Terms of Service

Users are advised to study these Terms of Service (“Terms”) thoroughly as they include relevant information about your (“Users”) legal rights, remedies and obligations. By accessing or using the BeMiGuest Platform, you (“Users”)  agree to comply with and be bound by all the Terms mentioned here.

Please note: Section 19 of these Terms comprises of an arbitration clause along with a class action waiver that applies to all BeMiGuest Members. If your country of residence is the United States, this provision pertains to all disputes with BeMiGuest. Thank you.

These Terms comprises of a legally irrevocable agreement (“Agreement“) between the users and BeMiGuest (as defined below) governing the user’s access to and use of the BeMiGuest website, inclusive of any subdomains thereof, and any additional websites via which BeMiGuest makes its services accessible (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively called , “Application“) and all associated services (collectively called, “BeMiGuest  Services“). Also, the Website, Mobile Application and BeMiGuest Services together are hereinafter as a whole referred to as the “BeMiGuest  Platform”.

When ever the Terms mention “BeMiGuest,” “we,” “us,” or “our,” it refers to the BeMiGuest (“BeMiGuest”) 1913 Glen Eagles Drive, Pottstown, Pennsylvania, U.S. 19464

Irrespective of  what your country of residence or establishment is you are contracting with BeMiGuest, Pennsylvania, United States.

We have described everything related to our collection & utilization of our users’ personal information in connection to the BeMiGuest platform in our Privacy Policy.

Hosts are solely responsible when it comes to identifying, understanding & complying with all the rules, laws & regulations which are applicable to their Listings & the Host Services (defined below). For an instance: some cities have strict laws which restrict the ability of the Hosts to host paying guests on the other hand, in some of the cities the hosts have to themselves registered, get a permit/licence which enables them to proffer hosting services such as preparing food, serving liquor for sale etc. Hence, Hosts are alone responsible when it comes to identifying & obtaining any necessary licences or permits or even the registrations for any Host Services which they can offer. Moreover, there are certain services which are banned altogether. In our Help Center, we provide some important information to help you identify some of the obligations that apply to you. If you have any questions or doubts about how & which local laws apply to your Listing(s) or Host Service(s) on BeMiGuest, you should always seek legal guidance to keep yourself out of any legal trouble.

Table of Contents

  1. Scope of BeMiGuest Services
  2. Eligibility, Using the BeMiGuest Platform, Member Verification
  3. Modification of these Terms
  4. Account Registration
  5. Content
  6. Service Fees
  7. Terms specific for Hosts
  8. Terms specific for Tenants
  9. Booking Modifications, Cancellations and Refunds, Resolution Center
  10. Ratings and Reviews
  11. Damage to Accommodations, Disputes between Members
  12. Rounding off, Currency conversion
  13. Taxes
  14. Prohibited Activities
  15. Term and Termination, Suspension and other Measures
  16. Disclaimers
  17. Liability
  18. Indemnification
  19. Dispute Resolution
  20. Feedback
  21. Applicable Law and Jurisdiction
  22. General Provisions

  1. Scope of BeMiGuest Services

1.1 The entire BeMiGuest Platform is an online marketplace that facilitates designated users (“Members”) to offer services (Members and third parties who offer services are called “Hosts” and the services which they offer are referred to as “Host Services”) along with certain third parties to publish such Host Services on the BeMiGuest Platform (known as “Listings”) and to interact and transact directly with Members that are soliciting to book such Host Services (Members using Host Services are called “Tenants”). The Host Services may constitute the offering of a holiday or other properties for use (“Accommodations“).

1.2 BeMiGuest does not own, create, sell, resell, give, control, maintain, offer, deliver, or supply any of the  Host Services or Listings. It is just the provider of the BeMiGuest Platform. Also, BeMiGuest is not an organiser or retailer of any form of travel packages. Only the Hosts are accountable for their Listings and Host Services. Whenever any of the Members make/accept a booking, they bind themselves into a contract directly with each other. BeMiGuest is not and does not trans forms into a party to or different participant in any form of a contractual relationship between Members. BeMiGuest is not a real estate broker or insurer.

1.3  BeMiGuest may help promote the resolution of conflicts, but we have no control over and we do not ensure (i) the presence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the authenticity or correctness of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. BeMiGuest does not support any Member, Listing or Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has finished a relevant attestation or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by BeMiGuest about any Member, including of the Member’s identity or background or whether the Member is reliable, safe or suitable. Every user should always practice due diligence and caution when deciding whether to stay in an Accommodation, or take part in an Experience or Event or utilise other Host Services, affirm a booking application from a Tenant, or interact with other Members, whether online or in person. Validated Images (as defined below) are meant only to designate a photographic reproduction of a Listing at the time the photograph was taken, and are therefore not an advertisement by BeMiGuest of any Host or Listing.

1.4 If you decide to use the BeMiGuest Platform as a Host or Co-Host (as defined below), your involvement with BeMiGuest is restricted to being an independent, third-party contractor, who is not an employee, agent, joint venturer or partner of BeMiGuest  for any cause, and you act completely on your own behalf and for your own interest & gain, and not on account, or for the benefit, of BeMiGuest . BeMiGuest does not, and shall not be considered to, direct or control you commonly or in your performance under these Terms explicitly, including in conjunction with your terms of the Host Services. You accept that you have comprehensive discretion whether to list Host Services or otherwise involved in other business or employment movements.

1.5 To promote the BeMiGuest  Platform and to expand the exposure of Listings to possible Tenants or Listings and other Member Content may be showcased on other websites, in applications, within emails, and in online and offline publications in accordance with Section 5.

1.6 The BeMiGuest Platform may include links to third-party websites and resources (“Third-Party Services”). Such Third-Party Services may be subjected to separate terms and stipulations and privacy practices. BeMiGuest is not obligated or answerable for the availability or accuracy of such Third-Party Services, or the content, products, or services accessible from such Third-Party Services. Links to such Third-Party Services are not the advertisement by BeMiGuest of such Third-Party Services.

1.7 Because the Internet and telecommunications infrastructure are beyond our control, BeMiGuest is not liable for any form of outages or disruptions in the availability of the BeMiGuest Platform. BeMiGuest may, provisionally and under the scope of the Members’ rightful interests (e.g. by providing prior notice), modify the availability of the BeMiGuest Platform or specific areas or features thereof, if this is significant in view of capacity borders, the safety or integrity of our servers, or to carry out maintenance measures that ensure the proper or enhanced functioning of the BeMiGuest  Platform. Section 17 (Liability) remains unchanged. BeMiGuest may improve and enhance the BeMiGuest Platform and include new BeMiGuest  Services over time. BeMiGuest will present notice to Members of any alterations to the BeMiGuest Platform unless such modifications are of insignificant nature without having a material influence on the parties’ contractual obligations.

2. Eligibility, Using the BeMiGuest  Platform, Member Verification

2.1 You must be a person at least 18 years old or a properly organized, validly existing business or organization or other legal entity with a good reputation under the laws of the country you are listed, in order to access and utilise the BeMiGuest Platform or enrol a BeMiGuest  Account.

2.2 You will comply with each and every suitable export control laws in your regional jurisdiction. You also signify and assure that (i) neither you nor your Host Service(s) is established or take place in a country that is subject to a U.S. Government restriction, or that has been charged by the U.S. Government as a “terrorist supporting” country, plus (ii) you are not registered on any U.S. Government list of forbidden or restricted parties.

2.3 BeMiGuest may make way to and use of the BeMiGuest Platform, or specific areas or features of the BeMiTenant Platform, subjected to specific conditions or specifications.

2.4 User confirmation on the Internet is challenging and we do not assume any accountability for the validation of any Member’s identity. Notwithstanding the above, for clarity and fraud blocking purposes, and as authorised by applicable laws, we may, but have no responsibility to (i) ask Members to give a form of government verification or other information or undertake additional checks designed to help check the identities or backgrounds of Members, (ii) screen Members against third party databases or any other sources and demand reports from service providers, and lastly (iii) where we have adequate erudition to identify a Member, obtain reports from public reports of criminal convictions or sex offender filings or an equivalent version of background or registered sex offender checks in the users local jurisdiction (if it is  available).

2.5 The access to or usage of areas and features of the BeMiGuest Platform may be subjected to distinct policies, rules or guidelines, or may require that you accept added terms and conditions before you can access the appropriate areas or features of the BeMiGuest Platform. If there is any sort of disagreement between these Terms and terms and conditions suitable to a particular area or feature of the BeMiGuest  Platform, the latter terms and conditions will outweigh with respect to the member’s access to or use of that area or feature, unless stipulated otherwise in the following terms and conditions.

2.6 If any Member access or download the Mobile  Application from the Apple App Store, they acknowledge Apple’s Licensed Application End User License Agreement. Some sections of the BeMiGuest Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your usage of Google Maps/Earth is subjected to the Google Maps/Google Earth Additional Terms of Service.

3. Modification of these Terms

BeMiGuest lawfully holds the authority to alter these Terms at any time in accordance with this provision. If BeMiGuest makes alterations to these Terms, we will post the revised Terms on the BeMiGuest  Platform and update the “Last Updated” date at the top of the Terms mentioned. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you object with the revised Terms, you may cancel this Agreement with an instant effect. We will notify you about your right to terminate the Contract in the announcement email. If you do not cancel your Agreement before the date the amended Terms become effective, your continued usage of or access to the BeMiGuest  Platform will constitute reception of the revised Terms.

4. Account Registration

4.1 As a user of BeMiGuest, you need to register an account (“BeMiGuest Account“) to access and utilise specific features of the BeMiGuest Platform, such as broadcasting or booking a Listing. If you are creating a BeMiGuest  Account for a business, organization or other legal entity, you speak on behalf of and warrant that you have the authorisation to legally bind that entity and give us all approvals and licenses provided in these Terms.

4.2 An email address or any third-party social networking services, such as Facebook or Google (“SNS Account“) can also be used to register a BeMiGuest  Account. You have the capacity to disable the link between your BeMiGuest  Account and your SNS Account at any time, by reaching the “Settings” section of the BeMiGuest  Platform.

4.3 You must present correct, current and comprehensive information during the enrollment process and keep your BeMiGuest Account and public BeMiGuest Account profile page data up-to-date at all times.

4.4 You may not register more than one (1) BeMiGuest  Account unless BeMiGuest approves you to do so. You may not allow or otherwise assign your BeMiGuest  Account to a different party.

4.5 You are alone accountable for managing the confidentiality and safety of your BeMiGuest  Account credentials and may not reveal your credentials to any third party. You must promptly notify BeMiGuest if you acknowledge or have any reason to doubt that your credentials have been lost, stolen, misappropriated, or compromised or in case of any actual or suspected unlawful use of your BeMiGuest  Account. You are responsible for any and all actions conducted through your BeMiGuest Account unless such actions are not approved by you and you are not otherwise negligent.

4.6 BeMiGuest may facilitate features that enable you to approve other Members or any third-parties to take certain actions that influence your BeMiGuest  Account. For example, we may permit Members to link their BeMiGuest Accounts to businesses and take steps for those businesses, we may permit eligible Members or some third parties to book Listings on account of other Members, or we may permit Hosts to add other Members as Co-Hosts (as defined below) to help maintain their Listings. These features do not ask that you share your credentials with any other person. No third party is approved by BeMiGuest to request for your credentials, and you shall not ask for the credentials from any other member.

5. Content

5.1 BeMiGuest may, at its will, and by Admin Approval allow Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other matters and information on or over the BeMiGuest Platform (“Member Content“); and (ii) access and view other Member’s Content and any other content that BeMiGuest itself makes accessible on or through the BeMiGuest Platform, including exclusive BeMiGuest content and any content permitted or sanctioned for use by or through BeMiGuest from a third party (“BeMiGuest Content” and collectively with Member Content, “Collective Content“).

5.2 The BeMiGuest Platform, BeMiGuest Content, and Member Content may in its entirety or in part be guarded by copyright, trademark, and/or other laws of Pennsylvania, United States and other countries. You accept and agree that the BeMiGuest Platform and BeMiGuest Content, inclusive of all associated intellectual property rights, are the restricted property of BeMiGuest and/or its licensors or sanctioning third-parties. You will not alter, remove or hide any copyright, trademark, service mark or other exclusive rights notices fused in or accompanying the BeMiGuest Platform, BeMiGuest Content or Member Content. All trademarks, service marks, logos, trade names, and any other origin identifiers of BeMiGuest used on or in conjunction with the BeMiGuest Platform and BeMiGuest Content are trademarks or registered trademarks of BeMiGuest in the United States and abroad. Any form of Trademarks, service marks, logos, trade names and any other exclusive classifications of third parties used on or in association with the BeMiGuest Platform, BeMiGuest Content, and/or Collective Content are employed for identification purposes only and may be the property of their respective owners.

5.3 You will not utilise, copy, adapt, modify, prepare derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, showcase or otherwise exploit the BeMiGuest Platform or Collective Content, unless you are the legal owner of specific Member Content or as specifically authorised in these Terms. No licenses or rights are given to you by implication or otherwise under any intellectual property rights owned or managed by BeMiGuest or its licensors, except for the licenses and rights expressly allowed in these Terms.

5.4 Subject to your compliance with these Terms, BeMiGuest grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable permission to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made accessible on or through the BeMiGuest Platform and accessible to you, entirely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making accessible any Member Content on or through the BeMiGuest Platform, you allow to BeMiGuest a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable consent to such Member Content to access, use, store, copy, modify, prepare derivative works, distribute, publish, transmit, stream, broadcast, and otherwise utilise in any manner such Member Content to provide and/or promote the BeMiGuest Platform, in any media or platform. Insofar as Member Content (inclusive of Verified Images) includes personal information, such Member Content will only be used for these goals if such use complies with applicable data protection laws in compliance with our Privacy Policy. Unless you grant specific consent, BeMiGuest does not declare any ownership rights in any Member Content and nothing in these Terms will be considered to restrict any rights that you may have to use or exploit your Member Content.

5.6 BeMiGuest may offer Hosts the alternative of having trained photographers take photographs of their Host Services, which are made accessible by the photographer to Hosts to include in their Listings with or without any kind of watermark or tag displaying the words “BeMiGuest.com Verified Photo” or similar expression (“Verified Images“). You are accountable for ensuring that your Host Service is accurately portrayed in the Verified Images and you will cease using the Verified Images on or via the BeMiGuest Platform if they no longer accurately signify your Listing, if you stop hosting the Host Service featured, or if your BeMiGuest Account is dismissed or suspended for any reason. You accept and agree that BeMiGuest shall have the license to use any Verified Images in accordance with Section 5.5 for promotion, marketing and/or any other business purposes in any media or platform, whether in association to your Listing or otherwise, without further notice or compensation to you. Where BeMiGuest is not the private owner of Verified Images, by using such Verified Images on or through the BeMiGuest Platform, you grant to BeMiGuest an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in connection to your Listing or otherwise, without further notice or payment to you. BeMiGuest, in turn, awards you a limited, non-exclusive, non-sublicensable, revocable, non-transferable permission to use Verified Images outside of the BeMiGuest Platform individually for your personal and non-commercial use.

5.7 You are solely responsible for all Member Content that you make accessible on or through the BeMiGuest Platform. Therefore, you symbolise and warrant that: (i) you either are the sole and independent owner of all Member Content that you make available on or through the BeMiGuest Platform or you have all rights, licenses, consents and releases that are important to grant to BeMiGuest the rights in and to such Member Content, as observed under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or BeMiGuest’s use of the Member Content (or any portion thereof) as envisioned under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or rational property rights, or rights of publicity or privacy, or result in the breach of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Member Content which: (i) is dishonest, false, misleading or unreliable; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or intimidating or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates BeMiGuest’s Content Policy or any other BeMiGuest policy. BeMiGuest may, without preceding notice, remove or disable access to any Member Content that BeMiGuest determines to be in breach of applicable law, these Terms or BeMiGuest’s then-current Policies or Standards, or otherwise may be detrimental or objectionable to BeMiGuest, its Members, third parties, or property.

5.9 BeMiGuest regards copyright law and demands its Members to do the same. If you think that any content on the BeMiGuest Platform violates copyrights you own, please notify us.5. Content

5.1 BeMiGuest may, at its will, and by Admin Approval allow Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other matters and information on or over the BeMiGuest Platform (“Member Content”); and (ii) access and view other Member’s Content and any other content that BeMiGuest itself makes accessible on or through the BeMiGuest Platform, including exclusive BeMiGuest content and any content permitted or sanctioned for use by or through BeMiGuest from a third party (“BeMiGuest Content” and collectively with Member Content, “Collective Content”).

5.2 The BeMiGuest Platform, BeMiGuest Content, and Member Content may in its entirety or in part be guarded by copyright, trademark, and/or other laws of Pennsylvania, United States and other countries. You accept and agree that the BeMiGuest Platform and BeMiGuest Content, inclusive of all associated intellectual property rights, are the restricted property of BeMiGuest and/or its licensors or sanctioning third-parties. You will not alter, remove or hide any copyright, trademark, service mark or other exclusive rights notices fused in or accompanying the BeMiGuest Platform, BeMiGuest Content or Member Content. All trademarks, service marks, logos, trade names, and any other origin identifiers of BeMiGuest used on or in conjunction with the BeMiGuest Platform and BeMiGuest Content are trademarks or registered trademarks of BeMiGuest in the United States and abroad. Any form of Trademarks, service marks, logos, trade names and any other exclusive classifications of third parties used on or in association with the BeMiGuest Platform, BeMiGuest Content, and/or Collective Content are employed for identification purposes only and may be the property of their respective owners.

5.3 You will not utilise, copy, adapt, modify, prepare derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, showcase or otherwise exploit the BeMiGuest Platform or Collective Content, unless you are the legal owner of specific Member Content or as specifically authorised in these Terms. No licenses or rights are given to you by implication or otherwise under any intellectual property rights owned or managed by BeMiGuest or its licensors, except for the licenses and rights expressly allowed in these Terms.

5.4 Subject to your compliance with these Terms, BeMiGuest grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable permission to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made accessible on or through the BeMiGuest Platform and accessible to you, entirely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making accessible any Member Content on or through the BeMiGuest Platform, you allow to BeMiGuest a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable consent to such Member Content to access, use, store, copy, modify, prepare derivative works, distribute, publish, transmit, stream, broadcast, and otherwise utilise in any manner such Member Content to provide and/or promote the BeMiGuest Platform, in any media or platform. Insofar as Member Content (inclusive of Verified Images) includes personal information, such Member Content will only be used for these goals if such use complies with applicable data protection laws in compliance with our Privacy Policy. Unless you grant specific consent, BeMiGuest does not declare any ownership rights in any Member Content and nothing in these Terms will be considered to restrict any rights that you may have to use or exploit your Member Content.

5.6 BeMiGuest may offer Hosts the alternative of having trained photographers take photographs of their Host Services, which are made accessible by the photographer to Hosts to include in their Listings with or without any kind of watermark or tag displaying the words “BeMiGuest.com Verified Photo” or similar expression (“Verified Images”). You are accountable for ensuring that your Host Service is accurately portrayed in the Verified Images and you will cease using the Verified Images on or via the BeMiGuest Platform if they no longer accurately signify your Listing, if you stop hosting the Host Service featured, or if your BeMiGuest Account is dismissed or suspended for any reason. You accept and agree that BeMiGuest shall have the license to use any Verified Images in accordance with Section 5.5 for promotion, marketing and/or any other business purposes in any media or platform, whether in association to your Listing or otherwise, without further notice or compensation to you. Where BeMiGuest is not the private owner of Verified Images, by using such Verified Images on or through the BeMiGuest Platform, you grant to BeMiGuest an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in connection to your Listing or otherwise, without further notice or payment to you. BeMiGuest, in turn, awards you a limited, non-exclusive, non-sublicensable, revocable, non-transferable permission to use Verified Images outside of the BeMiGuest Platform individually for your personal and non-commercial use.

5.7 You are solely responsible for all Member Content that you make accessible on or through the BeMiGuest Platform. Therefore, you symbolise and warrant that: (i) you either are the sole and independent owner of all Member Content that you make available on or through the BeMiGuest Platform or you have all rights, licenses, consents and releases that are important to grant to BeMiGuest the rights in and to such Member Content, as observed under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or BeMiGuest’s use of the Member Content (or any portion thereof) as envisioned under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or rational property rights, or rights of publicity or privacy, or result in the breach of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Member Content which: (i) is dishonest, false, misleading or unreliable; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or intimidating or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates BeMiGuest’s Content Policy or any other BeMiGuest policy. BeMiGuest may, without preceding notice, remove or disable access to any Member Content that BeMiGuest determines to be in breach of applicable law, these Terms or BeMiGuest’s then-current Policies or Standards, or otherwise may be detrimental or objectionable to BeMiGuest, its Members, third parties, or property.

5.9 BeMiGuest regards copyright law and demands its Members to do the same. If you think that any content on the BeMiGuest Platform violates copyrights you own, please notify us.

6. Service Fees

6.1 BeMiGuest may impose fees to all the Hosts (“Host Fees“) and/or Tenants (“Tenant Fees“) (collectively called, “Service Fees“) for the use of the BeMiGuest Platform.

6.2 Any relevant Service Fees (including any applicable Taxes) will be presented to a Host or Tenant before publishing or booking a Listing. BeMiGuest holds the right to modify the Service Fees at any time, and will present Members satisfactory notice of any fee improvements before they become effective. Such fee ‘will not modify any bookings made prior to the effective date of the fee alterations.

7. Terms specific for Hosts

7.1 Terms applicable to all Listings

7.1.1 You must (i) present comprehensive and detailed information about your Host Service (such as listing summary, location, and calendar availability), (ii) reveal any insufficiencies, constraints (such as house rules) and conditions that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) present any other relevant information asked by BeMiGuest, when creating a Listing through the BeMiGuest Platform. You are alone accountable for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are individually accountable for setting a price (along with the Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Tenant requests a booking of your Listing, you may not demand that the Tenant pays a higher cost than in the booking request.

7.1.3 Any terms and conditions included in your Listing, in particular in connection to cancellations, must not clash with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Pictures, animations or videos (collectively, “Images“) employed in your Listings must perfectly reflect the quality and condition of your Host Services. BeMiGuest possesses the right to ask that Listings have a minimum number of Images of a specific format, size and resolution.

7.1.5 On the BeMiGuest Platform, the placement and ranking of Listings in the search results may vary and depend on a mixture of factors (e.g., as Tenant search parameters, Tenant preferences, Host requirements, price, calendar availability, customer service plus cancellation history, Reviews, Ratings, number and quality of Images, type of Host Service, and/or ease of booking etc.) More knowledge about the determinants that define how your Listing appears in the search results can be found on our help centre.

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

7.1.7 BeMiGuest suggests that Hosts secure proper insurance for their Host Services. Please review any corresponding insurance policy carefully, and in particular make sure that you are well-aware with and understand any exclusions to, and any deductibles that may apply for such insurance policy, including, but not restricted to, whether or not your insurance policy will include the actions or inactions of Tenants (and the individuals the Tenant has booked for, if relevant) while staying at your Accommodation or engaging in your Experience, Event or other Host Service.

7.2 Listing Accommodations

7.2.1 Unless expressly authorised by BeMiGuest, you may not list more than one Accommodation per Listing.

7.2.2 If you decide to require a safety deposit for your Accommodation, you must define this in your Listing (“Security Deposit“). Hosts are not permitted to ask for a Security Deposit (i) after a booking has been affirmed or (ii) outside of the BeMiGuest Platform.

7.2.3 You symbolise and vouch that any Listing you post and the booking of, or a Tenant’s stay at, an Accommodation will (i) not violate any agreements you have come into with any third parties, such as homeowners community, condominium, or other agreements, and (ii) obey all appropriate laws (such as zoning laws), Tax obligations, and additional rules and regulations . As a Host, you are accountable for your own acts and omissions and are also liable for the acts and omissions of any person who lives at or are otherwise present at the Accommodation at your offer or invitation, besides the Tenant and any individuals the Tenant invites to the Accommodation.

7.3 Listing Experiences, Events and other Host Services

Hosts who list Experiences, Events and Host Services other than Accommodations agree to and are subject to the Supplementary Terms for Experience Hosts.

7.4 Co-Hosts

7.4.1 BeMiGuest may allows Hosts to approve other Members (“Co-Hosts”) to supervise the Host’s Listing(s), and to bind the Host and take certain specific actions in association with the Listing(s) as authorised by the Host, such as confirming booking requests, interacting and welcoming Tenants, and renewing the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any contract formed between Host and Co-Host may not collide with these Terms, the Payments Terms, or any other Policies relevant to your Host Service(s). Co-Hosts may only act in individually and not on account of a company or separate organization unless explicitly approved by BeMiGuest. BeMiGuest maintains the right, at our sole option, to limit the number of Co-Hosts a Host may summon for each Listing and to limit the number of Listings a Co-Host may run.

7.4.2 Hosts should practice due attention and care when determining who to add as a Co-Host to their Listing(s). Hosts stay solely accountable and responsible for any and all Listings and Member Content announced on the BeMiGuest Platform, including any Listing created by a Co-Host on their account. Further, Hosts remain accountable and responsible for their own actions and omissions, including, but not restricted to, conduct that generates harm or harm to the Co-Host(s). Co-Hosts remain accountable and responsible for their own acts and omissions when involving in their tasks and responsibilities as a Co-Host, including, but not restricted to, behaviour that causes harm or damage to the Host. In addition, both Host and Co-Host are collectively responsible and separately liable for third-party claims, which includes Tenant claims, resulting from the actions and omissions of the other person as linked to hosting activities, interactions with Tenants, and the terms of any Co-Host Services.

7.4.3 Unless consented otherwise by Host and Co-Host, Host and Co-Host may cancel the Co-Host agreement at any time. Also, both Host and Co-Host recognise that their Co-hosting connection will end in the event that BeMiGuest (i) terminates the Co-Host service or (ii) terminates either party’s involvement in the Co-Host service. When the Co-Host contract is terminated, the Host will remain accountable for all of the Co-Host’s operations prior to the termination, including the obligation to fulfil any pending or future bookings accepted prior to the termination. When a Member is dismissed as a Co-Host, that Member will no longer have access to any Host or Tenant data associated with the applicable Host’s Listing(s).

7.4.4 As a Co-Host, you will not be critiqued by Tenants, meaning that your Co-Host actions will not affect your Reviews or Ratings for other Listings for which you are operating as a Host. Instead, the Host of such Listing(s) will be evaluated by Tenants. Hosts admit that Reviews and Ratings from Tenants for their Listing(s) may be influenced by a Co-Host’s demeanour and performance.

8. Terms specific for Tenants

8.1 Terms applicable to all bookings

8.1.1 Related to satisfying any requirements (such as completing any attestation processes) set by BeMiGuestand/or the Host, you can book a Listing open on the BeMiGuest Platform by following the corresponding booking process. Every kind of applicable fees, the Listing Fee, Security Deposit (if applicable), Tenant Fee and any applicable Taxes (collectively, “Total Fees”) will be shown to you prior to booking a Listings accessible. Only when you accept to pay the Total Fees for any booking demanded in connection with your BeMiGuest Account.

8.1.2 Upon receiving a booking confirmation from BeMiGuest, a legally binding contract is established between you and your Host, directed by any additional terms and requirements of the Host that apply, including in particular the applicable cancellation policy and any laws and constraints specified in the Listing. BeMiGuest will collect the Total Fees at the time of the booking application or upon the Host’s approval pursuant to the Payments Terms. For several bookings, Tenants may be asked to pay or have the option to pay in multiple instalments.

8.1.3 If you book a Host Service on account of extra Tenants, you are expected to assure that every added Tenant meets any conditions set by the Host, and is informed and agrees to these Terms and any rules and restrictions set by the Host. If you are booking for an extra Tenant who is a minor, you serve and guarantee that you are legally authorized to act on behalf of the minor. Minors may only engage in an Experience, Event or other Host Service if brought by an adult who is accountable for them.

8.1.4 BeMiGuest may allow a Tenant who is booking a Listing on account of one or more additional guests (the “Organizer”) to divide the payment of the Total Fees for a single booking on a pro-rata basis between the Organizer and at least one other extra guest (each a “Co-Payer”) (the “Group Payment Service”). In order to engage in the Group Payment Service, each Co-Payer must have or create a BeMiGuest Account prior to making a payment. All payments via the Group Payment Service are managed by BeMiGuest.

8.2 Booking Accommodations

8.2.1 You concede that an accepted booking of an Accommodation (“Accommodation Booking”) is a restricted license given to you by the Host to enter and use the Accommodation for the term of your stay, during which time the Host (only where and to the extent authorised by relevant law) holds the right to re-enter the Accommodation, in accordance with your contract with the Host.

8.2.2 You agree to vacate the Accommodation before or at the checkout time that the Host designates in the Listing or such other time as jointly agreed upon among you and the Host. If you stay beyond the accepted upon checkout time without the Host’s permission (“Overstay”), you no longer have a permission to stay in the Accommodation and the Host is allowed to make you leave in a manner compatible with applicable law. In addition, you accept to pay, if requested by the Host, for per twenty-four (24) hour period (or any portion thereof) that you Overstay, an extra nightly fee of up to two (2) times the normal nightly Listing Fee formerly paid by you to cover the bother suffered by the Host, plus all appropriate Tenant Fees, Taxes, and any legal costs incurred by the Host to make you go (collectively, “Overstay Fees“). Overstay Fees for delayed checkouts on the checkout date that do not influence upcoming bookings may be limited to the extra costs incited by the Host as a result of such Overstay. If you Overstay at an Accommodation, you allow BeMiGuest (via BeMiGuest) to charge you to get Overstay Fees. A Security Deposit, if demanded by a Host, may be utilised to any Overstay Fees due for a Tenant’s Overstay.

8.3 Booking Experiences, Events and other Host Services

8.3.1 You should thoroughly review the information of any Experience, Event or other Host Service you expect to book to assure you (and any additional Tenants you are booking for) meet any minimum age, knowledge, fitness or other terms which the Host has stipulated in their Listing. At your individual choice, you may want to familiarise the Host of any medical or physical conditions or other circumstances that may affect your and any additional Tenant’s ability to engage in any Experience, Event or other Host Service. Also, certain laws, like the minimum legal drinking age in the area of the Experience, Event or other Host Service, may also apply. You are alone accountable for recognising, comprehending, and complying with all laws, rules and laws that apply to your involvement in an Experience, Event or other Host Service.

8.3.2 Before and through an Experience, Event or other Host Service you must at all times adhere to the Hosts’ directions.

8.3.3 You may not bring any extra individuals to an Experience, Event or additional Host Service unless such a person was added by you as an extra Tenant during the booking process on the BeMiGuest Platform.

9. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Hosts and Tenants are jointly accountable for any alterations to a booking that they make via the BeMiGuest Platform or through BeMiGuest customer service to make (“Booking Modifications“), and consent to pay any extra Listing Fees, Host Fees or Tenants Fees and/or Taxes connected with such Booking Modifications.

9.2 Tenants can terminate an accepted booking at any time pursuant to the Listing’s cancellation policy set by the Host, and BeMiGuest will reimburse the price of the Total Fees due to the Tenants in accordance with any cancellation policy. Unless extenuating conditions exist, any part of the Total Fees due to the Host under the relevant cancellation policy will be forwarded to the Host by BeMiGuest compatible with the Payments Terms.

9.3 If a Host cancels an accepted booking, the Tenants will obtain a full return of the Total Fees for such booking. In some situations, BeMiGuest may allow the Tenant to demand the refund to a new booking, in that case, BeMiGuest will credit the cost against the Tenants’ succeeding booking at the Tenants’ command. Further, BeMiGuest may issue an automated review on the Listing cancelled by the Host showing that a booking was terminated. Also, BeMiGuest may (i) keep the calendar for all Listing which are unavailable or are blocked for the dates of the terminated booking, and/or (ii) command a cancellation fee, unless the Host has a legitimate basis for cancelling the booking.

9.4 Now, for Experiences, Events and extra Host Services, if weather poses a security risk to Tenants, or if it limits a Host from carrying out a Host Service that takes place essentially outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other circumstances exist that would restrict the Host from offering the Host Service safely.

9.5 In certain circumstances, BeMiGuest may determine, in its sole inclination, that it is important to cancel an unfinished or confirmed booking and launch corresponding refunds and payouts. This may be for reasons set forth in BeMiGuest’s (i) where BeMiGuest believes in good faith, while taking the lawful concerns of both parties into account, this is important to avoid notable harm to BeMiGuest, other Members, third parties or property, or (ii) for any of the reasons mentioned  in these Terms.

9.6 If a Tenant who books an Accommodation experience a Travel Issue, BeMiGuest may conclude, in its sole inclination, to return the Tenants part or all of the Total Fees. If a tenant who book any Experience, Event or other Host Service experiences a Travel Issue, BeMiGuest may decide, in its sole discretion, to refund the Tenants part or all of the Total Fees.

9.7 If a Tenants or BeMiGuest terminates an accepted booking, and the Tenants obtains a refund on the basis of the relevant cancellation policy set by the Host and specified in the Listing, after the Host has previously been paid, BeMiGuest will be authorised to recover the price of any such payment from the Host, including by deducting such refund amount out from any future Payouts due to the Host.

9.8 All Members may utilise the Resolution Center to send or request money for refunds, additional Host Services or Damage Claims associated to bookings, except it is contrarily mentioned in these Terms, You acknowledge to pay all amounts sent via the Resolution Center in association with your BeMiGuest Account, and BeMiGuest will manage all such payments.

10. Ratings and Reviews

10.1 Within a specified time window, after finishing a booking, Guests and Hosts can give a public review (“Review”) and present a star rating (“Rating”) about each other. Those Ratings or Reviews indicate the judgments of individual Members and do not exhibit the opinion of BeMiGuest. Ratings and Reviews are not confirmed by BeMiGuest for efficiency and may be incorrect or misleading.

10.2 Ratings and Reviews by Tenants and Hosts must be valid and may not include any offensive or abusive language. Ratings and Reviews are subjected to Section 5.

10.3 Members are forbidden from shaping the Ratings and Reviews system in any way, such as commanding a third party to drop a positive or negative Review about different Member.

10.4 Ratings and Reviews are components of a Member’s public profile and may also be showcased elsewhere on the BeMiGuest Platform (such as the Listing page) concurrently with other important data such as the number of bookings, and cancellations, and average acknowledgement time and other critical  information.

11. Damage to Accommodations, Disputes between Members

11.1 As a Tenant, you are accountable for vacating the Accommodation in the state it was in when you checked in. You are accountable for your own actions and omissions and are also accountable for the actions and omissions of any people whom you invite to, or otherwise, you grant access to, the Accommodation, excluding the Host (and the people the Host invites to the Accommodation, if applicable).

11.2 If a Host claims and gives sign that you as a Tenant have degraded an Accommodation or any individual or other property at an Accommodation (“Damage Claim“), the Host can look for payment from you via the Resolution Center. If a Host intensifies a Damage Claim to BeMiGuest, you will be provided a chance to respond. If you accept to pay the Host, or BeMiGuest determines in its individual responsibility that you are accountable for the Damage Claim, BeMiGuest will, after the end of your stay, accumulate any such amounts from you and/or against the Security Deposit (if applicable) needed to cover the Damage Claim pursuant to the Payments Terms. BeMiGuest also holds the right to otherwise obtain payment from you and seek any remedies available to BeMiGuest in this regard in circumstances in which you are accountable for a Damage Claim, including, but not restricted to, in connection with any payment demands made by Hosts under the BeMiGuest Host Guarantee.

11.3 Members agree to assist with and support BeMiGuest in good faith, and to give BeMiGuest with such knowledge and take such actions as may be logically demanded by BeMiGuest, in conjunction with any Damage Claims or other charges or claims made by Members associating to (i) Accommodations or any personal or other property settled at an Accommodation (including, without restriction, payment requests made under the BeMiGuest Host Guarantee), (ii) Experiences, (iii) Co-Host contracts, or (iv) a Group Payment Booking. A Member shall, upon BeMiGuest’s fair demand and at no cost to the Member, engage in mediation or a similar declaration process with another Member, which process will be carried by BeMiGuest or a third party selected by BeMiGuest or its insurer, with regard to losses for which a Member is demanding payment from BeMiGuest.

11.4 If you are a Tenant or a Co-Host, you recognise and accept that BeMiGuest may make a claim under your homeowner’s, renter’s or another insurance policy associated with any   or loss that you may have caused, or been accountable for, to any personal or other property (including an Accommodation) of the Host. You consent to support with and assist BeMiGuest in good faith, and to present BeMiGuest with such knowledge as may be wisely requested by BeMiGuest, to make a request under your homeowner’s, renter’s or other insurance policy, including, but not confined to, producing documents and taking such additional acts as BeMiGuest may reasonably ask to assist BeMiGuest in succeeding the foregoing.

12. Rounding off

BeMiGuest usually backs payment amounts that are due from or to Tenants or Hosts to the miniature unit backed by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Whereas,  all the BeMiGuest’s third-party payment services-provider does not back payments in the smaller unit backed by a given currency, BeMiGuest may, in its individual preference, round up or round down the presented amounts that are obligatory from or to Tenants or Hosts to the proximal whole functional base unit in which the currency is designated; for instance, BeMiGuest may round up a cost of $101.50 to $102.00, and round down a cost of $101.49 to $101.00.

13. Taxes

13.1 As a Host for BeMiGuest you are alone accountable for calculating your responsibilities to communicate, collect, pay or include in your Listing Fees any relevant VAT or other occupancy tax, or the indirect sales taxes, or tourist or other visitor taxes or income taxes (“Taxes“).

13.2 Tax statutes may need us to accumulate appropriate Tax data from Hosts or to withhold Taxes from payouts to Hosts, or perhaps both. If a Host flunks to present us with the necessary documentation under appropriate law (e.g., a tax number) that we discover to be enough to mitigate our obligation (if any) to withhold Taxes from payouts to you, we hold the capability to withhold payouts up to the tax-relevant quantity as needed by law, until resolution.

13.3 You recognise that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Accommodation is established may require Taxes to be collected from Tenants or Hosts on Listing Fees and to be forwarded to the particular Tax Authority. The laws in jurisdictions may vary, but those Taxes may be expected to be consolidated and paid as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are seldom called “transient occupancy taxes,” “hotel taxes,” “room taxes” “lodging taxes,” “city taxes,” or “tourist taxes” (“Occupancy Taxes“).

13.4 In some dependencies, BeMiGuest may decide in its sole obligation to improve aggregation and remittance of Occupancy Taxes from or on account of Tenants or Hosts, in accordance with these rules (“Collection and Remittance“) if such authority asserts BeMiGuest or Hosts have an Occupancy Tax acquisition and payment obligation. In any jurisdiction in which we choose to promote direct Acquisition and Payment, you hereby command and allow BeMiGuest to obtain Occupancy Taxes from Tenants on the Host’s account at the time Listing Fees are received, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions, BeMiGuest may determine in its sole responsibility to collect Occupancy Taxes and remit such Taxes to qualified and qualifying Hosts, based on tax knowledge supplied by the Host, for ultimate recording and payment by such Host to the Tax Authority (“Pass-Through Tax Feature”). Such Hosts using the Pass-Through Tax Feature will be solely accountable for informing BeMiGuest about the correct Occupancy Tax amount to be obtained from the Tenant in accordance with applicable law and directly paying the Occupancy Taxes to the relevant Tax Authority. BeMiGuest does not assume any liability for the crash of an involving Host to comply with any appropriate tax recording or remittance obligations. The amount of Occupancy Taxes, if any, collected and remitted by BeMiGuest will be visible to and definitely stated to both Tenants and Hosts on their individual transaction documents. Where BeMiGuest is promoting Collection and Payments of taxes, Hosts are not permitted to obtain any Occupancy Taxes being collected by BeMiGuest relating to their Accommodations in that domain.

13.5 You acknowledge that any demand or cause of action associating to BeMiGuest’s facilitation of Collection and Remittance of Occupancy Taxes shall not reach to any supplier or vendor that may be used by BeMiGuest in association with facilitation of Collection and Payments if any. Tenants and Hosts acknowledge that we may seek extra amounts from you in the event that the Taxes consolidated and/or paid are insufficient to fully discharge your commitments to the Tax Authority, and agree that your sole solution for Occupancy Taxes accumulated is a refund of Occupancy Taxes obtained by BeMiGuest from the applicable Tax Authority in accordance with relevant procedures set by that Tax Authority.

13.6 BeMiGuest preserves the right, with antecedent notice to Hosts, to terminate the Collection and Payments in any jurisdiction for any reason at which point Hosts along with the Tenants are once again alone accountable and liable for the acquisition and/or remittance of any and all Occupancy Taxes.

14. Prohibited Activities

14.1 You are entirely accountable for acquiescence with any and all laws, rules, ordinances, and Tax responsibilities that may pertain to your use of the BeMiGuest Platform. In conjunction with your use of the BeMiGuest Platform, you will not and will not support or facilitate others to:

  • Violate or bypass any appropriate laws or ordinances, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
  • utilise the BeMiGuest Platform or Combined Content for any monetary or other objectives that are not expressly authorised by these Terms or in a practice that erroneously implies BeMiGuest advertisement, partnership or otherwise misrepresents others as to your affiliation with BeMiGuest;
  • copy, commodity or otherwise obtain or use any knowledge, including personally identifiable knowledge about any other Member, held on the BeMiGuest Platform in any way that is contradictory with BeMiGuest’s Privacy Policy or these Terms or that contrary breaches the privacy rights of Members or third parties;
  • use the BeMiGuest Platform in conjunction with the distribution of volunteered commercial messages (“spam“);
  • proffer, as a Host, any Accommodation that you do not yourself possess or have authorisation to make accessible as a residential or other property through the BeMiGuest Platform;
  • unless BeMiGuest specifically permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
  • contact another Member for any purpose other than asking a question related to your personal booking, Listing, or the Member’s usage of the BeMiGuest Platform, counting, but not restricted to, recruiting or otherwise approaching any Member to join third-party services, applications or websites, without our antecedent is written approval;
  • use the BeMiGuest Platform to request, make or receive a booking independent of the BeMiGuest Platform, to bypass any Service Fees or for any other reason;
  • demand, accept or make any payment for any Listing Fees outside of the BeMiGuest Platform. If you do so, you accept and agree that you: (i) would be in violation of these Terms; (ii) admit all risks and accountability for such payment, and (iii) hold BeMiGuest harmless from any obligation for such payment;
  • segregate against or bother anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harassing, abusive or disruptive behaviour;
  • use, display, mirror or frame the BeMiGuest Platform or Collective Content, or any particular component within the BeMiGuest Platform, BeMiGuest’s name, any BeMiGuest trademark, logo or other exclusive information, or the layout and design of any page or form included on a page in the BeMiGuest Platform, without BeMiGuest’s express written consent;
  • dilute, defame or otherwise harm the BeMiGuest brand in any way, including through unlawful use of Collective Content, designating and/or using BeMiGuest or borrowed terms in domain names, trade names, trademarks or other source identifiers, or designating and/or using domain names, trade names, trademarks or other source identifiers that closely mimic or are confusingly similar to BeMiGuest domains, trademarks, taglines, promotional operations or Collective Content;
  • use any humanoids, spider, crawler, scraper or other electronic means or processes to access, obtain data or other content from or otherwise communicate with the BeMiGuest Platform for any purpose;
  • bypass, detour, remove, deactivate, damage, descramble, or otherwise attempt to circumvent any technological measure performed by BeMiGuest or any of BeMiGuest’s providers or any other third party to guard the BeMiGuest Platform;
  • attempt to translate, decompile, dismantle or reverse engineer any of the software used to provide the BeMiGuest Platform;
  • take any action that harms or adversely affects, or could harm or negatively affect the enforcement or proper functioning of the BeMiGuest Platform;
  • export, re-export, import, or transport the Application except as sanctioned by United States law, the export control laws of your control, and any other applicable laws; or
  • infringe or transgress anyone else’s rights or otherwise cause infliction to anyone.

14.2 You confirm that BeMiGuest has no responsibility to monitor the access to or use of the BeMiGuest Platform by any Member or to review, damage access to, or edit any Member Content, but has the right to do so to (i) work, secure and enhance the BeMiGuest Platform (including without restriction for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ agreement with these Terms; (iii) comply with applicable law or the order or condition of a court, law implementation or other administrative agency or governmental body; (iv) respond to Member Content that it commands is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist BeMiGuest in good faith and to present BeMiGuest with such knowledge and take such steps as may be logically requested by BeMiGuest with respect to any examination undertaken by BeMiGuest or a legislator of BeMiGuest regarding the use or abuse of the BeMiGuest Platform.

14.3 If you believe that any Member you communicate with, whether online or in person, is acting or has behaved inappropriately, including but not restricted to anyone who (i) engages in offensive, vehement or sexually inappropriate conduct, (ii) you distrust of stealing from you, or (iii) engages in any other harassing conduct, you should promptly report such person to the relevant authorities and then to BeMiGuest by communicating us with your police station and report number (if available). 

15. Term and Termination, Suspension and other Measures

15.1 This Contract shall be valid for a 30-day term, at the end of which it will automatically and continuously refresh for succeeding 30-day terms until such time when you or BeMiGuest end the Agreement in compliance with this provision.

15.2 You may end this Contract at any moment by sending us an email. If you remove your BeMiGuest Account as a Host, any approved booking(s) will be automatically removed and your Tenants will obtain a full refund. If you cancel your BeMiGuest Account as a Tenant, any confirmed booking(s) will be robotically deleted and any refund will depend upon the duration of the Listing’s cancellation policy.

15.3 Without restricting our rights specified below, BeMiGuest may cancel this Agreement for accessibility at any time by giving you thirty (30) days’ notice via email to your designated email address.

15.4 BeMiGuest may quickly, without notice, end this contract and/or stop granting access to the BeMiGuest Platform if (i) you have actually violated your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have disrupted applicable laws, statutes or third party rights, or (iii) BeMiGuest deems in good faith that such action is reasonably required to protect the personal safety or characteristic of BeMiGuest, its Members, or third parties (for instance in the case of fraudulent behaviour of a Member).

15.5 In addition, BeMiGuest may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or inadequate information during the BeMiGuest Account enrollment, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any appropriate quality or eligibility criteria, (v) you have frequently received poor Ratings or Reviews or BeMiGuest otherwise gets  aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) BeMiGuest believes in good faith that such activity is logically necessary to protect the personal safety or property of BeMiGuest, its Members, or third parties, or to deter fraud or other illegal activity:

  • Refuse to surface, delete or restrict any Listings, Ratings, Reviews, or other Member Content;
  • cancel any unfinished or confirmed bookings;
  • restrict your access to or use of the BeMiGuest Platform;
  • temporarily or permanently remove any special status linked with your BeMiGuest Account;
  • temporarily or in case of severe or repeated misdemeanours lastingly suspend your BeMiGuest Account and stop granting access to the BeMiGuest Platform.

In the case of non-material violations and where appropriate, you will be given notice of any intended measure by BeMiGuest and a chance to settle the issue to BeMiGuest’s reasonable satisfaction.

15.6 If we take any of the steps described above (i) we may transmit your Tenants in full for any and all accepted bookings that have been cancelled, irrespective of preexisting cancellation terms , and (ii) you will not be entitled to any reimbursement for pending or confirmed bookings that were cancelled.

15.7 When this Agreement has been cancelled, you are not qualified to a renewal of your BeMiGuest Account or any of your Member Content. If your access to or use of the BeMiGuest Platform has been confined or your BeMiGuest Account has been discontinued or this Agreement has been discontinued by us, you may not register a new BeMiGuest Account or access and use the BeMiGuest Platform through aBeMiGuest Account of different Member.

15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.

16. Disclaimers

If you decide to use the BeMiGuest Platform you do so willingly and at your individual risk. The BeMiGuest Platform is presented “as is”without warranty of any kind, either declared or implied.

You acknowledge that you have had whatever chance you deem important to examine the BeMiGuest Services, laws, rules, or ordinances that may be relevant to your Listings and/or Host Services you are getting and that you are not relying upon any declaration of law or fact made by BeMiGuest correlating to a Listing.

If we decide to perform identity attestation or background checks on unspecified Member, to the degree permitted by applicable law, we disclaim guarantees of any kind, either expressed or implied, that such tests will identify prior wrongdoing by a Member or ensure that a Member will not engage in wrongdoing in the future.

You admit that some Experiences, Events, other Host Services, or the Group Payment Service may carry natural risk, and by engaging in such services, you agree to assume those risks voluntarily. For example, some Host Services may carry the risk of ailment, bodily injury, disability, or death, and you voluntarily and willfully assume those risks by accepting to participate in those Host Services. You assume full accountability for the decisions you make before, during and after your participation in a Host Service or the Group Payment Service. If you are bringing a minor as an extra Tenant, you are solely accountable for the surveillance of that minor throughout the span of your Host Service and to the highest extent allowed by law, you agree to release and hold safe BeMiGuest from all responsibilities and claims that appear in any way from any injury, death, loss or harm that occurs to that minor while the Host Service or in any way linked to your Host Service.

The prior disclaimers apply to the maximum extent sanctioned by law. You may have additional statutory rights. However, the duration of statutorily required guarantees, if any, shall be limited to the maximum extent permitted by law.

17. Liability

You accept and agree that, to the greatest extent allowed by law, the whole risk emerging out of your access to and usage of the BeMiGuest Platform a, your publishing or booking of any Listing through the BeMiGuest Platform, your halt at any Accommodation, involvement in any Experience or Event or use of any other Host Service, involvement in the Group Payment Service, or any other communication you have with other Members whether in person or online stays with you. Neither BeMiGuest nor any other party concerned in designing, producing, or delivering the BeMiGuest Platform will be responsible for any incidental, special, exemplary or considerable damages, including lost earnings, loss of data or loss of goodwill, service breakage, computer damage or system failure or the cost of replacement goods or services, or for any losses for individual or bodily injury or emotional suffering arising out of or in conjunction with (i) these Terms, (ii) from the use of or inability to use the BeMiGuest Platform (iii) from any interactions, corporations or meetings with other Members or other persons with whom you interact, associate or meet with as a result of your use of the BeMiGuest Platform, or (iv) from your publishing or booking of any Listing specified on the Platform, inclusive of the terms or use of a Listing’s Host Services, whether based on guarantee, contract, tort, product responsibility or any other legal theory, and whether or not BeMiGuest has been notified of the event of such loss, even if a short remedy set forth herein is circumscribed to have slipped of its essential purpose. Besides our responsibilities to pay amounts to appropriate Hosts pursuant to these Terms or an authorised payment request under the BeMiGuest Host Guarantee, in no event will BeMiGuest’s gross culpability awaking out of or in conjunction with these Terms and your use of the BeMiGuest Platform inclusive of, but not constrained to, from your publishing or booking of any Listings via the BeMiGuest Platform, or from the use of or incapability to use the BeMiGuest Platform or Collective Content and in association with any Accommodation, any Experiences or Event,other Host Service, the Group Payment Service, or interactions with any other Members, pass the amounts you have paid or owe for your confirmed bookings via the BeMiGuest Platform as a Tenant in the twelve (12) month time-span prior to the event giving rise to the liability, or if you are a Host, the sums paid by BeMiGuest to you in the twelve (12) month period prior to the event proffering rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The boundaries of losses set forth above are primary elements of the basis of the bargain between BeMiGuest and you. Some provinces do not allow the elimination or limitation of liability for eventful or incidental damages, so the above prohibition may not apply to you. If you live outside of the U.S., this does not affect BeMiGuest’s responsibility for death or personal injury arising from its heedlessness, nor for dishonest misrepresentation, misrepresentation as to a significant matter or any other liability which cannot be eliminated or limited under applicable law.

18. Indemnification

To the greatest degree sanctioned by applicable law, you acknowledge to release, defend (at BeMiGuest’s option), reimburse, and hold BeMiGuest and its associates and subsidiaries, inclusive of but not confined to, BeMiGuest, and their officers, directors, employees and agents, safe from and against any claims, obligations, damages, losses, and expenses, including, without restriction, reasonable legal and accounting fees, arising out of or in any way correlated with (i) your breach of these Terms or our Policies or Standards, (ii) your incorrect use of the BeMiGuest Platform or any BeMiGuest Services, (iii) your communication with any Member, stay at an Accommodation, involvement in an Experience, Event or other Host Service, participation in the Group Payment Service, including without restriction any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in association with or as a result of such communication, stay, participation or use, (iv) BeMiGuest’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, statutes or third party rights.

19. Dispute Resolution and Arbitration Agreement

19.1 This Agreement for Dispute Resolution and Arbitration shall apply if your (i) country your establishment or residence is the United States; or (ii) your country of establishment or residence is not in the United States, but take any appeal against BeMiGuest in the United States (to the extent not in conflict with Section 21).

19.2 Summary of Dispute Resolution Process. BeMiGuest is assigned to engaging in a consumer-friendly dispute resolution process. To that end, the Terms present a two-part process for individuals to whom Section 19.1 is applicable: (1) an unofficial negotiation straight with BeMiGuest’s customer service team, and (2) a compulsory arbitration governed by the American Arbitration Association (“AAA”) using its uniquely designed Consumer Arbitration Rules (as revised by this Section 19 and except as provided in Section 19.6). Especially, the Consumer Arbitration Rules provide:

  • The appeals can be filed with AAA online (www.adr.org);
  • Arbitrators must be impartial and no party may choose an arbitrator unilaterally ;
  • Arbitrators must reveal any bias, interest in the outcome of the arbitration, or any form of connection with any party;
  • All the Parties reserve the liberty to seek relief in petite claims court for specific claims, at their option;
  •  The primary filing fee for the consumer is capped at $200;
  • The consumer receives the right to elect the hearing place and can also elect to participate live, or by phone or video conference, or, for cases under $25,000, by the submission of documents;
  • The arbitrator can award any remedy that the parties could have given to, in court to settle the party’s singular claim.

19.3 Pre-Arbitration Dispute Resolution and Intimation. Before starting an arbitration, you and BeMiGuest each agree to inform the other party about the conflict and try to negotiate an informal resolution at first. We will reach you via the email address you have given to us; you can reach BeMiGuest’s customer service team by emailing us. If after a good faith attempt to negotiate, any party feels the conflict has not and cannot be settled informally, the party proposing to pursue arbitration agrees to inform the other party via email prior to starting the arbitration. In order to begin an arbitration, a request must be filed with the AAA and the written Request for Arbitration (available at www.adr.org) provided to the other party, as stipulated in the AAA Rules.

19.4 Agreement to Arbitrate. You and BeMiGuest commonly acknowledge that any form of conflict, claim or controversy resulting out of or relating to these Terms or the applicability, violation, termination, efficacy, enforcement or interpretation thereof, or to the usage of the BeMiGuest Platform, the Group Payment Service, the Host Services, or the Collective Content (collectively called, “Disputes”) will be resolved by compulsory individual arbitration (the “Arbitration Agreement”). If there is a disagreement about whether this Arbitration Agreement can be implemented or applies to our Dispute, you and BeMiGuest agree that the arbitrator will determine that issue.

19.5 Exceptions to Arbitration Agreement. You and BeMiGuest each acknowledge that the following cases are exceptions to the Arbitration Agreement and will be taken to a judicial proceeding in a court of qualified jurisdiction: (i) Any case associated to actual or threatened infringement, misappropriation or breach of the copyrights of a party, trademarks, trade secrets, patents, or other form of intellectual property rights; (ii) Any case asking for emergency injunctive remedy based on exigent conditions (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

19.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, BeMiGuest agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and BeMiGuest both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

19.6 Arbitration Rules and Governing Law. This Arbitration Contract evidences any transaction in domestic commerce and thus the Federal Arbitration Act oversees the understanding and implementation of this provision. The arbitration will be completely governed by the AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration terms defined to be suitable by the AAA (the “AAA Rules“) then in effect, besides as modified here. The AAA Rules are accessible at www.adr.org or by calling the AAA at 1–800–778–7879.

19.7 Alteration to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration highly accessible to you, BeMiGuest acknowledges that any needed arbitration trial may be conducted, at your choice, (a) in the county where you live; (b) in the San Francisco County; (c) or any other place to which you and BeMiGuest both consent; (d) via phone or video conference; or (e) for any case or counterclaim under $25,000, by entirely the submission of papers or documents to the arbitrator.

19.8 Alteration of AAA Rules – Attorney’s Fees and Costs. You and BeMiGuest acknowledge that BeMiGuest will be accountable for the payment of the balance of a primary filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be qualified to seek a grant of attorney fees and expenses if you prevail in arbitration, to the range provided under appropriate law and the AAA rules. Unless the arbitrator concludes that your claim was frivolous or filed with the objective of harassment, BeMiGuest admits it will not seek, and hereby disclaims all rights it may have under appropriate law or the AAA Rules, to recover attorneys’ fees and expenses if it predominates in arbitration.

19.9 Arbitrator’s Decision. The arbitrator’s judgment will constitute the requisite findings and results upon which the arbitrator based the award. Judgment on the arbitration award may be recorded in any court with decent jurisdiction. The arbitrator may grant declaratory or injunctive aid only on a singular basis and only to the degree required to grant relief warranted by the claimant’s individual claim.

19.10 Jury Trial Waiver. You and BeMiGuest recognise and accept that we are each waiving the power to a trial by jury as to all arbitrable Disputes.

19.11 No Class Actions or Representative Proceedings. You and BeMiGuest recognise and agree that, to the completest extent allowed by law, we are each reserving the right to engage as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, individual attorney general action, or any other spokesperson proceeding as to all Disputes. Moreover, unless you and BeMiGuest both unless consent in writing, the arbitrator may not connect more than one party’s claims and may not otherwise preside over any form of any class or representational proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.11 is taken unenforceable with regard to any Dispute, then the whole of the Arbitration Agreement will be considered void with regard to such Dispute and the Dispute must continue in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is taken unenforceable with regard to any Dispute, those waivers may be separated from this Arbitration Agreement and you and BeMiGuest admit that any individual attorney general claims and symbolic claims in the Dispute will be separated and stayed, pending the resolution of any  form of arbitrable claims in the Conflict in individual arbitration.

19.12 Severability. Besides as presented in Section 19.11, in the event that any part of this Arbitration Agreement is regarded unlawful or unenforceable, such terms shall be separated and the rest of the Arbitration Agreement shall be granted full force and effect.

19.13 Changes. Notwithstanding the terms of Section 3 (“Modification of these Terms”), if BeMiGuest alters this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last admitted the Terms (or accepted any following alterations to these Terms), you may decline any such change by posting us written notice (including by email) within thirty (30) days of the date such modification became active, as shown in the “Last Updated” date above or in the date of BeMiGuest’s email to you informing you of such change. Declining a new change, however, does not cancel or alter your prior consent to any previous contracts to arbitrate any Conflict between you and BeMiGuest, which will remain in effect and will be enforceable as to any Dispute among you and BeMiGuest.

19.14 Survival. Besides as presented in Section 19.12 with subject to Section 15.8, this Section 19 will withstand any termination of these Terms and will be applied even if you cease using the BeMiGuest Platform or close your BeMiGuest Account.

20. Feedback

We welcome and urge you to give feedback, comments and recommendations for improvements to the BeMiGuest Platform (“Feedback“). You may present Feedback by emailing us, through the “Contact” section of the BeMiGuest Platform, or by other means of expression. Any Feedback you submit to us will be deemed non-confidential and non-proprietary to you. By submitting Feedback to us, you award us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, continuous license to use and publish those ideas and materials for any purpose, without benefit to you.

21. Applicable Law and Jurisdiction

21.1 If your country of residence is the United States, these Terms will be interpreted in accordance with the statutes of the State of California and the United States of America, without any thought to conflict-of-law provisions. Judicial actions (other than small claims actions) that are omitted from the Arbitration Agreement in Section 19 must be taken to the state or federal court in San Francisco, California unless we both agree to some other place. You and we both assent to the venue and personal jurisdiction in San Francisco, California.

22. General Provisions

22.1 Except as they may be extended by supplementary terms and conditions, policies, guidelines or the standards, these Terms compound the entire Contract between BeMiGuest and you concerning the subject matter hereof, and replace any and all prior oral or written agreements or understandings between BeMiGuest and you in connection to the access to and use of the BeMiGuest Platform.

22.2 No joint venture, partnership, employment, or agency affiliation exists between you and BeMiGuest as a consequence of this Agreement or your use of the BeMiGuest Platform.

22.3 These Terms do not and are not meant to confer any rights or remedies upon any person other than the parties.

22.4 If any provision of these Terms is held to be unreasonable or unenforceable, such terms will be struck and will not affect the legality and enforceability of the remaining provisions.

22.5 BeMiGuest’s failure to implement any right or provision in these Terms will not constitute a waiver of such right or terms unless accepted and agreed to by us in writing. Except as expressly set forth in these Terms, the application by either party of any of its remedies under these Terms will be without discrimination to its other remedies under these Terms or otherwise authorised under law.

22.6 You may not allot, transfer or delegate this Contract and your rights and obligations hereunder without BeMiGuest’s prior written permission. BeMiGuest may without any form of limitation assign, transfer or authorise this Contract and any rights and responsibilities hereunder, at its sole option, with 30 days prior notice. Your right to cancel this Agreement at any time continues to be unaffected.

22.7 Unless defined otherwise, any notices or other communications to Members authorised or required under this Contract, will be presented electronically and given by BeMiGuest via email, BeMiGuest Platform announcement, or messaging service (including SMS).

22.8 If you have any inquiries about these Terms please email us at admin@bemiguest.com