GUEST SPECIFIC TERMS & CONDITIONS
These Guest Specific Terms & Conditions (“ Guest Terms ”) is additional to Terms of Service (“Terms”) and among from is applicable to third parties (“Guests”) who seeking to book such services offered by hosts (“ Host Services ”) (Members offering Host Services are “Hosts”). Therefore, any obligations provided hereunder for Guests are additional to those provided under the Terms or other related guidelines, policies, terms and law and in no manner can be interpreted as exclusionary.
These Guest Terms constitute a legally binding agreement ("Agreement") between you and Yupe (as defined below) governing your access to and use of the Yupe website, including any subdomains thereof, and any other websites through which Yupe makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Yupe Services"). The Site, Application and Yupe Services together are hereinafter collectively referred to as the “Yupe Platform”. The platform that allows travelers to purchase products and/or services from the Host is referred to as the “Yupe Market”. The loyalty program through which Yupe users earn points referred to as “Yupee” (Yupe’s currency that is fixed to Euro) by traveling and/or referral is referred to as “Yupemate”.
When these Terms mention “Yupe,” “we,” “us,” or “our,” it refers to the Yupe company you are contracting with.
Publish of such Host Services to offer for rent in a variety of pricing formats, a specific vacation or short-term rental property to potential Guests on the Yupe Platform shall be referred to as “Listings”.
For the purposes of these Guest Terms, except as otherwise expressly provided, these Guest Terms is to be interpreted in line with the Terms.
Guests accept and acknowledge that to the extent that it is applicable, Terms, Host Terms and other related terms and conditions, guidelines, policies and related applicable law shall apply to themselves.
1. Terms applicable to all bookings
1.1. Subject to meeting any requirements (such as completing any verification processes) set by Yupe and/or the Host, you can book a Listing available on the Yupe Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking which you request.
1.2. Upon receipt of a booking confirmation from Yupe, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable Payment and Cancellation Policy and any rules and restrictions specified in the Listing. Yupe will collect the Total Fees at the time of the booking request or upon the Yupe’s confirmation. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments. Instead of paying the accommodation fee online by credit card, Guests may choose to pay on arrival as well subject to the Payment and Cancellation Policy.
1.3. If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to the Terms, Guest Terms, and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in a Host Service if accompanied by an adult who is responsible for them.
2. Booking Accommodations
2.1. You understand that a confirmed booking of an Accommodation (“ Accommodation Booking ”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
2.2. You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Yupe to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
3. Host Services
3.1. You should carefully review the description of any Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact performance of any Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Host Service.
4. Booking Modifications, Cancellations and Refunds
4.1. Hosts and Guests are responsible for any modifications to a booking that they make via the Yupe Platform or direct Yupe customer service to make (" Booking Modifications "), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
4.2. If a Host cancels a confirmed booking, then the Guest will receive a full refund of the Total Fees for such booking. Further, Yupe may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Yupe may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking.
4.3. Guests can cancel a confirmed booking at any time pursuant to the Listing’s Payment and Cancellation Policy set by the Host, and Yupe will transfer the amount of the Total Fees due to the Guest, in accordance with such Payment and Cancellation Policy . Unless valid reasons which should be substantiated to Yupe’s approval exist, any portion of the Total Fees due to the Host under the applicable Payment and Cancellation Policy will be remitted to the Host by Yupe.
4.4. In certain circumstances, Yupe may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be (i) where Yupe believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Yupe, other Members, third parties or property, or (ii) for any of the reasons set out in the Terms.
4.5. If a Guest or Yupe cancels a confirmed booking, and the Guest receives a refund after the Host has already been paid, Yupe will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future payouts due to the Host.