of both the interior and exterior of your accommodation. You agree that we may use all of this content to promote your accommodation, provided that we do not include any incorrect, false, or misleading information, and that we have full discretion regarding the information provided in the listing, the features of your accommodation highlighted, and the photos of your accommodation.
2.2. If the photos you have provided us with are not sufficiently representative to be featured in our Villanium accommodation catalog, we may hire a photographer and videographer to capture quality images of your accommodation. These shots may then be used for the promotion of your property.
All rights are held on the photos, videos, texts, or information that we (or our agents) have produced or developed in connection with your accommodation. Therefore, you may not use these photos (or information/texts) elsewhere without our agreement.
If we request images of your accommodation from you or use those listed on other marketing sites, we and all subsidiaries or holding companies of Villanium Limited and any subsidiary of these holding companies grant you a non-exclusive license to use these images for the purpose of advertising your accommodation, even when your accommodation is listed on Villanium.
2.3. Once we have finished designing your ad, we will send it to you. You are responsible for reviewing the content and notifying us of any erroneous or misleading statements.
2.4. You must also provide us with your prices and links (iCal) to synchronise your calendar. We will provide you with the necessary information in this regard. You must ensure that this data is accurate and up to date at all times.
Furthermore, to facilitate your payments,
As a host, in the space dedicated to you on our platform, you must specify the rules of your home. It is important to carefully study the different cancellation policy options offered on Villanium beforehand. Once done, you can select the cancellation policy or policies to apply to bookings for your accommodation in the "Host Dashboard" section.
2.5. Once you have provided this information, we will organize the publication of your ad on our website.
2.6. You must ensure that the information regarding calendar availability is kept up to date in the ad.
2.7. You agree that the responsibility for presenting your accommodation on Villanium lies exclusively with us.
2.8. You must promptly notify us of any changes made to your accommodation compared to the details provided in your listing.
2.9. We reserve the right to modify and update your ad at our discretion, provided that the information contained therein is not false, inaccurate, or misleading. We will ask you to confirm within 48 hours that the modifications are accurate and not misleading. Failure to confirm within 48 hours will be considered a statement from you that the modifications are correct and not misleading.
3. Updating and Cancelling enrolment
3.1. At any time and without prior notice, we reserve the right to remove or deactivate access to your ad for any reason - temporarily or permanently - including ad that we deem (at our sole discretion) objectionable. The removal of your listing under this paragraph will not affect our obligation to pay you any undisputed amounts we have received from guests for bookings made before the removal of the listing, if it is determined that these bookings can reasonably continue and are not canceled.
3.2. If for any reason you wish to withdraw your ad, we ask that you notify us in advance via email at [email protected] to avoid disappointing guests. You are, of course, obligated to honor all bookings already made through Villanium before your withdrawal.
3.3. Please contact us at [email protected] if you wish to withdraw your listing for any reason. Please try to notify us as soon as possible to avoid disappointment for travelers. It is imperative to honor bookings already made through Villanium before withdrawing your ad.
4. Our obligations and agreements towards you:
4.1. Once your advertisement has been published on the Villanium website, we look forward to welcoming you to the Villanium platform and we will:
4.2. We will implement methods to promote your accommodation and, at our discretion, may highlight your accommodation on websites, applications, social networks, and other relevant media, including third-party media.
5. Your obligations and agreements with us
5.1. You agree to comply with all of your obligations set forth in the Terms of Use and the Guest/Host Agreement for each reservation, and to immediately pay any reasonable fees, expenses or charges incurred as a result of your failure to comply with the Terms of Use and/or theGuest/Host Agreement.
5.2. Although our Terms of Use contain restrictions with respect to refund requests, if a Guest nevertheless makes such a request, we require you to make all reasonable efforts to assist us in defending against such request. We also require that you provide us with all information and evidence we reasonably request, and we do not accept refund fraud.
5.3. If a Guest's chargeback has been successful, except in cases of credit card fraud, we will require you to refund to us (if the chargeback has been successful) the accommodation fees, Villanium service fees and any other payments due from the Guest within 7 days of our notification. We will keep the host service fee to avoid any confusion.
5.4. You will sign up to an insurance to cover the reservation and rental of your accommodation.
5.5. In accordance with clause 2.3, you must ensure that your ad is always accurate and not misleading.
5.6. You will compensate us for damages we may incur due to complaints filed by travelers regarding falsehoods in your accommodation listing.
5.7. If, before reservation, you think that an element could be detrimental to a guest's stay (for example, nearby construction work), you must promptly notify us, as well as the guest.
5.8. You will be required to accept or decline all reservation requests received within 24 hours of the request. It is understood that if you do not respond to this request within 24 hours, we shall have the right (but not the obligation) to cancel the reservation request without prior notice.
5.9. Registering your accommodation on the Villanium platform shall not violate the laws and regulations applicable in the country, state, city, or location where your accommodation is situated, and shall also not go against applicable European laws (as defined in the Terms and conditions), including laws or regulations that limit you, as a Host, from having paying guests and/or for short periods.
5.10. As long as you do not unsubscribe, we are free to use the pictures and content of your accommodation listing across all marketing channels we use, in addition to the Villanium website.
5.11. During any rental period, you are not be allowed to enter the accommodation unless done so in accordance with the provisions of the Guest/Host Agreement.
5.12. We have permission to:
a) Facilitate arrangements between you and Guests.
b) Establish a link with the terms of the Guest/Host Agreement concerning these reservations.
c) Collect/refund payments as a collection agent, at any time, in accordance with this agreement, the agreement between the Guest and the Host, and our Terms and conditions (including any other incorporated terms, including your host's applicable cancellation policy).
5.13. You have the right, by law, to provide the Guest with a licence to occupy the Accommodation, under the terms set out in the Booking Confirmation and the agreement between the Guest and the Host.
5.14. You are responsible for obtaining all necessary additional permissions and pay any additional fees that may be due to provide the guest with a license to stay in your property.
5.15. You will provide fire, health and safety guidelines, including information about emergency exits, a first aid kit, smoke detectors, carbon monoxide detectors if necessary and information about water and gas cut-offs.
5.16. You must provide clean and hygienic accommodation, free from garbage, with clean bedding and towels and you must ensure that everything is ready before the check-in time stated in the advertisement, without any delay with the Guest.
5.17. All appliances and systems related to the accommodation, which are listed, must be fully operational, including heating and if necessary air conditioning systems.
5.18. You are responsible for providing the accommodation as advertised on Villanium and for informing us without delay if any changes are made.
5.19. You understand the circumstances in which the Guest would be entitled to a refund under the Guest Refund Policy in the Terms of Use and will use reasonable endeavours to ensure that situations to not lead to a Guest a refund claim.
5.20. You must ensure that the customer is able to arrive at the specified check-in time (or at another time that has been communicated for a later arrival).
5.21. By providing, all house rules to be included in the ad, you have also provided us with any restrictions applied on the Guest's occupancy and use of the accommodation due to third parties, such as tenancy constraints and/or building regulations.
5.22. After studying the cancellation policy options in detail and understanding their impact, you have opted for the cancellation policy to be applied to Reservations for your Accommodation.
6. Booking process
6.1. When a Guest makes a reservation for accommodation, whether it's an instant booking or a booking request, they must provide personal information, ordering requirements, and details of their payment card or another payment method. Our system then automatically generates a booking request containing the client's reservation details and asks the client to confirm their acceptance of the Guest/Host Agreement.
6.2. If you are in "instant booking," our systems will confirm that the dates requested by the guest are available on your calendar, and we will instantly send you and the Guest an automated booking confirmation. Villas with instant booking are prioritized in our search results and are featured in our email newsletters.
6.3. In instant booking, our system will confirm that the desired dates by the guest are available on your calendar and will immediately send you and the Guest an automated confirmation. You can switch to "booking request" at any time if you wish.
6.4. If you are in "booking request," our system will send you a message and ask you to confirm that you are ready to provide the requested accommodation on the corresponding dates. You must provide this
confirmation within 24 hours. Villanium monitors messages between Hosts and Guests on the platform. If deemed necessary, we can assist Host and Guest in addressing any questions that may arise. Additionally, we have the authority to review and remove messages that are deemed inappropriate.
6.5. Once the booking confirmation has been sent, it means you have accepted the guest's offer to occupy your accommodation under the conditions stated in the Booking Confirmation and the Guest/Host Agreement.
6.6. We generally require partial or full payment from Guests at the time of booking, knowing that our obligation to refund you the accommodation fees depends on the successful receipt of the corresponding amount from the Guest. However, we will inform you if payment is not made at the time of booking, which is rare.
6.7. Adjustments may be made, up or down, to the amounts paid by Guests or Hosts, to a reasonable extent, for currency conversion reasons.
6.8. You are the only responsible person paying any taxes associated with renting your accommodation on Villanium. We do not provide tax advice to Villanium hosts.
6.9. External payment services may assist us in sending you payments. These providers will be subject to the terms of use and privacy policies they provide to you.
7. Customers' duty of care
7.1 We agree that no background checks are conducted on guests (for example, their criminal record). However, we engage an external provider to carry out identity checks, conducting an investigation into the identity of the client, for most bookings.
7.2. If we provide you with a description of a guest, or general information regarding their interactions with Villanium and/or any other Host, it is for your information only and is confidential. Please do not rely on this information and ensure you exercise reasonable diligence before accepting a reservation from a Guest.
8. Cancellations and Refunds
8.1. If a Guest cancels their reservation in accordance with the Terms and conditions, you must adhere to the terms of the Host's cancellation policy and refund all due amounts within that framework. Additionally, you authorize us to make payments to Guests on your behalf if we hold funds in your name as a collection agent.
8.3. Once a reservation made by a Guest has been confirmed, it is not permissible to cancel that reservation except in extraordinary circumstances where it is impossible to provide accommodation during the periods or according to the standards required. In such cases, it is necessary to notify us immediately and provide the necessary evidence to verify the situation and apply the customer refund policy as stipulated in the terms of use.
8.4. In the event that a Guest is eligible for a refund, in accordance with the refund conditions outlined in the general terms, you shall be liable to us upon request, including:
a) Accommodation fees paid by the guest for the reservation.
b) Additional payments made by the guest during their reservation for additional services that have been covered by the fees or expenses incurred.
c) To prevent unjustified cancellations by Hosts, fees equivalent to 20% of the booking costs will be applied. However, at our sole discretion, we may reduce this percentage if we deem it appropriate for the situation.
d) We will inform you by email of the amount and payment terms to remit the penalty fees to our account.
e) We will immediately transfer ownership of all amounts held in your name as a collection agent for the reservation once we have determined that a guest is to be refunded.
f) In the event that we do not receive the amount from you within 7 days following notification by email, we expressly reserve the right to deduct the amount from any future bookings.
9. Payments and Fees
9.1. It is your responsibility to enter your accommodation fees on your "Host" personal account on the Villanium website. You must set your accommodation rates per night according to different seasons (Low, Medium, and High). Additionally, it is possible to enter special rates for specific periods, such as the end-of-year holidays.
9.2. To cover our expenses related to the services offered, Villanium service fees are charged when the reservation is confirmed. These fees are split between the Host and the Guest, or both can share them. In the Host-only fee structure, we will charge the Host a service fee of 10% of the total accommodation fees based on the rates defined between the Host and Villanium according to the low, medium, and high seasons plus applicable sales taxes for each reservation.
9.3. If the host chooses the "Last Minute" promotional rate option, Villanium service fees are set at 20% based on the payout rates agreed between the host and Villanium, based on seasonal rates (Low, Medium, and High), as well as special rates.
9.4. In the shared fee structure, we will charge Guests additional service fees plus applicable sales taxes for each reservation. These fees vary depending on various booking factors and are included in the displayed final price.
9.5. You expressly agree that we have the right to deduct Villanium service fees for accommodation before transferring funds to you.
9.6. You consent to Villanium keeping the service fees charged to Guests and not refunding them to you.
9.7. You agree that we act as debt collector, only for the purpose of receiving and, when applicable, making refunds to Guests on your behalf.
9.8. Subject to paragraphs 9.11 and 9.12 below, we will transfer funds to you as follows:
9.9. We will transfer accommodation fees (minus deductions stated in this agreement) to your designated bank account within 48 hours after the Guests' check-in.
9.10. We will transfer all of the security deposit paid by the clients under the provisions of the terms of use within 15 days after we have ensured that the amounts are duly owed and payable to you in relation to damages to your accommodation.
9.11. If a reservation is for a duration of more than 30 days, we reserve the right to proceed with a different payment schedule. In such circumstances, you will be informed in advance upon confirmation of your reservation.
9.12. We will not have to transfer amounts to you within the timelines mentioned in article 11.3 if there has been a dispute raised by the client regarding their reservation and/or a withholding on the security deposit, in which case we will not transfer any amount owed to you until this dispute has been resolved.
10. Warranty and deposits against damage
10.1. You agree that your accommodation may experience normal wear and tear over time. However, if you can prove that the accommodation (or any part of it) has been damaged by a Guest during the stay and beyond reasonable repair, you may request that the cost of the damage be deducted from the Guest's security deposit and that the relevant provisions of the Terms of Use apply.
10.2. Villanium Limited has subscribed to a Guest Protection Guarantee with SUPERHOG Ltd ("SUPERHOG") to ensure that the Guests will assume liability to you (the Guest) for any damage to the property.
10.3 Subject to the terms and conditions of this guarantee, for any booking where a Guest fails to fulfil their responsibility, SUPERHOG acting as Guest guarantee provider for Villanium Limited, will refund the Guest for any damage caused to the property.
10.3.1. You must carefully check all terms of any insurance policy you take out to ensure that it does not exclude losses caused by the acts/omissions of Guests or other visitors to the Accommodation.
10.4. Please note that any payment will be determined by SUPERHOG and Villanium Limited.
10.5. Guest's Liability
10.5.1. No payment made by SUPERHOG under this warranty shall release, reduce or waive any liability of Guest for damage to property.
10.5.2. Any payment made by SUPERHOG under this warranty transfers liability from Guest, so that it becomes a liability to SUPERHOG rather than to Host.
10.6 Conditions and limitations
10.6.1. In order for a Host to request a guarantee payment, the following conditions must be met:
10.6.2. The reservation has been approved
10.6.3. All reasonable measures are taken and/or have been taken by the Host to compensate the costs of any damage to the property.
10.6.4. The Host agrees to provide all assistance required by SUPERHOG and Villanium /or its partners in order to:
a) Assess damage to the property.
b) Sue a Guest for liability.
10.7 The maximum amount that SUPERHOG may pay under this guarantee is 5,000,000 USD and the insured values of the property that has suffered damage with a maximum limit of 150,000 USD for the contents.
This means that any material damage caused to the property (i.e. the accommodation in which the Guest is staying) is covered up to the lower of 5 million USD or the value for which the property is insured. For objects in the accommodation (defined as "contents"), coverage is limited to 150,000 USD.
The term "contents" refers to household items and other personal belongings contained within a listing, including artwork, antiques, and collectibles. To avoid any ambiguity, contents do not include:
a) Animals, including pets and livestock.
b) Currency, checks, credit cards, money orders, traveler's checks, drafts, crossed checks, postage stamps, gift certificates or tokens, vouchers, travel tickets, precious metals in bullion form, notes, or securities.
c) Jewelry, watches, gemstones, handbags, furs, unless, in cases b) and c) above, the items are kept in a securely locked safe inaccessible to visitors.
"Listing" (also "Property") means any residential property (including but not limited to RVs, boats, mobile homes, and any other impermanent structure) that a Host has the legal and/or contractual right to offer to Guests and that complies with housing standards.
"Property damage" refers to damage caused to any property, its facilities and/or fixtures, or its contents, by the actions or inactions, whether accidental, deliberate, or otherwise, of a guest (or any accompanying occupants) during a reservation. To avoid any ambiguity, this does not include cosmetic damage and/or wear and tear.
"Cosmetic damage" means damage that does not affect the likelihood of a property receiving a booking or have a negative impact on the functionality of the property's facilities and/or equipment, or its contents. For example (but not limited to), damage consisting solely of scratches, scuffs, marks, or dents.
"Wear and tear" refers to the type of gradual deterioration of a property's fixtures and/or fittings, or its contents, that can reasonably be expected as part of normal usage over time.
10.8 Exemptions
10.8.1. SUPERHOG and Villanium Limited will not make any guarantee payments in respect of:
a) Unpaid reservations
b) Force majeure
c) Damage to the property that cannot be proven to have been caused by a Guest during his/her stay.
d) The first $500 of damage to the property (already covered by the amount of the deposit)
e) Cosmetic damage or normal wear and tear
f) Property damage caused during a party with the Guest's consent
g) Damage to property which the Host could reasonably have foreseen
h) Bodily injury or other loss suffered by a Host or Guest.
i) Costs of alternative accommodation for Guest or Host
j) Business interruption, loss of business and/or loss of use of property or consequential loss of income
k) Damage to the property caused by a pet (with the exception of a service animal) that the Guest has authorized to stay at the property.
10.9. Paiement request
10.9.1. To submit a payment request, the host must report property damages to Villanium Limited and SUPERHOG Ltd within a maximum of 2 days following the guest's departure date (unless otherwise agreed upon in writing regarding a different reporting period) and then provide all requested evidence, which may include:
a) Dated photographs and timestamps of the property taken immediately before and after the reservation, showing the property damages;
b) Official police reports of the incident (if necessary)
c) Original invoices
d) Replacement/repair quotes or estimates
e) Submission of the Host's valid homeowner's insurance/property owner or property management insurance.
f) In certain circumstances, Villanium Limited and SUPERHOG Ltd may require the Host to file an insurance claim before any warranty payment can be considered.
10.10. Payment
10.10.1. SUPERHOG Ltd and Villanium Limited reserve the right to refund the Host (in full or in part) for property damages incurred during a booking. Any payment made under this warranty is determined by SUPERHOG Ltd and Villanium Limited.
10.10.2. To quantify the Guest's liability, SUPERHOG Ltd and Villanium Limited may consider certain factors, including but not limited to:
a) The cost of rebuilding or repairing the property damages to an equal, but not better or more extensive, condition than at the beginning of the booking.
b)
c) Any financial contribution to the property damages by the Guest and/or a third party, including the sale of any item(s) damaged, as well as any waiver of damages or applicable security deposit.
10.10.3 SUPERHOG Ltd and Villanium Limited shall have the right to take possession of any item for which a warranty payment has been made in order to replace it, and the Host agrees to provide reasonable assistance in such circumstances.
10.10.4. Any guarantee payment will be made by bank transfer to the account provided by the Host within 5 working days of the guarantee payment being agreed.
10.10.5. All warranty payments shall be made in the currency of the location of the property damage, unless SUPERHOG Ltd and Villanium Limited, choose to pay in a different currency. If currency conversions are necessary.
11. Geographical restrictions
11.1. Any property is eligible for this guarantee unless it is in a country for which the UK Foreign and Commonwealth Office has determined that it is not suitable for travel on the day the booking commences.
11.2. SUPERHOG Ltd and Villanium Limited will not be liable to make any payment under this warranty which:
a) Violates any economic, financial or trade sanctions imposed under the law of the country in which this policy is issued or otherwise provides cover.
b) Violates any economic, financial or trade sanctions imposed by Canada, the European Union, the United Kingdom or the United States of America.
12. General
12.1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of, in connection with, or relating to this Agreement, its subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales. The Host agrees to submit to the exclusive jurisdiction of the English courts.
12.2. The unenforceability or invalidity of any provision of this agreement shall not affect the enforceability or validity of any other provision.
12.3. Notices under this Agreement shall be in writing and given by electronic mail. Any notice sent by electronic mail shall be deemed received eight hours after the electronic mail is sent, unless notice of non-delivery is received or in the event of non-delivery.
Interpretation appendix
1. The definitions and rules of interpretation that apply in this agreement are as follows:
"Acts of Nature" means (but is not limited to) earthquakes and weather-related events such as hurricanes and tornadoes.
"Agent" means any party providing services on behalf of a third party, e.g. SUPER-HOG or Villanium performs validations as a host's agent.
"Approved" refers to a status assigned to a booking, host, guest, listing, platform, partner (and/or any third party) following a successful validation.
"Booking" refers to a confirmed stay that has been registered with SUPERHOG and involves an approved Guest staying in a Host's listing.
"Chargeback" means a refund of a charge made to a payment card after a customer has successfully disputed an item on their statement or transaction report. A chargeback may concern debit cards (and the underlying bank account) as well as credit cards.
"Contents" refers to household goods and other personal property contained in an advert, including art, antiques and collectibles. For the avoidance of doubt, this does not include:
a) Animals, including pets and livestock;
b) Currency, checks, credit cards, money orders, traveler's checks, money orders, cross-bank drafts, current postage stamps, vouchers or tokens, customer discount coupons, travel tickets, precious metals in bullion form, bills or securities;
c) Jewellery, watches, precious stones, handbags, furs, unless, in the case of b) and c) above, the items are stored in a locked safe inaccessible to Guests.
"Cosmetic damage" means damage that does not affect the likelihood of a property receiving a booking, does not adversely affect the functionality of the property's facilities and/or its contents.
"Cosmetic damage" means damage that does not affect the likelihood of a property receiving a reservation, does not adversely affect the functionality of the property's facilities and/or its contents. By way of example (but not limitation), damage that consists of scratches, scuffs, marks or dents.
"Security Deposit" means an agreement whereby an actual or virtual payment, up to an amount determined by a Host, is made by a Guest and retained by SUPERHOG to be used in the event of damage to the Property.
"Damage Waiver" means an agreement whereby a Guest's liability for property damage related to a specific reservation is waived up to a specified amount, in exchange for a one-time, non-refundable payment.
"Affiliate" refers to a parent, subsidiary or affiliate of SUPERHOG. "Warranty" refers individually and collectively to the warranties provided by SUPERHOG.
" PaymentGuarantee " means any payment made by SUPERHOG on behalf of a Guest or Host in response to a request for payment under a Guarantee.
"Guest" means both the principal guest making a booking and any accompanying occupants.
"Guest Agreement" means the contractual terms in force between the Guest, the Host, SUPERHOG and Villanium Limited. "Hosting Standards" refers to a set of standards and best practices that ensure a listing is safe, fully functional and advertising compliant, including but not limited to:
a) Appropriate sleeping areas, running hot and cold water, and a functional sanitation system.
b) Adequate property protection, including locks and/or other security devices (where applicable).
c) Functional utilities, such as wifi, air conditioning, and heating (as advertised).
‘’ Host’’ refers to an approved accommodation advertiser offering approved listings on a recognized STR Platform. "Host Guarantee" refers to the contractual terms in force between the Host and SUPERHOG.
"Listing" (also "property") refers to any residential property (including, but not limited to, RVs, boats, mobile homes, and any other non-permanent structure) that the Host has the legal and/or contractual right to offer to Guests and that complies with hospitality standards. "Non-approved" refers to a status assigned to a reservation, Host, Guest, listing, platform, partner (and/or any third party) following unsuccessful validation.
"Partner" (also "client") refers to any third party with an ongoing commercial relationship with SUPERHOG and Villanium Limited bound by agreed contractual terms.
"Party" refers to a social gathering of people invited to the property by Guests, typically involving eating, drinking, and entertainment, including any gathering where the number of Guests at the property exceeds the stated capacity of the property. "Payment Request" refers to a formal request for payment to be made by SUPERHOG in accordance with an S Guarantee.
"Platform" (or "STR marketplace") refers to a recognized short-term rental platform, such as (but not limited to) Airbnb, Booking.com, or VRBO, including www.superhog.com. "Property" see definition of "Listing".
"Property Damage" refers to damage caused to a property, its facilities, and/or its contents, by the actions or omissions, whether accidental, deliberate, or otherwise, of a Guest (or any accompanying occupant) during a reservation. To avoid any confusion, this does not include aesthetic damage and/or normal wear and tear.
"SUPERHOG" (also the "Company") refers to SUPERHOG Limited and/or any affiliated company. SUPERHOG also refers to superhog.com and any other website, web page, mobile website (collectively, the "Site") branded SUPERHOG, and any mobile application ("Application") owned and/or operated by SUPERHOG.
"Validation" (also "Verification") refers to the protocols and processes conducted by SUPERHOG to assign an approved or non-approved status to any reservation, Host, Guest, listing, platform, partner (and/or any third party).
"Watchlist" refers to an internal database owned by SUPERHOG of third parties who will not be granted approved status by SUPERHOG based on the outcome of validation, information, and/or previous experiences.
"Normal Wear and Tear" refers to the type of gradual deterioration of a property's facilities and/or contents that could reasonably be expected in the course of normal use over time.
• The headings of clauses, schedules, and paragraphs shall not affect the interpretation of this agreement.
• A reference to a company includes any company, corporation, or other legal entity, wherever incorporated or established.
• Unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular.
• Unless the context otherwise requires, a reference to one gender includes a reference to the other genders.
13. Exceeding Time Limits
13.1. In the event of the Guest's stay exceeding the duration in your accommodation, we will endeavor to recover payment for the overrun fees. Although we will make reasonable efforts to obtain reimbursement from the Guest, we are not obligated to compensate you if this does not occur. If we succeed in recovering the payment, we will transfer to you all amounts related to accommodation fees and your expenses within 15 days after receiving payment from the Guest.
14. Taxes and Fees
You acknowledge that you are solely responsible for determining and complying with your obligations regarding the collection, payment, and reporting of all applicable sales taxes, indirect taxes, occupancy taxes, tourist taxes, or income taxes related to your bookings ("Taxes"). You also agree that it is your responsibility to account for and incorporate all applicable taxes into the amount of your accommodation fees.
14.1. You agree and understand that taxes may apply to your Accommodation Fees, depending on the location of your accommodation. These taxes may be calculated as a percentage, a daily amount, or by another method. These are determined by the appropriate government agencies, departments, or other authorities ("Tax Authority") and must be collected from the Guest clients.
14.2. You understand and agree that tourist taxes must be paid to the relevant tax authority. These taxes may be referred to by several names such as tourist tax, occupancy tax, or other terms. For the purposes of this agreement, they will be referred to as "Tourist Taxes."
14.3. We may decide, at our discretion, to collect and pay the applicable tourist taxes to the relevant tax authorities for bookings. This will be done according to the terms outlined in this agreement and in accordance with the terms of service ("Collection and Payment").
14.4. We may decide to take on the collection and payment of tourist taxes if required by the local jurisdiction. If we opt for this approach, we will request and obtain your authorization to collect tourist taxes from your Guests on your behalf. We will handle this collection when collecting accommodation fees and remit the corresponding tourist taxes to the relevant tax authority.
14.5. We may decide, at our sole discretion, to collect tourist taxes from your Guests and reimburse you if we receive relevant tax information showing that you are eligible and qualified to collect tourist taxes. If we do so, you must then commit to calculating and paying the tourist taxes to the relevant authority. You agree that you alone are responsible for calculating the due tourist taxes and including them in your accommodation rates on our platform. Additionally, you agree to be solely responsible for paying the tourist taxes to the corresponding tax authority. We will not be responsible if you fail to meet tax obligations related to reporting or payment.
14.6. You agree not to collect tourist taxes collected by us when the guest reserves a room with us if we collect tourist taxes.
14.7. You agree that if the taxes collected and/or paid by us on a booking are not sufficient to cover your tax obligations, you must pay us or the relevant authority the remaining balance. You acknowledge that we have no liability to you other than our obligation to settle the tourist taxes collected on the reservation. We may suspend collection and payment services at any time, provided we notify you. However, this does not exempt you from your obligation to collect and pay applicable taxes on reservations to the relevant tax authority.
15. Responsibilities
15.1. Unless stated, we are not liable for lost profits (direct or indirect), loss of business, commercial value, reputation, or other financial loss (in each case, direct or indirect), or for indirect, consequential or incidental damages or expenses of any kind whatsoever; any payment you make or may be required to make to a Guest (or to any other person associated with your accommodation); loss, damage or corruption of data; losses resulting from the Guest/Host Agreement; injury to you; or damages and expenses incurred as a result of the conduct or misconduct of any Guest.
15.2 In no event will our liability be more important than the amounts paid to us by you and not paid by us to you, which would be inconsistent with the terms of the Agreement.
16. Général
16.1. In accordance with the terms of this agreement, the Guest/Host agreement, and Villanium's terms of use, if you have to pay a sum to us or to a guest/client, you agree that we have (at our discretion) the right to deduct this amount from future payments due by you if you have not paid it within the specified timeframe.
16.2. In the event of delay or failure on our part to fulfill any of our obligations under this contract, we shall not be held liable if it is due to your failure to comply with the contract requirements or due to an event beyond our control.
16.3. The entire agreement between you and us is contained in this agreement and related documents (including, but not limited to, the Terms of Use, the Guest/Host Agreement, and the cancellation policy you have chosen to apply to your Reservations). No other representation, condition, or prior term shall have effect unless specifically mentioned in this Agreement. However, this paragraph does not limit or exclude liability of either party in case of fraud.
16.4. If any provision of this agreement is declared invalid or unenforceable by a court or competent authority or does not comply with local laws and/or European law (as defined in the Terms and conditions), all other provisions of the agreement shall remain in effect and shall be fully observed. In such case, the parties shall agree to a replacement provision that is as close as possible to the provision deemed invalid and permitted by law.
16.5. No person or party other than the contracting parties shall have rights under this contract.
16.6. Under this agreement, we have the right to delegate or outsource our obligations without your authorization, provided that we remain primarily responsible for the implementation of these obligations.
16.7. The parties submit to the exclusive jurisdiction of the Irish courts.
16.8. The parties agree to act in good faith and cooperate to resolve any dispute, including through mediation and/or professional arbitration if consensus cannot be reached within a reasonable timeframe.
Updated on 28/03/2024