Terms-of-Service

Terms of Service

Last updated: 16.03.2016

TERMS OF USE

GRASFiN GMBH

Küferstr.44

73728 Esslingen am Neckar

Germany

THE SITE, APPLICATION AND SERVICES INCLUDE AN ONLINE PLATFORM, IN WHICH HOSTS CAN CREATE ACCOMMODATION ENTRIES AND GUESTS HAVE THE OPPORTUNITY TO BE INFORMED ABOUT AND MAKE A BOOKING IN THE OFFERED ACCOMMODATIONS WITH DIRECT CONTACT WITH HOSTS. YOU UNDERSTAND AND AGREE THAT GRASFiN DOES NOT GET INVOLVED IN ANY AGREEMENT BETWEEN THE HOTEL AND THE GUEST, AND THAT GRASFiN IS NEITHER AN ESTATE BROKER NOR AN AGENT NOR AN INSURER. GRASFiN DOES NOT CONTROL THE METHODS OF OPERATIONS OF THE HOTEL, GUEST AND OTHER USERS OF THE SITE, THE APPLICATION AND THE SERVICE OR ANY STAY AND DISCLAIMS LIABILITY TO THE FULLEST EXTENT THAT IS PERMITTED BY LAW.

General Definitions

“GRASFiN Content” are all Content that GRASFiN makes available through the Website, the Application or Services, including the contents of third party licenses, excluding the contents of the Members.

“Booking Request Period” is the period starting from the moment of the booking request from the Guest (as determined by GRASFiN in its sole discretion), through which the Host decide whether to confirm or reject the booking request, as stated on the Website, the Application or Services. Depending on the region different Booking Request Periods may apply.

“Collective Content” is the content of members and Content of GRASFiN. 

"Content" means text, graphics, images, music, software, audio, video, information or other material.

“Guest” is a Member that makes a request to a host about booking an accommodation through the Website, the Application or Services, or a member who is living in an accommodation and he/she is not the Host of this Accommodation.

“Host” is a Member which creates an Entry through the website, the Application or Services.

“Entry” is an accommodation that has been registered by a host as available for booking through the Website, the Application or Services.

“Member” It is a person who completes the GRASFiN account registration process, including but not limited by the hosts and the guests, as described in the "Account Register" below.

“Member’s Content” is all the content that a member places, upload, publish, submit, transmit or include in an Entry or in the Member’s profile and are available through the Website, the Application or Services.

“Fee” or “Fees” is any sales tax, value added taxes, goods and services taxes, transitional occupancy taxes, tourist or other visitor taxes, housing taxes or housing fees (such as conference centers fees) that accommodation providers may be required by law to collect and pay to government services and indirectly in other similar municipal, state, federal, and national services or other deductions and individual or corporate income taxes.

Certain parts of the Website and the Application (and the entry or the use of specific aspects of the Services or the Collective Content) may have different terms and conditions which are posted or may require your approval or the acceptance of some additional terms and conditions. Where there is conflict between these Terms and the terms and conditions that are placed in specific parts of the Site, Application, Services or Collective Content, the latter terms and conditions have priority regarding your use or access to that part of the site, Application, Services or Collective Content.

YOU ACKNOWLEDGE, AGREE AND STATE THAT THE ACCESS OR THE USE OF THE SITE, THE APPLICATION OR SERVICES OR THE DOWNLOAD OR INSTALLATION OF ANY CONTENT OR FROM THE SITE THROUGH THE APPLICATION OR THROUGH THE SERVICE, YOU HAVE READ, UNDERSTAND AND AGREE WITH THESE TERMS, WHETHER YOU ARE REGISTEREDON THE SITE AND THE APPLICATION OR NOT. IN THE EVENT THAT YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, THE APPLICATION, SERVICES OR THE COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and guarantee that you have the power of commitment that the company or other entity accepts the terms and in this case whatever is referring to the Terms concerns and applies to the company or another entity.

Modification

GRASFiN reserves the right, in its sole discretion, to modify the Website, the Application or Services or modify the Terms, including the Fees to the Service at any time and without further notice. In case of modification of the Terms, we will post the change either on the Site or through the application or we will provide you a notification of the change otherwise. Also, we will update the "Last update” that is located above Terms. Continuing the access or use of the Site, Application or Services after the publication of the modifications on the Website or through the Application or through a notification we have given to you, you agree and bound by the modified Terms. If you do not agree with the modified Terms, the only solution is to stop using the Site, Application and Services. 

Access

The Site, the Application and Services are for persons over 18 years. Any access or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you affirm and guarantee that you are over 18 years.

How the Site, the Application and the Services work?

The Site, the Application and the Services can be used to facilitate the access or booking of houses and other real estate ("Accommodation"). Such accommodations include the Entries on the Website, the Application and the Services from Hosts. You can see the entries an unregistered Guest through the Website, the Application or Services too. However, if you wish to book an accommodation or make an entry, you must first register and create an account in GRASFiN (as defined below).

As mentioned above, GRASFiN makes available the online platform or otherwise a market with relevant technology for guests and hosts, so they have the ability to have online connection and arrange Accommodation bookings by having a direct contact with each other. GRASFiN is not the owner or the manager of the property such as (but not limited to) the hotel rooms, motels and other lodgings or Accommodation, neither is considered as a provider of those properties. Also, GRASFiN does not own, sell, furnish, give, rent, sublet, manage and / or control the property, including (but not limited to) the hotel rooms, motels and other lodgings or accommodation or transportation or travel services. Unless it is expressly indicated otherwise to GRASFiN’s platform. The responsibilities of GRASFiN are limited: (i) to facilitate the availability of the Website, the Application and the Services and (ii) to act as limited payment collection agent for each host by accepting payments from their guests on behalf of the Hosts.

PLEASE NOTE THAT AS IT HAS BEEN MENTIONED ABOVE, THE SITE, THE APPLICATION AND THE SERVICES ARE AIMED TO FACILITATE HOSTS AND GUESTS TO HAVE DIRECT CONNECTION AND MAKE ACCOMMODATION BOOKINGS DIRECTLY BETWEEN THEM. GRASFiN DOES NOT HAVE THE ABILITY AND DOES NOT CONTROL THE CONTENT THAT ANY ENTRY IS INCLUDING AND THE SITUATION, THE LEGALITY OR SUITABILITY OF ANY OF THOSE ACCOMMODATIONS. GRASFiN IS NOT RESPONSIBLE AND DISCLAIMS ANY LIABILITY THAT IS RELATED TO THE ENTRIES AND THE ACCOMMODATIONS. ACCORDINGLY, ANY BOOKING MADE OR ACCEPTED BY ANY MEMBER IS IN HIS/HER PERSONAL RESPONSIBILITY.

Account Registration

To access certain features of the Site and the Application and to book an accommodation or create an Entry, you need to register and create an account "Account" and become Member. You can join the Services directly by registering through the Website or the Application or as described in this section. 

You can also register through the connection of your accounts in some social networking sites (like Facebook and such accounts, "Account of Third Parties"), through the Website or the Application, as described below. As part of the functionality of the Site, the Application and the Services, you can connect your GRASFiN Account with third-party accounts, either: (i) by providing login information of your GRASFiN account through the Website, the Services and the Application to your Third account or (ii) by allowing GRASFiN hve access your Third account, as permitted in accordance with applicable laws and conditions governing the use of any Third account. You state that you are entitled to publish the login information of your Third account in GRASFiN and / or allow GRASFiN have access your Third account (including, but not limited to this, the use for the purposes described in this section), without a violation by you of any of the terms and conditions governing the use of the current Third account and without requiring GRASFiN to pay any fee or making GRASFiN any subject of use restrictions imposed by such third party service providers. By granting GRASFiN access to any of Third account, you understand that GRASFiN will have access, will pose in disposal and storage (if applicable) in any content you provide and store in the Third Account (online social networking site content), so that they are available on the Website and the Application through the GRASFiN account and the profile page in your GRASFiN account. Unless otherwise specified by the Terms, content from social networking sites, if any, is considered to be Member’s content the for all purposes of these Terms too. Depending on the Third Accounts you choose and without prejudice to the privacy settings you have set on these accounts, personal identifiable information that you post on your Third accounts will be available on your GRASFiN Account on the Website, the Application and Services too. Please note that if a Third account or related services are not available or GRASFiN’s access to such Third Party accounts is terminated by Third service providers, then the content from social networking sites will not be available on the Website, the Application and Services. You can disable the connection between your account in GRASFiN and the Third account at any time simply by going to "Settings". GRASFiN will not make an attempt to revise any content of social networking sites for any reason, including (but not limited to) the accuracy, the legality or non-infringement and therefore GRASFiN is not responsible for any content of social networking sites. 

Your GRASFiN account and the profile page of your GRASFiN Account will be created for the use of the Site and Application based on personal information that you provide us or with the information that we obtain through the accounts of social networking sites as described above. You cannot have more than one (1) GRASFiN Account.

You agree to provide accurate, current and complete information during the registration process and to update this information in order to maintain accurate, current and complete. The GRASFiN reserves the right to suspend or terminate your GRASFiN Account and your access to the Website, the Application and Services, if you create more than one (1) GRASFiN Account or if you provide information / data during the registration process or subsequent to registration, which proves to be inaccurate, false, outdated or incomplete. You are responsible for the preservation of your password. You agree not to disclose your password to any third party and that you undertake sole responsibility for any activities or actions in your GRASFiN account, regardless of whether you approve or not such activities. In such cases you will immediately notify GRASFiN for any unauthorized use of your GRASFiN Account.

Accommodation Entries

As a Member, you can create Entries. To create an entry, they will be required answers to a series of questions concerning the accommodation you wish to enter, including (but not limited to) location, capacity, size, characteristics and availability of the Accommodation, pricing, relevant rules and financial terms. To display the entries through the Website, the Application and Services, all Accommodations must have valid physical addresses. Entries will be publicly available through the Website, the Application and Services. The other members will be able to book the accommodation through the website, the Application and Services, based on the information provided in your Entry. You understand, agree and acknowledge that, when a Guest make a booking request, you are unable to claim from the Guest to pay more than it the price at the time of the booking request. 

You acknowledge, agree and declare that you are solely responsible for any Entry and Member Content that you publish. Accordingly, you declare and guarantee that any Entry post and bookings made on this, or the residence of the Guest at the Accommodation of the Entry you posted (1) does not violate any agreements you have made with third parties, such as compound homeowners, apartment buildings, rental agreements or lease and (2) comply with all applicable laws (such as zoning laws, laws for the rental of houses and other properties), tax requirements and laws and regulations that may apply to each Accommodation contained in the Entry you post (including all the required licenses, qualifications and records) and (3) does not conflict with the rights of others. Please note that GRASFiN accepts no responsibility for the compliance of the Host in any agreements or duties on third parties, applicable laws, rules and regulations. GRASFiN reserves the right, at any time and without further notice, to remove or disable access to any Entry for any reason, including Entries, where GRASFiN, in its sole discretion, considers inappropriate for any reason and infringes these Terms or the current policies and EU Directives, or are somehow harmful to the Website, the Application or Services.

If you are Host, you understand and agree that GRASFiN does not act as guarantor or as agent contract. If a Guest requests booking your Accommodation and staying in the Accommodation, any agreement you make with the Guest is between you and him/her, while GRASFiN is not a part of this agreement. Notwithstanding the foregoing, the Payments through GRASFiN serve and operate only as a limited authorized fee collection agent on behalf of Hosts, which payments is the amount that the Host  set the Guests (including cleaning or other fees and / or taxes ).

When you create an entry, you can also include specific requirements that must be met by the Members who have chosen to book your accommodation, like the requirement for Members to have the photo in their profile or confirmed phone number so they can book your accommodation. Any member wishing to make booking of an Accommodation including Entries with such requirements, obvious declare that he/she agrees with them. More information on how you can set such requirements can be found through selecting "Hosts" located on the Website, the Application and Services.

If you are Host, GRASFiN has created specific tools that are available to you in order to help you to make decisions being informed about which members will choose to confirm or pre-accept as regards to the bookings made to your accommodation. You acknowledge and agree that, as Host, you are responsible for the acts and your failures, and you are also responsible for the acts and person omissions which are located or otherwise present in your accommodation with your request or invitation, excluding Guest (as and those where the Guests call, if applicable).

GRASFiN suggests hosts to ensure guarantees for their accommodation. Please reconsider any insurance policy you may have about your accommodations carefully and in particular please ensure that you accept and understand any exceptions and whatever their insurance uncovered amounts, such as security policy, including, but not limited to, the case that the insurance covers or not the acts or omissions of Guests (and persons where Guests call, if applicable), during their stay in your accommodation. 

GRASFiN offers the possibility for Hosts, if they wish, to provide photographers taking pictures of the Accommodation. If, as Host, choose to have a photographer for taking pictures, the photographs to be pulled will be available so you can include in your Entry. You agree that you are solely responsible that your Entry is depicted accurately in the "Validated Images". You are solely responsible for the use of "Validated Image" and guarantee that you will stop using the "Validated Images" or any other images, if these images are no longer accurately reflect your Entry. All pictures, material and content created by these photographers, including 'Validated pictures "are GRASFiN content, regardless of whether or not included in your Entry. You agree that GRASFiN can use the "Validated Images" for advertising, marketing and other business purposes in any media or platforms, whether they relate to your Entry or not, without further notice or compensation.

Non-approval

The GRASFiN does not approve any Member or Accommodation. You understand that the "Validated Images" are meant to indicate a photographic depiction of the Accommodation when the photo was taken. Therefore, the "Validated Images" does not mean that any Member or Accommodation it is approved by the GRASFiN. Members are obliged to these Terms in order to provide accurate information and although GRASFiN may make additional checks and procedures to assist in confirming or checking identities or historical user base, does not represent confirms or approves any Member or alleged identity or historical background Member. 

Any reference to the Website, the Application or Services, whether a member is "confirmed" or "linked" (or similar wording), only shows that the Member has completed the testing process and nothing more. Any such description does not indicate approval, certification or guarantee from GRASFiN. For any Member, including the Members' identities and whether Members are reliable, safe and suitable. Instead, any such description is intended to be useful as information for you so that you are able to make your own assessment, when taking a decision concerning the identity and suitability of others with whom you can contact or interact through the Website, the Application and Services. For this reason, we recommend to always exercised due diligence and attention when deciding on any of your contact with Hosts and booking request of Guest or if you have any interaction with any other Member. Unless it is provided by according to the Terms and Conditions ("GRASFiN’s Host guarantee"), which is an agreement between GRASFiN and Hosts, we are not responsible for any damage or injury resulting you’re your interactions with other Members. 

By using the Site, Application and Services, you agree that any form of responsibility that will seek to obtain for acts or omissions of other Members or Third Parties will be limited only to claims against those Members or Third Parties who caused you damage. You agree that you will not attempt to impose liability or seek an appeal with the GRASFiN, responsibilities regarding such acts or omissions. Therefore, we encourage you to communicate directly with other members through the Site, the Application and the Services on any bookings or Entries made by you. This restriction does not apply to any requirement by Hosts  to GRASFiN on the transfer of payments received from the Guest through GRASFiN on behalf of Hosts, which on the contrary is subject to the limitations described in the section below entitled "Restriction responsibilities". 

Bookings and Financial Terms

Basic definitions

“Accommodation Fees” are the amounts that are due and payable by the Guest in exchange for staying in a Accommodation. The Host alone, and not GRASFiN, is responsible for the Accommodation Fees set in the Entry. The Host may, in its sole discretion to include these amounts (1) a cleaning fee or any other fee allowed in GRASFiN platform, or (2) taxes set by Host that must be collected. 

“Guest Fees” is the fees where GRASFiN charge for use of the Services, which are calculated as a percentage of current Accommodation Fees. Guest Fees will appear in the Guest, when asked if he wants to send booking request to a Host. 

“Host Fees” are fees charged by GRASFiN to a Host for the use of the Services, which are calculated as a percentage of current Accommodation Fees. The Host Fees will appear on the Host, when he asked to confirm or reject a booking request from a potential Guest. 

“Service Fees” are collectively Guest Fees and Host Fees.

“Total Fees” are collectively Accommodation Fees and Guest Fees plus any taxes.

Bookings and Financial Terms for Hosts and Guests 

If you are a Host and they ask you book your Accommodation through the Website, the Application or Services, You must confirm or reject the booking request within the Booking Request period, otherwise the booking request will expire automatically. When there is a booking request through the Website, the Application or Services, we share with you (1) the name of the Guest that requested booking, (2) the link of the page of the GRASFiN account profile of the Guest, (3) where the Guest and Host have connected their GRASFiN account with a site of social networking, the names of members of social networking site with which you are "friends" of or relating to the social networking website, if these people are also "friends" or related to the Guest to such social networking sites and (4) an indication of whether a Guest has provided additional information on GRASFiN, like valid email, connect to social networking site, identity. If you are not able to confirm or decide to reject the booking request within the Booking Request Period, any amounts collected by GRASFiN for the booking request will be returned to the credit card of the Guest and any pre-approval of credit cards will be released. When you confirm a booking request from a Guest, GRASFiN will send you by email or text message or message through the Application confirming the booking, depending on the choices you make through the Website, the Application and Services. 

Payments of GRASFiN, will collect the total fee at the moment of the confirmation / acceptance of the booking (i.e. when the Host accept the booking request) and will start paying Accommodation Fees (fewer Hosting Fees of GRASFiN and any taxes on hotel charges, such as VAT in Europe) to the Host within 24 hours from the time that the Guest reach the property (except in case of refund due to the Guest). The time that needs for the Host receive the payment depends on the repayment method he has chosen. Some methods involve processing and payment data from third parties, who may impose their own additional charges for the use of their services by Hosts, including the reduction of charges from the payment amount.

If you owe or agree to pay the GRASFiN any amount through payments of GRASFiN, (whether it is related to your bookings or your actions as Guest or otherwise), then the GRASFiN Payments can (although not obliged to do so) deduct the amount you owe to GRASFiN payment of any amount owed to you as a Host and use the retained amount to be deducted from the amount you owe GRASFiN. If this happens with GRASFiN Payments, your obligation to pay GRASFiN will go out as far withheld from the GRASFiN payments and GRASFiN will stop owes you any liabilities (including, but not limited to, any obligation to pay you) as far as the amount is deducted. Apart than that owed amount if the account is lapsed or you have charged your account otherwise; you may be charged with fees that are related to the recovery of such overdue amounts and charges. Such fees or charges may include box office fees, service charges or other third party charges. You hereby expressly agree that all communications related to interest due accounts will be made by electronic mail or over the phone, as provided by GRASFiN to you. This communication can be done either by GRASFiN or by anyone on behalf of GRASFiN, including (but not limited to) collection agents by third parties.

Assignation to GRASFiN Payments a Restricted Payments Collection Representative for Hosts 

Each Host assigns GRASFiN Payments as a Restricted Payments Collection Representative exclusively for the acceptance of Accommodation Fees from Guests.

Each Host agrees that the payment made on the agreed terms as have been identified by the Guest through GRASFiN Payments, are considered the same as a direct payment to the Host and the Host has the Accommodation available for the Guest with the agreed terms like he/she has received the Accommodation Fees. Each Host agrees that GRASFiN may, in accordance with the cancellation policy chosen by the Host and specified in the relevant Entry, (1) allows the Guest to cancel the booking, (2) return (through GRASFiN Payments) the Guest part of the Accommodation Fees that are determined by the applicable cancellation policy. Each Host understands that after the GRASFiN Payments accept payments by Guests as a Restricted Payments Collection Representative with GRASFiN Payment obligation to pay the Host, this payment is directly dependent on the successful receive of the payment from the Guest. GRASFiN does not guarantee the payment of the Hosts of amounts not collected successfully through GRASFiN Payments by Guests. By accepting the assignation of a Restricted Payments Collection Representative for Hosts, GRASFiN Payments do not undertake any liability for the acts or omissions of the Hosts. 

Please note that GRASFiN does not charge fees for creating an Entry, the time being. However, as a Host you acknowledge and agree that GRASFiN reserves the right, in its sole discretion, to charge and collect fees for the creation of the Entry. Please note that GRASFiN will provide a notice of any Entry Fee collection through the Website, the Application and Services prior to the application of such an Entry Fee.

Bookings and Financial Terms for Guests

The Guests, not GRASFiN, have the responsibility to honor any confirmed booking for any Accommodation booked through the Website, the Application and Services. If you, as Guest, choose to make a transaction with a Host for booking an Accommodation, you agree and understand that you are obliged to make an agreement with the Host and agree to accept the terms, conditions, rules and limitations relating and imposed on the individual Accommodation by the Host. You acknowledge and agree that you and not GRASFiN, are responsible for the fulfillment of your obligations in these agreements and that GRASFiN is not a part of these agreements, except for payment obligations listed below. The GRASFiN disclaims all liability arising from or related to these agreements. You acknowledge and agree that, despite the fact that GRASFiN is not party of the agreement between the Host and you, GRASFiN Payments act as Restricted Payments Collection Representative for accepting payments from you on behalf of Hosts. After the repayment of Total Fees in GRASFiN payments, the obligation to pay the Host the Accommodation Fees is extinguished and GRASFiN Payments is responsible for sending the Accommodation Fees (fewer Hosting Fees of GRASFiN and any taxes on Hosting Fees such as VAT in Europe), in the method described in these Terms. If GRASFiN Payments does not send those amounts as described in these Terms, the Host is able to apply only against this entity of GRASFiN.

Payable Total Fees will appear in the Guest before sending the booking request to the Host. As mentioned above, the Host is obliged to either confirm or reject the booking request within the Booking Request period, otherwise the booking request is automatically canceled. If the booking request is canceled (not confirmed by the respective host), any amounts collected by GRASFiN Payments will be refunded to the Guest, depending on the choices made by the Guest through the Site and Application and in case of a pre-approval of credit cards there will be a release.

You as a Guest agree to pay GRASFiN the Total Fee for any booking request associated with your GRASFiN account if your request is confirmed by the relevant Host. To create pending confirmation of the booking request from the relevant Hosts, you understand and agree that GRASFiN Payments, on behalf of Hosts, reserves the right, in its sole discretion, (1) to obtain pre-approval through your credit card for the Total Fees or (2) to charge your credit card for a nominal amount, which shall not exceed one euro (€ 1) or a similar amount of the currency with which you deal (e.g. a dollar or a British pound) to verify your credit card. As a general rule, GRASFiN Payments collect Total Fees once GRASFiN receives confirmation of your booking by the respective Host. If necessary, Total Fees may instead be collected at a later time. Please note that GRASFiN cannot control any fees may be charged to the Guest by the bank and regards the collection of Total Fees from GRASFiN and GRASFiN disclaims all liability in this regard.

About the booking request you have made, you will be asked to provide customary billing information such as name, billing address and information of your credit card either for GRASFiN Payments or for payment process from third parties. You agree to pay GRASFiN Payments for each confirmed booking that has been made from your GRASFiN account under these Terms to any of the methods described on the Website or the Application, e.g. via PayPal or credit card. You hereby approve the collection of the amounts by charging the credit card you provide as part of the booking request, either directly from the GRASFiN Payments or indirectly from payments processed by third parties through the Internet or by one of the payment methods described on the Website or Application. You also approve GRASFiN Payments to charge your credit card in case you cause damage to an Accommodation as provided in the "Damage to Accommodations" below and Security Deposits where necessary. If you address GRASFiN Payments with payment processors from third parties, there may be terms and conditions governing the use of such other services and subject to personal information collection practices of third parties. Please check the terms and conditions and privacy policy before using the services. Once the confirmation process is completed, you will receive a confirmation email summarizing the confirmed booking.

Security Deposits

The Hosts can choose to include security deposit in their Entries ("Security Deposits"). Each Entry will describe if Security Deposit is required for the respective Accommodation. If a Security Deposit is included in an Entry with a confirmed booking Accommodation and host makes claim against this Security Deposit, GRASFiN Payments, as Restricted Payments Collection Representative on behalf of the Host will use commercially reasonable efforts to charge the Guest with the payment method he/she has chosen with the amount of the Security Deposit, within a reasonable period from the time that the Guest leaves Host’s Accommodation. GRASFiN will also use commercially reasonable efforts to address the requests and claims related to the Security Deposits of Hosts, but GRASFiN is not responsible for managing or accept any claims by Hosts on Security Deposits and disclaims all responsibilities in this regard. 

Service Fees

In exchange for use of the market and the platform of GRASFiN, GRASFiN charges the Service Fee. Depending on the case, the taxes (such as VAT in Europe) may also be charged in connection with the Hosting Fees and Guest Fees. GRASFiN Payments reduce Hosting Fees from the Accommodation Fees before sending the amount to the Host as described in these Terms. Guest Fees, as mentioned above, are included in the Total Fee.

These amounts will be sent by GRASFiN Payments to the Hosts through check, PayPal, direct deposit or other repayment method, as described on the Website or in the Application, in the currency chosen by the Host, depending on the choices that he/she made through the Website, the Application and Services. The amounts can be rounded up or down, as described in "Rounding" below. 

Please note that GRASFiN Payments, can impose or remove the foreign currency processing cost to or from any payment made to GRASFiN currencies that are not the euro. More information on such costs or reductions are available through the Website and the Application. More information on Service Fees can be found at grasfin.com/help. Unless otherwise provided by this text, the Service Fees are not refundable. 

General Bookings and Financial Terms

Cancellations and Returns

If, as Guest, you cancel the booking request before it has been confirmed by the Host, GRASFiN Payments will cancel any pre-approval of your credit card and / or return any nominal amount is charged to your credit card and related to the booking request within a reasonable time. If, as Guest you wish to cancel a confirmed booking through the Website, the Application and Services, either before or after your arrival at the accommodation, the cancellation policy contained in each Entry that the Host has done, is applied. Our ability to return your money from Accommodation Fees and other amounts charged to you depends on the terms of the cancellation policy. Information about the return and cancellation policies are available through the Website and the Application. The Guest Fee regardless of the cancellation policy chosen by the Host is not refundable. 

If a Host cancel a confirmed booking, which is done through the Website, the Services and Application, (1) GRASFiN Payments will return the total booking fee in the respective Guest within a reasonable time of the cancellation and (2) Guest will receive an email or other communication from GRASFiN containing alternative entries and other relevant information. If the Guest, have requested one of the alternative entries and the Host associated with these alternative entries confirm the booking request to the Guest, then the Guest agrees to pay to GRASFiN the total fees related to the confirmed booking for the Accommodation of the alternative Entry according with the Terms. If the Host cancel the confirmed booking and you as Guest, do not receive an email or another way of communication by GRASFiN, please contact GRASFiN to info@grasfin.com

If, as host, cancel a confirmed booking, you agree that GRASFiN may apply penalties or consequences to you or to your entry, including (1) Publication of an automatic report to your entry indicating that a booking was canceled, (2) maintaining a calendar of your Entry unavailable or blocked for the dates of the canceled booking or (3) imposing a cancellation fee (which will be withheld from your future payouts or charges to the credit card registered to your GRASFiN account). You will be informed about the situation that the cancellation fees applied before your decision to cancel a confirmed booking.

In some cases, GRASFiN may, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking that is made from the Site, the Application and Services. This may occur for reasons set in GRASFiN’s mitigating case policy or for any other reason. GRASFiN Payments can also determine, in their sole discretion, to return to the Guest part, or all of the amount charged according to our Return Policy in the Guest. You agree that GRASFiN and related Guests or Hosts have no responsibility for such cancellations or refunds. If, as Host, the Guest cancels you a confirmed booking or GRASFiN decides that it is necessary to cancel a confirmed booking and GRASFiN requests reimbursement from the Guest in accordance with our Guest Return Policy or other applicable cancellation policies, you agree that if you have already paid GRASFiN, we are entitled to recover the amount of such Guest Returns from you, including the removal of such refund amounts and any future Accommodation Fee.

Repetitive Payments

In some cases, Guests may be required to make repetitive, incremental payments with respect to the total fees, which a confirmed booking has before taking up residence in the respective accommodation (collectively, " Repetitive Payments"). More information on the Repetitive Payments will be made available through the Website, the Application and Services. If the Repetitive Payments are applied to a confirmed booking, then the Guest approves GRASFiN Payments, on behalf of the Host, to recover the total fee and the Host agrees that GRASFiN will start the payments to the Host, with their increases and the frequency associated with the current Repetitive Payments, as defined in the Website, the Application and Services. 

Rounding

GRASFiN may, in its sole discretion, round up or down the amounts payable by or to the Guest or the Host, to the nearest integer operational base unit in any currency expressed (i.e. to the nearest euro dollar or another supported currency). For example, GRASFiN will round off the amount of € 101.50 to € 102.00 and the amount of € 101.49 to € 101.00.

Some currencies are expressed in large numbers. GRASFiN can determine the operational base unit in which these currencies are expressed in 10,100 or 1000 of the currency. Corresponding examples of such coins is GRASFiN to round up the amount of 1,045 to 1,050 and 1,044 in 1040, the 35.450 to 35.500 and 35.449 to 35.400 or 837.500 to 838.000 and 837.499 to 837.000.

Errors in processing payments

We will take precautions to correct any errors in the processing of payments, for which we have knowledge. These precautions may include credit or charge (as appropriate) with the same payment method used for the initial payment, so they end up receiving or paying the correct amount.

Donations

Some Hosts can commit to donate some of the money they receive from the confirmed bookings made through the website, the Application and the Services for a particular purpose or charity. We do not take any responsibility or liability for whether or not the Host will make the donation that he/she pledged to do. In such cases, this Host is responsible for compliance with all applicable laws and regulations relating to such commitments and / or collections.

Damage to Accommodation

As Guest, you are responsible to leave the accommodation in the condition it was before staying. You acknowledge and agree that, as Guest you are responsible for your actions and your failures, and you are also responsible for the acts and omissions of any individuals that you invite or provide access somehow in the Accommodation. If a Host claims or somehow provides proof of loss data, including but not limited to, pictures you agree to pay the cost of replacing items destroyed or equivalent items. 

After the notice of that claim, you are given forty-eight (48) hours to respond, the payment will be charged and will be taken from the credit card lying on the file of your GRASFiN Account. GRASFiN also reserves the right to charge the credit card in your account or to collect payment from you, and will pursue any available way that GRASFiN has, including the use of Security Deposit, in cases in which you determine, in GRASFiN’s sole discretion, for Accommodation damage, including, but not limited to this and the relationship with the payment requests made by Hosts under the Host’s Guarantees from GRASFiN and with respect to any payments made by GRASFiN to Hosts. If we cannot charge your credit card from your file, or to collect the payment some other way, you agree to send the Host or GRASFiN (where applicable) the payment for any damage to the accommodation. 

Also, Hosts and Guests agree to cooperate and help GRASFiN in good faith and to provide GRASFiN information and operations that can be reasonably requested by GRASFiN, in relation to any complaints or claims made by Members regarding to the Accommodation or any personal or other properties located in an Accommodation (including, but not limited to this, the payment request is made under the GRASFiN’s Host’s Guarantee) or in connection with any investigation has been carried out by GRASFiN or GRASFiN representative on the use or misuse of the Site, Application and Services. If you are a Guest, under the reasonable request of GRASFiN and to the extent you are able to do so, you agree to participate in mediation or similar resolution process with the Host, at no cost to you, which process is conducted from GRASFiN or a third person that GRASFiN chooses or the guarantor, in relation to the losses which the Host is requesting payment from GRASFiN through the GRASFiN’s Host Guarantee.

If you are a Guest, you understand and agree that GRASFiN may submit a request under the claim of the owner, tenant or other security policy related to any damage or loss that you may have caused or you are responsible for this Accommodation or a personal or another property on the Accommodation (including, but not limited to this, the payment request that is made under GRASFiN’s Host Guarantee). You agree to cooperate and help GRASFiN in good faith and provide GRASFiN information and actions that can be reasonably requested by GRASFiN, in relation to any complaints or claims made by Members in relation with the Accommodation or any personal or other properties located in an Accommodation `(including, but not limited to), the implementation of documents and taking further actions, which GRASFiN may request reasonable assistance for the completion of the above.

Extended stay without the consent of the Host

Guests agree that a confirmed booking is merely a license granted by the Host to the Guest of entering and use of the Entry during the limited period designated by the confirmed booking and in accordance with the agreement made between the Guest and the Host. The Guests also agree to leave the accommodation not later than the departure time set by the Host in the Entry or any other period to be agreed by the Host and the Guest. If a Guest remains above the agreed checkout time without the consent of the Host, has no longer permit to remain in the Entry and the Host has the right to force the Guest leave. Also, the Guest agrees that the Host may charge the Guest, for each above 24 hours as the Guest remains above the agreed without the consent of the Host, an additional night charge, twice higher than the average charge of the Accommodation per night, which originally charged to the Guest to cover the inconvenience suffered by the Host, plus applicable service charges, taxes and any legal costs incurred by the Host to force the Guest leave (collectively, "Additional Amounts"). The Guests agree that GRASFiN payments, with their role as Restricted Payments Collection Representative for Hosts, will charge the credit card of the Host or other payment methods available in your account file for the collection of Additional Amounts. Also, the GRASFiN payments, may recover all costs and costs arising from the collection of additional amounts by charging the Guests’s credit card or other payment method that exists in the file.

Foreign currency

GRASFiN online platform facilitate bookings between the Guest and the Host who may prefer to pay and receive payments in different currencies, which may require foreign currency conversions to facilitate different currency preferences. Although GRASFiN platform allows users to see the price of Entries in a variety of currencies, currencies that are available to make and receive users payments may be limited and may not include the default currency in a given geographical location.

Any foreign currency conversion is processed with a conversion rate of the foreign currency. This rate generally refers to the amount of one currency which must be paid to buy a certain amount of another currency at this time.

Key Definitions

"Display Currency" is the currency that users see on the Entries prices on GRASFiN platform and the Guests can choose to change the Display Currency in order to see the price of the Entry through the various supported currencies. 

"Booking Currency" is the currency which the Guest must pay for the booking.

"Entry’s Currency" is the currency in which the Entry price is set. Entry’s currency is defined by the Host.

"Payment Currency" is the currency in which the payment of the Host is done. Payment Currency is defined by the Host.

"Basic Exchange Rate" It is an entire rate system used by GRASFiN for converting foreign currencies, which are in effect at the time when the conversion processing of the foreign currency is done and does not include any charge or revaluation from GRASFiN. 

GRASFiN determine the Basic Exchange Rate using data from one or more third parties such as BLOOMBERG (http://www.bloomberg.com/markets/currencies). 

“Adjusted Exchange Rate” is the conversion rate of the foreign currency which is calculated by adding revaluation of the Basic Exchange Rate. This revaluation represents the charge imposed by GRASFiN for participation costs and the risks of foreign currencies.

Users’ behavior

You understand and agree that you are solely responsible for compliance with all laws, rules, regulations and tax regulations, which may apply on your use of the Website, the Application, the Service and the Collective Content. In relation to the use of the Site, Application, Services and Content Collective, you cannot and you agree Not to:

Violate any local, state, regional, national or other law or regulation or any court order, including, but not limited to these areas and restrictions and Tax settings.

Use the Website, the Application, the Service or Collective Content for any commercial or other purpose that is not expressly permitted by these Terms.

Copy, storage or access or otherwise use any information contained on the Website, the Application, the Service or the Collective Content for any purpose not expressly permitted by these Terms. 

Have an infringement of the rights of any individual or entity, including, but not limited to, intellectual property, privacy, publicity or contractual rights.

Possible infringement or damage of the Site, Application or Services, including, but not limited to, through the use of viruses, bots invalidation, Trojanhorses, malicious code, floodpings, denial-of-service, backdoors, packetorIPspoofing, forged routing information or e-mail address or similar methods or technologies.

Make use of the Site, Application or Services for the purpose of transfer, dissemination, publication or presentation of any information in respect of any other person or entity, including but not limited to, photographs or other personal information contact or credit, debit or account numbers without their permission.

Make use of the Site, Application, the Service or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the buildings on private homes.

Allow "tracking”, "stalk" or annoyance of any other user of the Site, Application, Services or Collective Content or collect or store any personal information about any other user other than the transaction purpose as a Guest or a Host of GRASFiN.

Offer, as a Host, any accommodation which you do not own or do not have permission to rent as accommodation or other property (without limiting the foregoing, you will not enter Entries as Host if you serve in the capacity rental or an entry representative agent for a third party).

Offer, as Host, any accommodation which cannot be rented or over leased in accordance with the terms and conditions of agreements made with third parties, including, but not limited to, the property rental agreement.

Register more than one GRASFiN Account or register a GRASFiN Account on behalf of a person other than you.

Request or book a stay in accommodation if you do not reside in the Accommodation, unless GRASFiN expressly permits otherwise.

Contact a Host for a purpose other than to ask a question related to a booking, such as for the Accommodation of Hosts or for the Entries.

Contact a Guest for purposes other than to ask a question concerning the booking or any use of the Guest on the Website, the Application and Services. 

Hire or otherwise seek Hosts or any other Members for inclusion in third party websites or services that are GRASFiN’s competitors, without prior written approval from GRASFiN.

Allow the representation of any person or entity, or falsify or counterfeit otherwise of yourself or your relationship with another person or entity.

Use automated scripts to collect information or interaction otherwise through the Website, the Application, the Service or Collective Content.

Use the Site, Application, Services or Collective Content to find a Host or Guest and complete booking Accommodation outside the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to the provided Services or any other reasons.

As a Host, submit any Entry with false or misleading information about prices or to submit any Entry to a value which you do not intend to honor.

Allow posting, uploading, publishing, delivery or transfer any Content that: (1) conflicts, abuses, or violate third party patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, (2) violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability, (3) is fraudulent, false, misleading or deceptive, (4) is defamatory, obscene, pornographic, vulgar or offensive, (5) promotes discrimination, intolerance, racism, hatred, harassment or harm to individuals or groups, (6) is violent or threatening or promotes violence or actions which are threatening any person or (7) promotes illegal or harmful activities or substances. 

Permit systematic retrieval of data or other content from the Website, the Application or Services for creating or writing, directly or indirectly, to one or multiple downloads, a collection, drafting, database, directory or something similar with either manual methods or using bots, crawlers, or spiders, or otherwise.

Use imaging, mirroring or framing of the Site, Application, Services or the Collective Content or any individual components through the Website, the Application, the Service or Collective Content, the name of GRASFiN, any brand of GRASFiN, logo or other proprietary information or the layout and design of any page or form contained on a page of the Site, Application or Services without the express written consent from the GRASFiN.

Allow access, intervention or the use of non-public area of the Site, Application or Services, in GRASFiN computer systems or the technical delivery systems of GRASFiN providers.

Allow detection attempt, scan or testing the vulnerability of any system or network or breach of security measures or GRASFiN’s certification.

Avoid, bypass, remove, deactivate, affects decodes or bypasses otherwise any technological measures implemented by GRASFiN or any providers GRASFiN or other third parties (including other users) in order to protect the Site, the Services, Application or Collective Content

Falsify any TCP / IPpacketheader or any parts of the header information in any email or posting to a newsgroup, or use in any way the Website, the Services, the Application or Collective Content to send altered, deceptive or false source for information identification

Allow attempt to decrypt, decompile, disassemble or reverse whoever software function used on the Website, the Services, the Application or Collective Content or

Allow advocacy, encouragement or help another person to do any of the above

Receive or make payment of Accommodation Fees besides GRASFiN Payments and if this happens, you acknowledge and agree that: (1) it would be a violation of these Terms, (2) you accept all risks and responsibility for such payment and (3) GRASFiN maintains harmless from any liability for such payment

GRASFiN has the right to investigate and prosecute any of the above to the fullest extent of the law.

GRASFiN may access, preserve and disclose any information concerning you if we are required by law or if we believe in good faith that it is necessary, within reason, to: (1) respond to the claims of requirements against GRASFiN or to conform to legal procedures (for example, subpoenas or warrants) (2) enforce or administer our agreements with users, such as these Terms and GRASFiN’s Host Guarantee, (3) prevent fraud, to undertake a risk assessment, research, customer evaluation, product development and for debugging or (4) protect the rights, property or safety of GRASFiN, users or members of the public. You agree that GRASFiN has the obligation to monitor your access or use of the Site, Application, Services or the Collective Content or to review or edit any User Content, but has the right to do so in order to function and improve the Site, Application and Services (including, but not limited to, for the purpose of fraud prevention, risk assessment, research and customer service), to ensure your compliance with these Terms, to comply with applicable laws or court decision or requirement, administrative agency or other governmental body, to respond to the content that is determined to be inappropriate or not specified by these Terms. GRASFiN reserves the right, at any time and without notice, to remove or disable access to any Collective Content where GRASFiN, at its sole discretion, considers to be inappropriate for any reason, violates these Terms or is harmful otherwise for the Website, the Application or Services.

Privacy

You agree that the GRASFiN Privacy Policy (which may be updated from time to time) governing the collection and use of your personal data by GRASFiN.

Property

The Site, the Application, the Service and the Collective Content are protected by copyright, trademark or other laws of Germany and the European Union and foreign countries. You acknowledge and agree that the Site, the Application, the Service and the Collective Content, including all related intellectual property rights are exclusive property of GRASFiN and licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other exclusive rights attaching to the Website, the Application, the Service or Collective Content.

Additional Terms

The Services have different products and promotions and so can apply some additional terms or product requirements in order to use them. For example, additional terms apply to new users of GRASFiN (“Referral Program") or participate in a Home Security program. If there are additional terms available for the product or service you use, those additional terms become part of these Terms.

Specific Terms relating to GRASFiN’s Travel Units 

GRASFiN’s Travel Units can be redeemed only by confirmed bookings through the Website, the Application and Services after the merger of GRASFiN’s Travel Units, i.e. GRASFiN’s Travel Units will be automatically applied to the next confirmed booking made through website, the Application and Services. GRASFiN’s Travel Units are credit and have no cash value and may not be returned or exchanged for money. You can redeem GRASFiN’s Travel Units only when they are reflected in your GRASFiN Account. The extent, variety and type of services and products that can be downloaded by redeeming GRASFiN’s Travel Units may change at any time. 

GRASFiN’s Travel Units expire three (3) years from the date of the last concentration of each GRASFiN’s Travel Unit in your GRASFiN Account. GRASFiN will inform you at the email address you provided when you register your Account thirty (30) days before the scheduled expiry of GRASFiN’s Travel Units, from your GRASFiN Account. If for some reason you believe that there is a gap on the rest of GRASFiN’s Travel Units, please contact us. GRASFiN may require you to submit additional information in order to decide on your balance. All decisions about your balance will be final and at the sole discretion of GRASFiN. You are responsible for any tax consequences, if any, are the result of redemption or use of GRASFiN’s Travel Units. Where applicable, GRASFiN may be required to calculate / add VAT for any services that GRASFiN’s Travel Units are redeemed. 

Without limiting any other terms of these Terms and without prejudice of applicable law, all GRASFiN’s Travel Units will remove from your GRASFiN account, in GRASFiN’s sole discretion, for any reason if the account is terminated or interrupted or if GRASFiN interrupted providing the Site, Application, Services or the Referral Program.

Application License

Without prejudice to your compliance with these Terms, GRASFiN grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on any mobile device or PC that is yours or control and use this copy of the Application solely for your personal use. Furthermore, with regard to any application from AppStore (defined below) will only use the Application from AppStore (1) in an Apple product that has iOS software (proprietary operating system from Apple) and (2) as permitted by the "Usage Rules" designated by the Apple AppStore Terms of Service. GRASFiN retains all the Application rights that are not expressly granted to you under these Terms.

GRASFiN’s Content License and Members Content 

Without prejudice to your compliance with the terms and conditions of these Terms, the GRASFiN grants to you a limited non-exclusive, non-transferable license, (1) access and view of any GRASFiN Content exclusively for personal and non-commercial purposes and (2) access and view of any Members Content which you have authorized access, exclusively for personal and non-commercial purposes. You may not re-licensing the rights of the license granted in this section.

You will not use, copy, adopt, manipulate, prepare derivative works based on it, distribute, license, assign, sell, transfer, display publicly, perform publicly, broadcast, transmit or exploit otherwise the Website, the Application, the Service or Collective content, unless expressly permitted by these Terms. Licenses or rights granted to you indirectly or otherwise are not valid under any intellectual property rights owned or controlled by GRASFiN or licensors except the licenses and rights granted to you expressly by these Terms.

Member Content 

We may, in our sole discretion, allow you to post, upload, publish, submit or transmit the Member Content. Making available any Member Content through the Site, the Application and Services, GRASFiN currently grant you a worldwide, irrevocable, perpetual (or for the duration of that protection is valid), non-exclusive, transferable, exclusive license rights, the right to license use once again, highlight, copy, adopt, skew, distribute, license, sell, transfer, display publicly, perform publicly, broadcast, circulate, transmit, access, promote and exploit otherwise the Member Content and through promotion or commercialization of the Site, Application and Services. GRASFiN do not claim any ownership rights for any Member Content and none of these terms should restrict any rights that you may need to use and take advantage for any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, the Application and Services. Therefore, you represent and guarantee that: (1) you are the absolute and exclusive owner of all Member Content that you make available through the Site, the Application and the Services or you have all rights, licenses, consents and releases that are necessary so that  GRASFiN can give you the rights of such Member Content as provided by these Terms and (2) neither the Member Content nor the publication, uploading, disclosure, submission or transmission of Member Content or use of the Member Content from GRASFiN (or any part thereof) in or through the Site, Application and Services will conflict, abuse, or violate third party patent, copyright, trademark, trade secret, moral rights or other proprietary rights or intellectual property rights or rights of publicity or privacy or would cause a breach of any applicable law or regulation. 

Links

The Site, the Application and the Services may contain links to websites or third party sources. You acknowledge and agree that GRASFiN is not responsible or liable for: (1) the availability or accuracy of such websites and sources or (2) the content, products or services available on such websites or resources. The links to such websites or resources do not imply GRASFiN’s support for such websites or resources or the content, products or services available on such websites or resources. You accept full responsibility and undertake all risks involved in using such sites or resources or the content, products or services available on such websites or resources.

Some sections of GRASFiN platform apply mapping services from GoogleMaps / Earth, including in the GoogleMapsAPI (s). Using Google Maps / Earth are subject to Google's Terms of Use.

Property Rights Notifications

All trademarks, service marks, logos, trade names or other proprietary designations of GRASFiN used herein are trademarks or registered trademarks of GRASFiN any other trademarks, service marks, logos, trade names or other proprietary designations are trademarks or registered trademarks of GRASFiN’s respective persons.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improving the Site, Application and Services ("Feedback"). You can submit Feedback via email, through the section "Contact" of the Website and the Application or any other means of communication. You acknowledge and agree that all Feedback you give us will be in the sole and absolute property of GRASFiN and hereby assign irrevocably to GRASFiN and agree to assign irrevocably to GRASFiN all rights, titles and interests of all Feedback, including but not limited only to, all global patents, copyright, trade secret, moral and other property or intellectual property rights to them and to give up any moral rights you may have in such Feedback. At the request and at the expense of GRASFiN, will execute documents and take further action as GRASFiN can reasonably ask you to help the GRASFiN acquire, refine and maintain intellectual property rights and other legal protections for Feedback.

Copyright Policy

GRASFiN respects law copyright and expects its users to do the same. It is GRASFiN policy to terminate in appropriate circumstances GRASFiN Accounts of Members or other account holders who repeatedly infringe or it is believed to have repeatedly violate the rights of copyright holders. Please see GRASFiN Copyright Policy for further information.

Suspension, Termination and Cancellation of GRASFiN Account 

We can, in our sole discretion and without liability to you, with or without cause, with or without notice and at any time, decide to restrict, suspend, deactivate or cancel your GRASFiN Account. If at our discretion under these Terms do all or some of the following, those may occur with or without warning or explanation to you: (1) your GRASFiN account will be deactivated or suspended, your password will be disabled and you will not have access to the Website, the Application, the Services, your GRASFiN Account, the Member Content or get help from GRASFiN’s Customer Service, (2) any pending or future accepting bookings either as a Host or as a Guest will be terminated immediately, (3) we can communicate with the Guests or the Hosts that a potential or a confirmed booking is canceled, (4) we can return to the Guests the full amount of money for any and all confirmed bookings, regardless of preexisting cancellation policies, (5) we can communicate with the Guests to inform them about any alternative accommodation at other Hosts who may be available from the website, the Application and the Services and (6) you will not be entitled to any compensation for the bookings (even if it is confirmed) that have been canceled as a result of the suspension, deactivation or closure of your GRASFiN Account. You can cancel your GRASFiN Account at any time through the "Account Cancel" function of the Services or by sending an e-mail. Please note that if your GRASFiN account is canceled, we have no obligation to delete or return to you any Content that you have posted on the Website, the Application and the Services, including but not limited to, any reports or feedback.

Disclaimers

If you choose to use the Site, the Application, the Service or the Collective Content or participate in the Referral Program, you do so at your sole responsibility. You acknowledge and agree that GRASFiN is not obliged to conduct background check or checks of registered sex offenders for any member, including but not limited to, Guests and Hosts, but may conduct such background check or check of registered sex offenders in its absolute discretion. The Site, the Application, the Services, the Collective Content and the Referral Program is provided "as is" without guarantee of any kind, either explicitly or implicitly. Without limiting to the foregoing, GRASFiN expressly disclaims any guarantees of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any guarantees arising from a course of dealing or usage of trade. GRASFiN does not guarantee that the Site, the Application, the Services, the Collective Content, including, but not limited to, the Entries or any Accommodations or Referral Program will meet your requirements or be available on an uninterrupted, secure and error-free basis. GRASFiN does not guarantee about the quality of any Entry, Accommodation, Host, Guest, GRASFiN’s Travel Units increase, Services or Collective Content or the accuracy, timeliness, honesty, reliability each Collective Content obtained through the Website, the Application, Services or the Referral Program.

No advice or information, whether oral or written, obtained from the Site, the Application, the Service or Collective Content; do not create a guarantee expressly herein. 

You are solely responsible for all your communications and interactions with other users of the Site, Application or Services with other people with whom you communicate or interact as a result of using the Site, Application or Services, including, but not limited only to, each Guest and Host. You understand that GRASFiN makes no attempt to confirm statements made by the users of the Site, Application or Services or to review or visit any Accommodations. GRASFiN does not represent or guarantee as far as to the behavior of users on the Site, Application or Services or harmony with any current or future user of the Site, Application or Services.

You agree to take reasonable precautions to all communications and interactions with other users of the Site, Application or Services and with other people with whom you communicate or interact as a result of using the Site, Application or Services, including, without limited to, the Guests and Hosts, particularly if you decide to meet Offline or in private regardless of whether these meetings are organized by GRASFiN. Despite GRASFiN’s assignation as a Restricted Payments Collection Representative for Hosts, in order to accept payments from their guests on behalf of Hosts, GRASFiN expressly disclaims all liability for any act or omission of each Guest or other third party. 

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your access and use of the Website, the Application, the Service and the Collective Content, the Entries or Bookings of each Accommodation through the Website, the Application and the Services, your participation in the Referral program and any contacts with other users of GRASFiN either in person or Online, is yours. Neither GRASFiN nor any other party involved in creating, producing or delivering the Site, Application, Services, Collective Content or Referral Program will be responsible for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer disaster or system failure or cost of substitute products or services, or for any personal or physical injury or emotional distress arising or in connection with these terms of use or the inability to use the Site, Application, Services or the Collective Content from any communications, interactions or meetings with other users of the Site, Application or Services or other persons with whom you communicate or interact as a result of using the Site, Application , the Services or your participation in the Referral program or from the Entries or booking of any Accommodation through the Website, the Application and Services whether those are based on guarantee, contract, offense (including negligence), product liability or any other legal theory, and regardless of whether the GRASFiN advised of the possibility of such damage, nor even in the case it sets some compensation through this and has failed its essential purpose. 

Apart from our obligations to pay the amounts for Hosts in accordance with these Terms or an equivalent request for payment under the GRASFiN’s Host Guarantee, in no event GRASFiN has not overall responsibility arising in connection with these Terms and the use you make on the Website, the Application and Services, including but not limited to, from the Entries or Booking any Accommodation through the Website, the Application and Services or from the use or inability to use the Site, Application, Services or Collective Content or participation in Referral program and in connection with any accommodation or interaction with some other Members, or when you exceed the amounts you paid or owe for bookings through the Website, the Application and the Services as a Guest during twelve (12) months before the time that the responsibility derived or if you are a Host the amounts paid by GRASFiN to you during twelve (12) months before the time that the responsibility derived or hundred euros (€ 100), if it has not made such payment, where applicable. Limitations on the damage mentioned above are fundamental elements of the basis of negotiations between GRASFiN and you. Some regions do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation may not apply to you in these regions.

Compensation

You agree to release, defend, indemnify and hold GRASFiN and its affiliates and subsidiaries and the officers, directors, employees and agents, harmless against any claims, liabilities, damages, losses, and expenses, including, without limitation, from reasonable legal and accounting fees, arising from or in any way related to (1) your access or use of the Site, Application, Services or the Collective Content or your violation of these Terms, (2) the Members Content, (3) (3.1) your interaction with other Members, (3.2) the Accommodation booking or (3.3) the creation of an Entry, (3.4) the use, situations or rent an Accommodation by you, including but not limited to, any injuries, losses or damages (indemnity, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of rental, booking or use of an Accommodation and (3.5) your participation in the Referral Program or the collection of GRASFiN’s Travel Units.

Reporting Misconduct 

If you stay or host someone who you feel that is behaving or has behaved inappropriately, including but not limited to, the one that (1) engages in offensive, violent and sexually inappropriate behaviors, (2) you suspect he/she steals you or (3) engages in other annoying behaviors, you should immediately report this person to the appropriate authorities and then to GRASFiN, contacting us with the number of the police station and the reference on condition that your report will not force us to take any action beyond that required by law (if any) or assume any liability to you. 

Complete Agreement

These Terms constitute the complete and exclusive understanding and agreement between GRASFiN and you with respect to the Website, the Application, Services, the Collective Content and any bookings or Accommodation Entries which are made through the Website, the Application and Services and these Terms supersede and replace any and all prior oral or written understandings and agreements between GRASFiN and you regarding bookings or Accommodation Entries, the Site, Application, Services and the Collective Content.

Assignment

You may not assign or transfer these Terms of law or otherwise, without prior written approval from the GRASFiN. Any attempt by you to assign or transfer these Terms without such approval will be null and void. GRASFiN may assign or transfer these Terms in its sole discretion, without restrictions. Notwithstanding the foregoing, these Terms will bind and apply to the benefit of the parties, their successors and permitted versions.

Notifications

Any warnings or other communications permitted or required by the following, including those related to changes to these Terms will be in writing and will be given by GRASFiN (1) via email (in each case to the address we provide) or (2) by posting them on the Website or through the Application. For notifications made by email, the date of receipt is deemed to be the date on which the notice is transmitted.

Dispute Resolution

You and GRASFiN agree that any dispute, claim or controversy arising from or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or for the use of the Services or use of the Site or application (collectively "Disputes”) shall be resolved by binding arbitration, unless each party reserves the right to require insurance or other equitable relief to the competent court to prevent actual or threatened attack, Abuses or violations of copyright, trademarks, trade secrets, patents or other intellectual property rights of a party. You acknowledge and agree that you and GRASFiN give up the right to trial by jury or to participate as a plaintiff or of category member in any purported action or representative proceeding. Further, if both you and GRASFiN agree otherwise in writing, the arbitrator may not consolidate more than one individual requirements and cannot direct differently every form of any category or representative proceeding. If this paragraph held unenforceable, then the entirety of "Dispute" section will be considered void. Except as provided in the preceding sentence, this section "Dispute" will survive regardless of any outcome of these Terms.

Contact with GRASFiN

If you have any questions regarding the Terms or any Application, please contact GRASFiN at help@grasfin.com.