Host Terms of Service
Last revised: 02/28/2023
These Host Terms of Service (the "Host Terms"), in addition to the BookOutdoors Terms of Service (the "Terms" and together with the Host Terms, the "Agreement"), govern your use of the Services as a Host. Capitalized words used but not defined in these Host Terms have the meanings set forth in the Terms.
"Host Services" are those services offered or otherwise made available by BookOutdoors and its affiliates and subsidiaries to Hosts who intend to make a Listing of a Property through BookOutdoors' Services.
By using the Host Services, you agree to be bound to these Host Terms, which together with the Terms, constitute a legally binding contract. If you are accepting these Host Terms and using the Host Services on behalf of a company, partnership, organization, sole proprietorship or other legal entity (a "Organization"), you represent and warrant that you are authorized to do so and have the authority to bind such Organization to these Host Terms, in which case the words "you" and "your" as used in this Agreement shall refer to such Organization.
ANY AGREEMENT YOU ENTER INTO WITH A GUEST, WHETHER IN CONNECTION WITH A RESERVATION OR OTHERWISE, IS SOLELY BETWEEN YOU AND SUCH GUEST, AND BOOKOUTDOORS IS NOT AND SHALL NOT BE A PARTY THERETO.
Property Listings. If intend to advertise a Property as a Host, you may create a Listing or claim an existing Listing of such Property by providing the pricing and availability for such Listing either: (a) directly on the Services and in accordance with the functionality of the Services; or (b) through a property management software application integrated with the Services ("PMS App"). All other information related to such Listing, including but not limited to the Property Policies, and the location and images of the Property, must be provided either (a) directly on the Services and in accordance with the functionality of the Services; or (b) through BookOutdoors' support team. If information for a Listing is provided through a PMS App, you hereby authorize BookOutdoors to use such information for the purposes of the Listing and you agree that your account with the PMS App is a Third-Party Account, and the information you provide through such Third-Party Account is Registration Data, for the purposes of the Terms. Listings are made publicly available on our Site. You acknowledge and agree that you are responsible for any and all Listings you make available through either mechanism and you are solely responsible for keeping such Listings accurate and up-to-date. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing or integration with any PMS App for any reason.
Availability and Management of Reservations. You may provide your own schedule of availability for your Property. If you create a Listing directly through the Services as described in Section 1 (not through a PMS App) and receive a request for Reservation from a Guest for such Listing, (each a "Reservation Request"), you may accept or reject any Reservation Request through the Services. You shall be solely responsible for determining which Reservation Requests you accept or reject. If you create a Listing through a PMS App, a Reservation Request for such Listing will be automatically accepted.
3.1 Listing Rates. You are solely responsible for setting the nightly rate for any Listing of your Property. Once a Guest makes a Reservation Request through the Services, you shall not modify such rate in connection with such Reservation Request. Once the Reservation Request is accepted, the terms of such Reservation Request, including the payment terms, are binding on you.
3.2 Host Services Fee. You shall be responsible for the payment of the applicable fee or commission for any Host Services (each, a "Service Fee") at the time such fees are incurred or otherwise as set forth on or in connection with your use of the Host Services. Service Fees may be subject to change from time to time upon prior notice to the Hosts. Except as set forth in the Agreement, all Service Fees are non-refundable.
4.1 Payments. When a Guest makes a Reservation, BookOutdoors shall collect payment for such Reservation from the Guest on behalf of the applicable Host and shall remit such amount, less any applicable Service Fees or other applicable taxes and fees, to the applicable Host in accordance with BookOutdoors' then-current policies and procedures, or otherwise agreed in writing with the applicable Host. At the time of check-in or at another time, a Host may collect credit card information from the Guest to cover certain charges for incidentals and other charges related to the Property and Reservation (e.g., general store, utilities, etc.).
4.2 Appointment as Limited Payments Agent. In connection with payments processed by BookOutdoors under this Agreement, Host hereby appoints BookOutdoors as the limited payment collection agent of Host for the limited purpose of accepting payments from Guests on behalf of such Host. BookOutdoors will process such payments and settle payments to Host that are actually received by BookOutdoors, less any amounts owed to Host, including taxes, fees, and other obligations (including any Service Fees), and subject to the terms of this Agreement. Host agrees that a payment received by BookOutdoors on behalf of Host satisfies the Guest's obligation to make payment to Host, regardless of whether BookOutdoors actually settles such payment to Host. If BookOutdoors does not settle any such payments as described in this Agreement to Host, Host will have recourse only against BookOutdoors and not the Guest, as payment is deemed made by Guest to Host upon constructive or actual receipt by BookOutdoors. In accepting this appointment as Host's limited payments agent, BookOutdoors assumes no liability for any acts or omission by Host, and Host understands that BookOutdoors' obligation to settle funds to Host is subject to and conditional upon the Guest's actual payment.
Subverting the Services. The value of the Services rests in its thriving marketplace for Guests and Hosts. You may not arrange for the Reservation of a Listing, or the direct payment of fees by Guests to you, outside the context of the Site or Services, or otherwise attempt to circumvent your obligations under this Agreement. You agree that you will not communicate with Guests for the purposes of coordinating logistics for a given Reservation. Without limiting the foregoing, you agree that you will not (and will not permit any third party to) (i) use Guest information to contact customers (except as permitted herein) or share it with any third-party, or (ii) advertise to Guests or provide links that prompt users to visit any external website, or (iii) use the Site and/or Services to collect, harvest, transmit, or distribute any information concerning any Guest, including personal contact information or credit card, debit or calling card, or account numbers.
Compliance. YOU ARE SOLELY RESPONSIBLE FOR UNDERSTANDING AND COMPLYING WITH THE LAWS IN THE JURISDICTION OF YOUR PROPERTY. SOME JURISDICTIONS MAY REQUIRE REGISTRATION AND CERTAIN LICENSING AND PERMITS IN CONNECTION WITH THE OFFERING OF YOUR PROPERTY THROUGH A LISTING OR OTHER USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL SUCH COMPLIANCE.
Representation and Warranties. You represent and warrant that any Listing you post and any subsequent Reservation (and use) of a Property: (i) will not breach any agreements you have entered into with any third party, such as lease or rental agreements, and (ii) will (a) comply with all applicable laws, tax requirements, and rules and regulations that may apply to such Property (including having all required permits, licenses and registrations), and (b) not conflict with the rights of any third party. BookOutdoors assumes no responsibility for your compliance with any agreements with or duties to third parties or any applicable laws, rules and regulations. PLEASE REVIEW ALL APPLICABLE LAWS, RULES AND REGULATIONS BEFORE USING THE HOST SERVICES AND/OR LISTING A PROPERTY.
Insurance. You understand and agree you will obtain appropriate insurance for your Property. Please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests on your Property and any injuries to such Guests.
Eligibility. In order to be eligible to use the Host Services, you must: (i) maintain adequate insurance in accordance with Section 8; (ii) never have been convicted of a felony in any jurisdiction; (iii) at all times comply with all applicable laws, rules, regulations, and ordinances, including any local laws and ordinances related to your Property, as well as the Agreement; and (iv) ensure the rates and availability of each Listing provided on the Site are accurate at all times.
Relationship of Parties.
10.1 Independent Contractor. You acknowledge and agree that BookOutdoors' responsibilities to you are limited to: (i) facilitating the availability of the Site and Services in accordance with the Agreement and (ii) serving as the limited payment collection agent of Hosts in certain instances for the sole purpose of accepting payments from Guests on behalf of the Hosts of such amounts stipulated by the Hosts. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between BookOutdoors and you. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving BookOutdoors that is inconsistent with your being an independent contractor (and not an employee) of BookOutdoors. You are not the agent of BookOutdoors and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of BookOutdoors.
10.2 No Benefits. Without limiting the generality of Section 10.1, you are not entitled to or eligible for any benefits that BookOutdoors may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because you are an independent contractor, BookOutdoors will not withhold or make payments for social security or payroll taxes of any kind, make unemployment insurance or disability insurance contributions, or obtain workers' compensation insurance on your behalf, nor will you be entitled to any of the foregoing. If, notwithstanding the foregoing, you are reclassified as an employee of BookOutdoors, or any affiliate of BookOutdoors, by the U.S. Internal Revenue Service, the U.S. Department of Labor, Her Majesty's Revenue and Customs (HMRC), or any other federal, national, state or foreign agency (in each case, as applicable) as the result of any administrative or judicial proceeding, you agree that you will not, as the result of such reclassification, be entitled to or eligible for, on either a prospective or retrospective basis, any employee benefits under any plans or programs established or maintained by BookOutdoors. In addition, you waive any and all rights, if any, to participation in any of the fringe benefit plans or programs including, but not limited to, health, sickness, accident or dental coverage, life insurance, disability benefits, severance, accidental death and dismemberment coverage, unemployment insurance coverage, workers' compensation coverage, and pension or 401(k) benefit(s) provided by BookOutdoors to its employees.
10.3 Taxes. Without limiting the generality of Section 10.1, you are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from payments to you under this Agreement, and you agree to do so in a timely manner. If applicable, BookOutdoors will report the payments paid to you under this Agreement by filing any forms, including Internal Revenue Service forms, as required by applicable law. You will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.
Disclaimers. You are solely responsible for your own acts and omissions and the acts and omissions of any individuals who are otherwise present on the Property at your request or invitation, including any Guests and the invited guests of such Guests. YOU AND BOOKOUTDOORS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT, THE SERVICES OR THE HOST SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT BOOKOUTDOORS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BOOKOUTDOORS LIABLE, FOR THE CONDUCT OR OPERATION OF ANY PMS APP OR BOOKOUTDOORS' INTEGRATION WITH IT, INCLUDING ANY DOWNTIME, UNAVAILABILITY, INACCURACIES, ERRORS OR DELAYS CAUSED BY ANY PMS APP OR THE INTEGRATION WITH ANY PMS APP.