Host Guarantee Terms and Conditions

Host Guarantee Terms and Conditions

Last Update:16.03.2016

GRASFiN (also referred to as Company, we, us, our) connects Hosts with Guests through an online platform. Hosts enter the accommodations which are available for booking by the Guests who are looking for an accommodation to stay. You can access on the company's services from www.grasfin.com and each platform (website), which is available in GRASFiN’s Services.

With the publication of their entries, Host automatically Declares that he has Read, Understand and Agree wholeheartedly with GRASFiN’s Host Guarantee Terms.

If you accept or agree to these GRASFiN’s Host Guarantee Terms on behalf of a company or other legal entity, you represent and guarantee that you have the authority to commit to these GRASFiN’s Host Guarantee Terms and in this case, the "you" and "yourself" will refer and apply to your company or another entity.

We will prevent the recovery of any covered losses as defined in Host Guarantee Terms, if you are not fully comply with all terms, requirements and conditions of Host’s Guarantee. 

Please read the following carefully in order to know and protect the case that a property is not covered by the GRASFiN’s Host Guarantee. Definitions as "Covered Accommodation", "Covered Loss", "Covered Property" and "Excluded Property" are mentioned below. 

To proceed on completing GRASFiN’s the “Host’s Guarantee Payment Request” form as described below, you should do it as soon as you discover the damage or the physical loss of your Covered Property and to contact with the Responsible Guest, to attempt to resolve the issue with him/her and if there is no settlement, you should inform him/her about your intention for a complaint. The complaint must be made in writing by completing “Host’s Guarantee Payment Request” form within seven (7) days from the first contact with the Guest, as described below.

You acknowledge and agree that any amount payable to you by Covered Losses GRASFiN’s Host Guarantee will decrease the amount that you have already collected for the same Coverad Damages from a source different from GRASFiN’s Host Guarantee, including but not limited only to: (1) the amounts obtained through insurance policy, guarantee or compensation, (2) the security deposit or (3) direct payment from the Responsible Guest or an the Invited (defined below), or other party or an insurer or guarantor of such party.

Except when it is permitted by law, these Host Guarantee Terms does not affect your legislated rights. If you want a written copy of GRASFiN’s Host Guarantee Terms, please contact us from the email: terms@grasfin.com 

GRASFiN’s Host Guarantee

GRASFiN compensate the Host as a result of the Covered Loss, concerning limitations, exclusions and conditions of GRASFiN’s Host Guarantee, for repairing or replacing any damage or destroyed covered property.

Definitions 

Below you will find the meanings of the terms that you may come across:

“Real Value in Cash” is called the amount relating to the cost of repair or replacement of losses from damage or destruction, where covered and recorded and measured the day of the Event. The cost will cover a similar type and quality material, when the obsolescence cost and the natural damping are removed.

“Host’s Payment Guarantee Application Form” is called the form provided by GRASFiN which is amended or corrected by the company at any time through GRASFiN’s website. The Host uses this form as payment request based on GRASFiN’s Host Guarantee Terms.

“GRASFiN’s Insurance Policy” is called the insurance policy which was given by an insurance professional on the Company's mandate. It regards compliance of the Company and secures any losses that are covered by the “GRASFiN’s Host Guarantee”.

“Income Losses from Booking” we call the amount missing from the booking amount of the Covered Accommodation (confirmed bookings, in accordance with agreements or contracts that existed before the time of the loss by the applicants) as a result of a covered loss. Fees, expenses or any booking income loss occurring in any period in which the Covered Accommodation was not rentable. Loss of income does not include. The cost of the loss is considered and measured by the insurer of GRASFiN, who is defined from the beginning of the event of the loss until the Covered Accommodation is ready for use again, in a situation equivalent to that which was before the causing damage.

“Covered Accommodations” we call the accommodation which has potential to be used as a building owned or regulated by the host for the period in which the Guest resides in it, after prior entry by the host on our website and has been a confirmed booking from the Guest and the  host and is covered by GRASFIN’s Terms of Service. Vehicles (including but not limited to cars, motorbikes, motorcycles, scooters, mopeds etc.) or vessels (including but not limited to boats, jet skis, yachts and similar vessels) and if they have been kept from the Responsible Guest and it is confirmed by the host, they constitute “Covered Accommodation” 'when they are used for accommodation purposes and to the extent that can be steady. 

“Covered Losses” we call and limit only to direct physical loss or damage caused only in the ''Covered Property'' of the host where you find the word ''Covered Accommodation'' and they are caused by the ''Responsible Guest” during his/her stay in the ''Covered Accommodation'' in which he/she has booked through our services and confirmed by the host. In losses - damages are not included any losses or damages described in the Excluded Losses below.

''Covered Property'' we call and limit only to property located within a Covered Accommodation or within 1000 meters of this to the extent that you are interested in this property. Unless that property refers to the exceptions set out below.

Real Property, which includes additions that are under construction or new buildings that are on the site and referred to Covered Accommodations for which there is an insurance interest.

Personal Property

Accommodation, that belongs to you personally, including your interest as a tenant in case they can have any improvements.

Property for which you are obliged to keep insured for physical loss or damage, but does not belong to you.

Promissory notes / Banknotes or Securities

Precious metals in bar form

Currencies, money

Water or land or any other substance on or in the ground outside this exclusion which does not apply to improvements which do not include fill or land under such property relating to Landscaping sidewalks, roads.

Any amount of water which is in any processing equipment, pipe systems or in closed tanks.

Animals, beasts livestock or pets, but not limited only to them.

Various Cultivated land and standing timber.

Satellites, spacecraft, aircraft, marine vessels, including yachts, jet skis, similar ships or boats etc. Vessels considered Covered Accommodations are excluded. This exclusion does not apply to ships that move more than 10 feet or in transit from the usual location and their velocity is greater than one mile per hour.

Motor vehicles such as motorcycles, mopeds, scooters, cars without limited only to them. This exclusion does not apply to vessels that move more than 10 feet or in transit from the usual location and their velocity is greater than one mile per hour.

Δορυφόροι, διαστημόπλοια, αεροσκάφη, θαλάσσιων σκαφών συμπεριλαμβανομένων γιοτ, τζετ σκι παρόμοιων σκαφών πλοίων κ.α. Εξαιρούνται σκάφη τα οποία θεωρούνται Καλυπτόμενα Καταλύματα. Αυτός ο αποκλεισμός δεν ισχύει για πλοία τα οποία κινούνται με περισσότερο από 10feet ή βρίσκονται σε διαμετακόμιση από την συνηθισμένη τοποθεσία και η ταχύτητά τους είναι μεγαλύτερη από 1 μίλι ανά ώρα.

Μηχανοκίνητα Οχήματα όπως μοτοσικλέτες μοτοποδήλατα, βέσπες, σκούτερ, αυτοκίνητα χωρίς να περιορίζεται μόνο σε αυτά. Ο συγκεκριμένος αποκλεισμός δεν ισχύει για σκάφη που θεωρούνται Καλυπτόμενα καταλύματα.  Αυτός ο αποκλεισμός δεν ισχύει για πλοία τα οποία κινούνται με περισσότερο από 10feet ή βρίσκονται σε διαμετακόμιση από την συνηθισμένη τοποθεσία και η ταχύτητά τους είναι μεγαλύτερη από 1 μίλι ανά ώρα.

 

Underground mine wells or underground mines or similar property with them. 

Or property belonging to another and not to you and for which you do not have the control.

Disasters which will be caused and they are neither within nor on the Covered Accommodation.

In lines of transmission and distribution that are more than 1 km. from the Covered Accommodation.

Property in transit, excluded those that may otherwise stipulated in GRASFiN’s Host Guarantee Terms.

Docks, embankments and any kind of dam.

Fine Art objects are Paintings, engraving objects, printed photographs, rare items, art with glass, tapestries, various images, precious carpets, generally sculptures, antique furniture, jewelry antiques, porcelain, antique shops and related shops and rare property, objects of historical value or great artistic value. At Fine Art objects we do not include collectibles (sets of stamps, coin collections, furs, jewelry gemstones, precious and semi-precious metals, money, securities, vessels). 

“Guest” is the GRASFIN member who agreed perfectly with GRASFiN’s Terms of Service, has completed and confirmed the whole GRASFiN account registration process and has advanced bookings and stays in Covered Accommodation for the period which was Entered. 

“Host” is the GRASFIN member who agreed perfectly with GRASFiN’s Terms of Service, has completed and confirmed the whole GRASFiN account registration process and he/she has entered the Available Accommodation.

“Invited” is the person who has been invited to Covered Accommodation by the Responsible Guest.

“Limit” is the one million € (EURO €1,000,000), or equivalent of the currency in which the Covered Accommodation is during the exchange rate applicable to GRASFiN on the payment date under these GRASFiN’s Host Guarantee Terms.

Entry-Entered Accommodation is the Accommodation which is entered by the Host for distribution through the Website or the Application.

“Member” we call each person who has completed GRASFiN’s account registration process and can be, but is not limited to them, either Host or Guest as shown below at GRASFiN’s Registration Account Terms of Service. 

“Regular decays” are those caused to property under normal use and conditions.

As “Responsible Guest” we refer to the Guest who booked the Covered Accommodation for a specific period, in which a Covered Damage was caused and in which you have requested a repayment – compensation under GRASFiN’s Host Guarantee Terms. 

As “Areas” we mean the countries that are set and may be available to GRASFiN’s Host Guarantee as announced from time to time by the Company.

C. Exceptions and Limitations

GRASFiN’s Host Guarantee only Covered Losses. It does not pay for the following listed Excluded Losses.

For damages or losses caused after the booking duration stated in the applicable entry and which the Guest has caused.

Damages or losses caused by the Responsible Guest to the Covered Property by any booking of the Covered Accommodation that exceed the limit.

The losses - damages caused to art objects and cannot be replaced with a similar type and quality, and any loss or damage from the repair or restoration or even from processing.

Expenses for loss, damage caused directly or indirectly which are result from 

Property that has been excluded.

Natural disasters including earthquakes, events caused by weather conditions such as hurricanes, tornadoes, but not limited only to the mentioned.

If there is excessive use and consumption of water, fuel, gas, electricity and other services, which the Covered Property provides.

Causes that are indirect or distant

In case there is a business interruption, loss of market or loss of use, unless the GRASFiN’s Host Guarantee covers the Income Losses from Booking.

If a delay occurs deterioration, damage or loss.

Cases of unexplained or mysterious disappearance inventories - commodities or lack of disclosure in relation to the reception log.

Cases of decrees and laws enforcement 

Concerning travel arrangements including repairs and debris movements or replacement, manufacturing, of whatever property.

Where is required demolition of any property and the costs of moving debris.

Identity fraud - identity theft

Animal injuries, veterinary care, boarding animals, medicines and other services relating to animals.

Any Costs, expenses, losses or casualties caused directly or indirectly or as a result of any of the following, regardless of the fact that may have contributed to it.

Terrorist, hostile act or act of war as any type of revolution.

Use of poisonous biological or chemical materials threatening or actual

Infection caused by radioactivity, nuclear reaction or radiation

Custom Settings, destruction or confiscation decisions from public or governmental authorities.

Illegal shipments, illegal trafficking or smuggling in general

Excluding Guest, all dishonest actions which includes but is not limited to the theft committed to the Covered Property in relation from you or even individuals / entities maintained by you has and you have no knowledge about it .

If there are deficiencies in Internet services, telephone, sewage, cooling, steam, gas, fuel or electricity which are caused by external factor.

Also at the following circumstances

From any cause of faulty construction, materials, design and construction in general

Covered defects, inherent defects, erosions, consumptions, rust, and generally defective construction.

Regular decays

Cracks, shrinkage, swelling, erosions, arrangements, wall extensions, floors, roofs, pavements, floors etc.

Humidity and temperature changes.

Damages caused by insects, bugs, animals including pets

Under the condition that any physical damage is the result of any of the above circumstances, will be covered by GRASFiN’s Host Guarantee if not otherwise excluded from GRASFiN’s Host Guarantee.

Any substance or presence may be an actual or potential threat to human health but is not limited to this as well as costs, expenses, claims, damages, losses or any other amounts that may arise and are directly or indirectly related with spores, fungi, mold, bacteria, or other micro-organism of any type without being limited only to them.

Any loss, damage to the covered property.

Whatever the cause or risk is covered by the following, either contributing concurrently or in any sequence or not.

Measures taken to address medical or legal problems, relocation, actions required including repairs, replacements transportation, cleaning, disposal, relocation, pollution restrictions without limited only to them.

Fees which the Host has charged the Guest, for additional persons who have been called or otherwise have access to the Covered Property and they are not included prior in the booking of that Covered Property. 

GRASFiN’s Host Guarantee Conditions

To enable the Host to receive payment claim concerning GRASFiN’s Host Guarantee Terms, there should be full compliance with each of the following conditions. If there is not full compliance, the host cannot complete the recovery of the covered loss. In any case the Host is burdened for demonstrating compliance with the conditions set out below.

You must have suffered Loss / Damage that are covered.

GRASFiN’s Insurance Policy should cover the loss/damage for which you seek compensation and the GRASFiN’s payment should be under the same GRASFiN Insurance Policy.

GRASFiN in its sole discretion may proceed to the payment of the benefits, under GRASFiN’s Host Guarantee which should declare that any losses that are covered are under this GRASFiN’s Insurance Policy.

Host should have used reasonable efforts related to the stay of the Responsible Guest in the Covered Accommodation in order to comply with GRASFiN’s insurance instructions as outlined.

You should inspect the Covered Property to determine whether there are real losses - damages to any Covered Property and filed a complete “Host’s Guarantee Payment Request” form 

Fourteen (14) days from the end of the booking (last booking date) of the Responsible Guest for the Covered Property or

Before the beginning of the date the next booking of the same Covered Property 

For the damages - disasters - losses that have taken place in the Covered Property and they are violating laws or are the result from criminal acts or misdemeanor acts, you should have made a reference to the police for this property and send to GRASFiN, a copy of this report certified by you as true and precise.

You should be able to show to GRASFiN proof of ownership or legal responsibility for the Covered Property in any conventional form, photo documentation, video; in this are also included valuations forms and notifications addressed to you, without  limited only to them and they have been certified by you as reasonable, accurate and true.

It is required to provide a signed affidavit of that loss / damage within six (6) days from the date of the particular Covered damage - loss. That time is absolutely binding, unless we provide you a written extension of this period. In the proof of the loss-damage you should report your knowledge and your belief as follows:

You must tell the exact time, the cause and origin of the specific Covered Loss- Damage and present us evidence such as receipts, photos, videos, documents and other forms of verified proof.

To certify that there is ownership, lease, or any other interest and all the other parts of the Covered Property which you are applying for compensation of the Covered Loss.

Indicate the actual value in metric and the value to replace each item of Covered Property, and the current estimated value if the objects belong to the category of Fine Arts and the exact amount of loss or damage separately for each item of such Covered Property.

You must disclose with evidence all the guarantees, mortgages, charges, retentions borne by the Covered Property and other Insurance Policies, whether they are in force or not and related or it is an object with Covered Loss.

You must provide us with proof of any changes in use, title, location, ownership, dealing or openings of the Covered Property that may have occurred since the date of the entry.

You must provide us with evidence about the Responsible Guest, his/her guests or any other party who was present or make use of the Covered Accommodation in which the Covered Property is located and for which you are claiming a Covered Loss / Damage the date of the Covered Loss / Damage and the exact reason why this Covered Property used by these parties the date stated and whether they were on leased land or not.

You must provide us with proof about the date on which your communication with the Responsible Guest was held to claim compensation for any Loss / Damage that you claim you have suffered, and the date and evidence that this Responsible Guest failed to pay or refused to participate and compensate for the particular loss / damage.

Within the signed affidavit of Loss / Damage that you have suffered and described above, you must provide GRASFiN all the information you are asked or prompted by GRASFiN to enable the insurer GRASFiN and determine the exact and actual value of the Covered Property in cash, which includes: the acquisition date, the initial purchase price, the situation of the Covered Property as well as the cost that you estimate for the repair or replacement of the Covered Loss / Damage of the Covered Property. 

As a Host you are obliged:

To maintain and protect the Covered Property in order not incur further damage or loss.

To show details of the damaged and undamaged property associated with the cost, the amount and the actual value in cash. To achieve this, you need to split immediately the damaged from the undamaged Covered Property and place it in such a way that it can become a complete inventory of that loss / damage.

You must provide, when necessary and reasonable in frequency the places that may be specified by the GRASFiN’s insurer or its delegates to:

To display / show the remains (what is left) of the damaged Covered Property and subscribe the recorded files of the examination.

Provide, the moment it will be necessary, all the elements such as books, accounts, invoices, business documents for consideration either originals or certified copies if there are no originals.

Provide copies and excerpts machine that needs to be made for the above.

The insurer or the delegates appointed by GRASFiN, can access for inspection in the Covered Property at all reasonable times that are allowed to. The right to make inspections, building inspections, inspection report, advice and any analysis does not constitute a commitment by the insurer of GRASFiN that he/she will determine or guarantee for the damaged Covered Property that is safe and healthy. For the cases of failure to inspect or because of every control, the Company accepts no liability to you or any other person.

You are obliged to cooperate with GRASFiN, in this cooperation include the signing of documents when necessary by GRASFiN. Also, you must promptly respond to reasonable requests that GRASFiN will apply for additional information, documents which GRASFiN or the insurer may require that those requests needs to be processed in accordance with “Host’s Guarantee Payment Request” form. 

If the Covered Property is mortgaged or is loaned or of another insurance interest, you are required to notify the lender / mortgage lender in writing for losses that are over fifty thousand euro (EURO € 50,000) and provide a copy of that notice to GRASFiN . If the lender / mortgagee lender inform you that he/she seeks security or he/she progress on covering the compensation cost for loss / damage, you are obliged to immediately notify GRASFiN by writing about the request of the lender / mortgagee and instantly grant a printed copy of that specific request to GRASFiN. You must provide to GRASFiN all those detailed information to enable the GRASFiN communicate directly with that lender. If the loss is considered a Covered Loss, you will compensate for the loss of the lender to the value of the mortgage (we reserve the right for exceptions, limitations and conditions of this) and you will not be compensated by your monetary obligations to the lender / mortgage lender until he/she is satisfied. This applies to the extent and under the applicable local laws.

You have full control and ownership rights to the damaged Covered Property where appropriate tests may need to be done, so they can  show what property has been physically damaged and if is unsuitable for reprocessing or sale. This property cannot be sold or disposed by anyone except you or your personal approval. The earnings resulting from the sale or disposal of the Covered Property please note that

They will be given to the insurer of GRASFiN the time of settlement of the Covered Property.

They will be given to you if and when the sale or disposal earnings received before the settlement of the Covered loss / damage and if these earnings reduce the amount of the Covered Property which is payable to you. 

Host’s Payment Request 

“Host’s Guarantee Payment Request” form

After the submission of Host’s Guarantee Payment Request form to GRASFiN which you have to submit on the time limits which you already know and are followed by 1) the date on which you completed and submit the Host’s Guarantee Payment Request form and 2) the date on which you provided GRASFiN all the information and material that is required to provide and include in the compliance and the conditions laid down in GRASFiN’s  Guarantee Conditions as above, GRASFiN will complete the processing of Host’s Guarantee Payment Request document. Within three (3) months from the receipt of all requested documents and information we will use commercially reasonable efforts to complete the processing of Host’s Guarantee Payment Request document. If we sent you an Approved Payment Request (as defined below), then in order to make your payment, you should proceed to the signing of the Approved Payment Request Agreement of GRASFiN’s Host Guarantee, the signing of this Agreement is a prerequisite for your payment and includes:

You grant GRASFiN or the insurer or his representative, with all the legal rights that are covered and all the remedies you may have for recovering the amounts paid to you and related to the Approved Payment Request (as defined below) from the Invited by the Responsible Guest, by the Responsible Guest himself or any other party which is allegedly guilty - responsible for causing the loss / damage of the Approved Payment Request.

In case that the Company claim the amount that we paid to you for the Approved Payment Request by the Responsible Guest or an Invited or any other place, that there will be a fair cooperation with us which includes the case that we request you to appear as a witness in any court, arbitration or similar proceedings necessary and is deemed necessary by us.

You discharge and release GRASFiN from any further obligations related to situations, facts, events of all issues set forth and defined in GRASFiN’s Host Guarantee Payment Request. Also, you discharge and release for those above mentioned and all representatives, contractors, partners, employees, directors and all GRASFiN executives.

You are obliged to encounter ultimately as 'Confidential information', everything contained and GRASFiN’s Host Guarantee Payment Request document itself.

Amounts wrongly paid which are related with the Approved Payment Request for which we have identified and are based on factors including Documents we have, your police reports actions, where it is applicable you are obliged to return them to GRASFiN.

Factors which determine the period of time that will be required for the processing of GRASFiN’s Host Guarantee Payment Request Document, without limited only to them are:

The amount applying for Covered losses / damages.

The nature of the Covered losses / damages and the nature of the Covered Property.

The type of documents, information and data you provide in GRASFiN and its completeness in terms of Covered Loss / Damage.

The number of GRASFiN’s Host Guarantee Payment Request Documents which are currently in preparation phase for other Hosts.

Approved Payment Request

Once GRASFiN’s Host Guarantee Payment Request Document receive an approval for payment partially or entirely and concerns a Covered Loss / Damage (hereinafter called Approved Payment Request) you will get paid the amount of the covered loss just as measured, calculated and set by the insurer of GRASFiN or his representative, the method of measurement, calculation and processing are mentioned as “Determining Amount method of the covered loss” below. By notice of GRASFiN for your payment, you should provide to GRASFiN signed, the Approved Payment Request Agreement as GRASFiN has set and prepare. GRASFiN has the option to cooperate with third parties in order to assist in processing, measurement and calculation of GRASFiN’s Host Guarantee Payment Request Document by providing their services and the insurer can proceed if necessary, in cooperation with third parties to help in terms of research, calculation or settings related to GRASFiN’s Host payment requests by providing their services. 

GRASFiN reserves the right, in its sole discretion, to pay all or a partial amount of the Compensation refers to an Approved Payment Request and includes Covered Loss / Damage for Covered Property belonging to another from you part, to you or directly to the physical owner of the Covered Property. You are solely responsible for the collection of the total or partial amount paid to the owner of the Covered Property as GRASFiN’s Host Guarantee Payment - Compensation and you agree that this payment - compensation will be used for the purpose of the approved payment request and is the same thing as if it was paid directly to you. In order to be more clear, compensation liabilities are shown below under ''Compensation'' and apply to claims arising from payments to be made in accordance with the GRASFiN’s Host Guarantee, in these are included but not limited to, payments made directly to the owner for any Covered Property.

Determining Covered Loss / Damage Method.

Calculation Principles - How is the calculation of Covered Loss / Damage.

Subject to the following, the amount of losses that are covered will be calculated from the date of the Loss / Damage and no more than your interest.

As regards to the report of plans, manuscripts, movie files, the blank value plus the cost of copying information from backups or originals previous generation. Costs that include, without limited only to these, as the rehabilitation engineering, research, recreating lost data or information will not be compensated.

Damages / Losses related to Fine Arts objects lower than

The cost of restoring, repairing and restoration of their physical condition that was proven at the date of the event.

The proven cost of replacing the object.

The current estimated value, if the object is a part of two or set will not be rewarded, 1) for any replacement cost of any items that have remained intact or in place and constitute the rest of a pair or set, 2) more than the percentage of the damage / loss of the withstand value of the pair or set, 3) when the loss / damage is clearly confined to a specifically  recognized area or part, or is part of the common functionality or decoration or the replacement cost of any Art object intact part.

For the entire property that is covered (other than the cases mentioned in the paragraphs above), the cost of loss / damage may not exceed the lesser of:

The amount of the cost of loss / damage to property covered.

The amount of costs for replacement and reconstruction of this property, which is covered with new materials of similar size, quality and type on the same place.

The amount of the cost of replacement, repair and reconstruction of the same or different space, cannot exceed the size and capabilities that it had, on the date of the event of the loss / damage.

Costs relating with unfixed mechanical, electrical, electronic equipment which includes computer equipment , equivalent with the destroyed or harmed one, even if the damaged or lost had technological advantages or have been improvements in the operation or is a part of a system program support. 

If this property is not rebuilt, repaired, replaced with the same or another part within two years from the date of the loss event, the Actual Value in cash.

If the loss to be covered is compensated in part or entirely to you or on your behalf from the Responsible Guest or his guests or from another source such as security or any liable party for the same loss covered, this amount will be deducted from the amount of compensation that you will receive from us.

All the amounts relating to losses which are covered are paid in EURO, in its sole discretion GRASFiN choose to be paid in a different currency. In this case for any currency conversions required, GRASFiN uses a rate in the entire system, known as the main exchange rate for currency conversion using data from one or more third parties, such as Bloomberg (http://www.bloomberg.com/markets/currencies).

You or other beneficiary third party, do not receive under GRASFiN’s Insurance Policy to the extent you want additional insurance beyond of what is provided by GRASFiN’s guarantee of covering. GRASFiN encourage you to move to a separate security market that covers you and your property against any damage / loss may be caused by Guests or Invited where the GRASFiN or the insurer refuses to cover your requirements below GRASFiN’s Host Guarantee or on the ground that the damage / loss is not covered in any way by GRASFiN’s Host Guarantee. 

Host’s Agreements & Acknowledgements.

You agree, accept and fully acknowledge that:

The referred GRASFiN’s Host Guarantee is a guarantee for obligations of the Responsible Guest to the Host and totally depends on your judgment to seek and recover the amounts paid by GRASFiN to you and they are related with an Approved Payment Request by the Responsible Guest or by anyone else who may be financially responsible or the invited, for the Approved Payment Request.

GRASFiN’s Host Guarantee provides Hosts advantages described herein, solely for the promotion of the use of the website, the Services and the Application, and aims to strengthen and build customer’s confidence in the use of the Services, Application and use of GRASFiN’s website.

GRASFiN’s Host Guarantee terms are not an insurance service agreement as defined in ISO insurance policy template for renters or owners. These terms are not intended to constitute an offer for insurance, is not an insurance contract, they do not offer insurance and is not party to any security taken or may be taken from you. 

No matter what advantages provided by these GRASFiN’s Host Guarantee terms, are exclusive, as it is indicated in paragraph GRASFiN’s Host Guarantee above. These cannot be transferred or granted to you and without being limited thereto they include those whose concession of law or divorce relationship or your death.

We reserve the right, both GRASFiN and the insurer, to carry out or to make an independent research with the costs borne us and in our sole discretion, for the listed situations and events of the payment request as shown in GRASFiN’s Host Guarantee Payment Request Document, which was filed by you to GRASFiN, notwithstanding the delivery of information and materials in total needed to provide GRASFiN, as the paragraph defines GRASFiN’s Host Guarantee Requirements and you should comply with them.

You agree, accept and fully acknowledge that, if you proceed to a Host Guarantee request, you automatically give your consent to GRASFiN to consider all the communications between the Host (you) and the alleged Responsible Guest  through the Application, website or where is necessary.

Amounts that may be in possession of GRASFiN or has received from an entity or other person who is obliged to compensate you for any losses, disasters or general damages, reserves the right at any time to remove, offset by amounts that he/she owes or he/she has paid to you under the Terms of GRASFiN’s Host Guarantee as defined.

The specific GRASFiN’s Host Guarantee constitutes one guarantee agreement. In this applies the theory of exemption. Based on this, in the case in which the contested covered property or the risk that is directly or indirectly related to the specific covered property is changed considerably, GRASFiN has the absolute right to be exempted from any liability associated with any potential guarantee obligation under than those provided in GRASFiN’s Host Guarantee Terms.

Termination - Modification – Review of GRASFiN’s Host Guarantee Terms 

GRASFiN reserves the right in its sole discretion, to terminate, revise, GRASFiN’s Host Guarantee Terms without any notice, to the extent permitted by the applicable law in your area. If GRASFiN proceed into Termination, Modification and Review actions of GRASFiN’s Host Guarantee Terms, according to what is mentioned above, we will provide you a notification and will continue processing the GRASFiN’s Host Guarantee Payment Request Document which is deposited before the date of the termination of validity and your right to file any new GRASFiN’s Host Guarantee Payment Request Document will be terminated immediately. If GRASFiN modify GRASFiN’s Host Guarantee Terms, we will publish a notice of the modification on the website or through the application or publish a notification of this modification. GRASFiN will continue processing all GRASFiN’s Host Guarantee Payment Request Documents which were filed before the referring date of the entry into force of such modification. After the publication of any modification or reviews to be made or any notification associated with it, if your access to GRASFiN’s website, application or services continue, you automatically bound to agree and accept these modifications and reviews GRASFiN’s Host Guarantee Terms. In case that you do not accept the modified GRASFiN’s Host Guarantee Terms, the only solution for you is to stop using GRASFiN’s website, application or services as a Host.

GRASFiN reserves the right to modify, terminate, review part or all GRASFiN’s Host Guarantee Terms without restricting the rights mentioned in the preceding paragraph, generally or in any area at any time and at its absolute discretion if:

GRASFiN’s Host Guarantee Terms are interpreted by any regulatory or governmental authority as insurance services contract, an offer for insurance or an insurance contract.

In any area required or GRASFiN is required to obtain any form of license or permission of any form in order to continue to provide these GRASFiN’s Host Guarantee Terms.

In case that the provisions of these GRASFiN’s Host Guarantee Terms are determined by a court or an arbitrator, that violate any applicable laws.

If it is determined either by a court or an arbitrator who claim that the provisions of these GRASFiN’s Host Guarantee Terms violate the law. If GRASFiN modify GRASFiN’s Host Guarantee Terms, we will publish a notice of the modification on the website or through the application or publish a notification of this modification. GRASFiN will continue processing all GRASFiN’s Host Guarantee Payment Request Documents which were filed before the referring date of the entry into force of such modification. Unless if such processing is prohibited by law, regulations, provisions or decrees of any governmental or other regulatory authority and not only.

The terms and conditions applicable to GRASFiN’s Insurance Policy are the terms and conditions prevailing, at the date of the covered loss and not the terms and conditions applicable on Responsible Guest’s booking date or the date of entering the covered Accommodation by the host and GRASFiN’s liabilities depend on the availability of insurance revenues under this GRASFiN’s Insurance Policy. GRASFiN will make the best efforts to notify the host for any changes according to the procedures described in this section, where the policy terms and conditions are changed in any significant relationship between the date of the Entry and the first residence date of the Guest.

Liability Limitations and Disclaimers

Once you choose to use the Site, Application or Services as GRASFiN’s Host, you know that you do so solely at your own risk. We do not provide you any guarantee of any kind either express or indirectly beyond GRASFiN’s Host Guarantee “exactly as it is''. Without limited by the following, GRASFiN expressly disclaims any kind of guarantee of suitability for a particular purpose, any guarantee that may arise from the transaction or usage of trade / exchange and any guarantee of merchantability. GRASFiN cannot guarantee that the GRASFiN’s Host Guarantee meets your requirements. Advices, information written or oral that would take through our Website, our Application or our Services does not create any guarantee which is not mentioned herein.

You agree, acknowledge and fully recognize that your access and use on GRASFiN’s Website, Application or Services and the Entries of the Accommodations through GRASFiN’s Website, Application and Services to the fullest extent permitted by law, the risk that may arise lie and remain only to you. GRASFiN or any other party may be involved in the production, supply, or creation of the Site, Application or our Services is not responsible for any special exemplary, consequential or incidental damage may be noted and which include the goodwill losses, interruption loss of services to computer or system failure, loss of data, loss of profits or for any damage:

That may arise from emotional disorders, for personal or bodily injury relative with these GRASFiN’s Host Guarantee Terms.

That may result from an inability to use GRASFiN’s Application, Service or Website.

For any interaction, meeting or communication exists between the users of the Application, the Services and the Site or even with other people with whom you interact or communicate as a result of the use of the Application, Services or the Website.

GRASFiN is not responsible for any of the damages that have been described above, whether based on guarantee, offense, contract (including negligence), responsibility product or any other legal theory and whether GRASFiN is aware or not about the possibility of damage, even if there is a limited restoration of damage which has been designated by this, seems to have failed its essential purpose. From your entry for any accommodation through the Application, the Service or the Site.

GRASFiN beyond the limited obligation to compensate you with the amounts listed in the Approved Payment Request and under GRASFiN’s Host Guarantee Terms, bears overall responsibility that may arise regarding these GRASFiN’s Host Guarantee Terms.

The inability or use of the Application, the Service and the Website, including the Post of the Entry, without limited only to this whichever accommodation.

The interaction between you and any members exceed the amounts paid by GRASFiN to you within a period of twelve (12) months before the event giving rise to liability, or a hundred EURO (€ 100), where such payment is made, where may be applicable. The fundamental elements which constitute the basis for negotiation between the GRASFiN and you are damage limitations that have been set out above. Limitation exceptions can only exist where no exceptions are allowed in some areas.

Substitution

You agree that in relation to any payments you make under GRASFiN’s Host Guarantee, you will fully collaborate and offer your help to GRASFiN as regards any and all the substitution of obligations. GRASFiN or the insurer has the right to substitute any person or entity who appears to be responsible for causing the damage or loss even if the person or entity is you.

General Provisions

Compensation

You totally agree to keep, compensate, defend and release both GRASFiN and its affiliates, officers, directors, partners and agents, harmless against any action or claim, liability, damages, costs and  losses which include reasonably legal and accounting fees resulting from everything and anything related with GRASFiN’s Host Guarantee and  Host Guarantee Terms, but not limited to them. 

In the event that you are a tenant and not the owner of the accommodation that is registered as a covered accommodation, the preceding paragraph applies specifically for any difference between the actual owner of the accommodation and you. You are the sole and main responsible for updating and secure the authorization from the owner of the entered accommodation to GRASFiN and for the compliance with any scope of any license granted.

Total Agreement 

Regarding GRASFiN’s Host Guarantee and any prior oral or written understandings or agreements between you and GRASFiN, you agree, acknowledge and fully recognize that these GRASFiN’s Host Guarantee Terms are the complete and exclusive agreement and understanding between you and GRASFiN.

Transfer – Assignment

You are not entitled to transfer or assign partially or totally GRASFiN’s Host Guarantee Terms, neither by law nor otherwise without the writing consent of GRASFiN. In the event that on the contrary to this, you transfer or assign any or all of these GRASFiN’s Host Guarantee Terms without the written consent of the transfer or assignment, it will be totally null and void. Only GRASFiN has the right to transfer or assign GRASFiN’s Host Guarantee Terms in its sole and only discretion and without any limitation. Notwithstanding the above, all of GRASFiN’s Host Guarantee Terms are bound and will apply only for the benefit of all parties, their successors and their authorized representatives.

Updates – Notifications

Any update, notification or other communication permitted or required by these, including those that may be associated with modifications, revisions of these GRASFiN’s Host Guarantee Terms will be made in writing and given by GRASFiN:

By email (to the address you gave us).

By post in GRASFiN’s application or website.

For updates, notifications made by email, the receipt date that the update notification was sent is the date on which this message was sent.

Legislative Audit

All GRASFiN’s Host Guarantee Terms can be interpreted only on the basis of Stuttgart laws (Germany), disregarding its conflict of the legal provisions.

Dispute Resolution

GRASFiN and you agree to be settled by binding arbitration by any “Disputes” that may exist concerning any dispute or claim that arises relates to these GRASFiN’s Host Guarantee Terms, the termination, breach, validity , enforcement or interpretation and use of GRASFiN’s Application, Website or Services. You strongly agree and acknowledge that you and GRASFiN give up the right to trial by jury or to participate as an accusation member or participate as representative accusers in any process or in any purported accusation action. Also, the arbitrator in question cannot be raised over a claim of a person and not by any other means manage the possible representative process or position or any form unless you and GRASFiN agree in writing. Dispute Resolution section is considered invalid since this paragraph remains unexecuted. Dispute Resolution Section shall survive any termination of these GRASFiN’s Host Guarantee Terms except as provided in the preceding sentence.

The Arbitration Request must be submitted in writing by the party wishing to proceed to arbitration. It should be either a judge who is in pension or a lawyer who must possess a license of practicing law to Stuttgart (Germany).

In case the claim of the applicant exceeds 10,000 EURO the right to a hearing will be determined by the rules. If the claim does not exceed 10,000 EURO, arbitration will be conducted based exclusively in documents that have both parties, i.e. you and GRASFiN and have them delivered to the arbitrator, unless the arbitrator determines that a hearing is necessary or if it is asked a hearing by him. It is possible that the arbitrator direct an information exchange by the parties into arbitration, which promotes timesaving of the arbitration.

Resignation and Separation

If GRASFiN fail to enforce any of GRASFiN’s Host Guarantee Terms like provisions and rights, does not mean that resigns or cannot enforce the provision or the right in the future. To apply any resignation of GRASFiN from any right or provision shall be in writing and signed by a duly authorized representative. In this excludes the case of the pursuit by either party of any of the means used to deal with this, under these GRASFiN’s Host Guarantee Terms, it is explicitly defined by these GRASFiN’s Host Guarantee Terms and will contain notwithstanding to other remedies under these GRASFiN’s Host Guarantee Terms for any other way.

In the event that an arbitrator or court which held competent jurisdiction, considers any provision of these GRASFiN’s Host Guarantee Terms unenforceable or invalid, all other provisions of these GRASFiN’s Host Guarantee Terms remain in full and absolute force or effect, while the specific provision will impose at the greatest extent permissible.

How to contact with GRASFiN

For any questions you may have or arisen from these Host Guarantee Terms of GRASFiN, contact us at the following e-mail address terms@grasfin.com.

The following paragraphs apply to all parties with GRASFiN

The clause relating to legislative audit is removed and replaced with the following:

Jurisdiction and Legislative audit

The interpretation of these GRASFiN’s Host Guarantee Terms is made under the German legislation.

Both you and GRASFiN, accept and agree to submit to the non-exclusive jurisdiction of the German courts to resolve any dispute between the parties. GRASFiN has the ability / right, if they want to impose any rights against you choosing to do so either in German courts or the courts of the region in which you reside.

The Dispute Resolution clause, should be removed and not be applicable.