HOST SPECIFIC TERMS & CONDITIONS

These Host Specific Terms & Conditions (“ Host Terms ”) is additional to Terms of Service (“Terms”) and among from is applicable to third parties (“Hosts”) who offer services (“Host Services”) to Yupe’s registered users (“Members”) that are seeking to book such Host Services (Members using Host Services are “Guests”). Therefore, any obligations provided hereunder for Hosts 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 Host 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 Host Terms, except as otherwise expressly provided, these Host Terms is to be interpreted in line with the Terms.

 

Hosts accept and acknowledge that to the extent that it is applicable, Terms, Guest Terms and other related terms and conditions, guidelines, policies and related applicable law shall apply to themselves.

 

The words commencing with an initial but not defined herein shall have the meaning ascribed to them under the Terms of Service.

 

1.     Host Representations

 

1.1.         Each Host represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, a rental property and will upon request, or otherwise from time to time, review the property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) it will not wrongfully deny access to the listed property; and (v) it will not fail to provide a refund when due in accordance with the applicable Payment and Cancellation Policy or underlying rental agreement. In addition, if Yupe, through one of its guarantee or warranty programs and in its sole discretion, compensates a Guest for a loss caused by acts or omissions attributable to a member, Yupe reserves the right to pursue the member for the amount paid or contributed towards the loss.

 

1.2.         Upon our request, each Host agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Yupe Platform, and/or proof of authority to list the property.

 

2.      Terms applicable to all Listings

 

2.1.         When creating a Listing through the Yupe Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply to such Host Services and (iii) provide any other pertinent information requested by Yupe. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

 

2.2.         You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request .


2.3.         Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Host Terms and Terms or the relevant Payment and Cancellation Policy for your Listing.

 

2.4.         Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. Yupe reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

 

2.5.         The placement and ranking of Listings in search results on the Yupe Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history and other relevant factors.

 

2.6.         When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.

 

2.7.         Yupe recommends that Hosts obtain appropriate insurance for their Host Services.

2.8.         Payments to Hosts for Online Payment reservations are made on the  Guest’s check out day. Payments arrive within 15 days.

 

3.      Listing Accommodations

 

3.1.         Unless expressly allowed by Yupe, you may not list more than one Accommodation per Listing.

 

3.2.         If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Yupe Platform.

 

3.3.         You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.

 

4.      Content, Layout and Copy.

 

4.1.         All content and copy edits submitted by Guests are subject to review and approval by us in our sole discretion.  We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Host Terms, Terms or is otherwise unacceptable to us.  However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must be in compliance with these Host Terms, Terms and applicable law. We reserve the right to edit content submitted to the Yupe Platform in a non-substantive manner solely to ensure that the content complies with our requirements.

 

5.      Photographs

 

5.1.         Photographs should depict the vacation rental subject to the Host Service as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.

 

5.2.         By submitting a photograph to us, the member represents and warrants that (a) it holds all intellectual property rights, (b) that any people in the photograph have given permission to be displayed in an online advertisement on the Yupe Platform, (c) that the photograph accurately and fairly represents the subject of the photograph, and (d) that it will indemnify and hold harmless the Yupe from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.

 

5.3.         Each Host further agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the Site. 

 

6.      Taxes

 

6.1.         As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

 

6.2.         Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.

 

6.3.             You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").

 

6.4.         You agree that any claim or cause of action relating to Yupe's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Yupe in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Yupe from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

 

6.5.         Yupe reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.

 

7.      Termination of Listings and Other Remedies.

 

7.1.         If, in our sole discretion, any Host submits unsuitable material to our Yupe Platform or into our database, is not abiding by local rental regulations and is creating a nuisance in its community, misuses the Yupe Platform or is in material breach of these Host Terms, Terms and other applicable terms and guidelines and law, we reserve the right to limit the Host’s use of the Yupe, impact the Listing(s)’ search position, and/or terminate such Host’s Listing immediately without refund. In addition, if we become aware of or receive a complaint in respect of a Host’s Listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Yupe Platform, then we may immediately terminate such Host’s Listing(s) without notice and without refund.  We assume no duty to investigate complaints.  Finally, if any Host is abusive or offensive to any employee or representative of the Yupe, we reserve the right to terminate such Host’s Listing(s) immediately without refund.

 

7.2.         In addition to reserving the right to terminate any Listing, Yupe reserves all rights to respond to any violation of the Host Terms, Terms, other related terms and guidelines and/or misuse of the Yupe Platform by, including, but not limited to, hiding a Listing from the search results, removing or changing information that may be false or misleading.

 

7.3.         Additionally, you agree to defend and indemnify Yupe, its affiliated companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

Ø  your breach of these Host Terms, Terms, other applicable terms, policies, guidelines   and other related provisions which you are obliged to comply with;

Ø  your violation of any law or the rights of a third party; or

Ø  your use of Yupe Platform.