These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Vezpuchi (as defined below) governing your access to and use of the Vezpuchi website, including any subdomains thereof, and any other websites through which Vezpuchi makes its services available (collectively, " Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, " Vezpuchi Services"). The Site, Application and Vezpuchi Services together are hereinafter collectively referred to as the " Vezpuchi Platform".
When these Terms mention "Vezpuchi," "we ," "us," or "our," it refers to the Vezpuchi company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your " Country of Residence" is the jurisdiction associated with your Vezpuchi Account as determined by either your express selection or by Vezpuchi's assessment of your residence using various data attributes associated with your Vezpuchi Account.
Any and all payment processing services through or in connection with your use of the Vezpuchi Platform ("Payment Services") are provided to you by Vezpuchi Payments.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Vezpuchi, you should always seek legal guidance.
1.1 The Vezpuchi Platform is an online platform that enables registered users ("Members") to publish such Host Services on the Vezpuchi Platform ("Listings") and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are "Guests"). Host Services include the offering of vacation or other properties for use (" Accommodations").
1.2 As the provider of the Vezpuchi Platform, Vezpuchi does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Vezpuchi an organizer or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Vezpuchi is not and does not become a party to or other participant in any contractual relationship between Members, nor is Vezpuchi a real estate broker or insurer. Vezpuchi is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Vezpuchi has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy 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. Vezpuchi does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Vezpuchi about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Vezpuchi of any Host or Listing.
1.4 If you choose to use the Vezpuchi Platform as a Host, your relationship with Vezpuchi is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Vezpuchi for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Vezpuchi. Vezpuchi does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the Vezpuchi Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Vezpuchi cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Vezpuchi Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Vezpuchi Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Vezpuchi is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Vezpuchi of such Third-Party Services.
1.7 Due to the nature of the Internet, Vezpuchi cannot guarantee the continuous and uninterrupted availability and accessibility of the Vezpuchi Platform. Vezpuchi may restrict the availability of the Vezpuchi Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Vezpuchi Platform. Vezpuchi may improve, enhance and modify the Vezpuchi Platform and introduce new Vezpuchi Services from time to time.
2.1 By accessing or using the Vezpuchi Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Vezpuchi may make access to and use of the Vezpuchi Platform, or certain areas or features of the Vezpuchi Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member's booking and cancellation history.
2.4 Vezpuchi does not assume any responsibility for the confirmation of any Member's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Vezpuchi Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Vezpuchi Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement . Some areas of the Vezpuchi Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service .
Vezpuchi reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Vezpuchi Platform and update the "Last Updated" date at the top of these Terms. 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 disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Vezpuchi Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("Vezpuchi Account") to access and use certain features of the Vezpuchi Platform, such as publishing or booking a Listing.
4.2 You can register a Vezpuchi Account using an email address and creating a password.
4.3 You must provide accurate, current and complete information during the registration process and keep your Vezpuchi Account and public Vezpuchi Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Vezpuchi Account unless Vezpuchi authorizes you to do so. You may not assign or otherwise transfer your Vezpuchi Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Vezpuchi Account credentials and may not disclose your credentials to any third party. You must immediately notify Vezpuchi if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Vezpuchi Account. You are liable for any and all activities conducted through your Vezpuchi Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 Vezpuchi may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Vezpuchi Platform ("Member Content"); and (ii) access and view Member Content and any content that Vezpuchi itself makes available on or through the Vezpuchi Platform, including proprietary Vezpuchi content and any content licensed or authorized for use by or through Vezpuchi from a third party ("Vezpuchi Content" and together with Member Content, "Collective Content").
5.2 The Vezpuchi Platform, Vezpuchi Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Vezpuchi Platform and Vezpuchi Content, including all associated intellectual property rights, are the exclusive property of Vezpuchi and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Vezpuchi Platform, Vezpuchi Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Vezpuchi used on or in connection with the Vezpuchi Platform and Vezpuchi Content are trademarks or registered trademarks of Vezpuchi in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Vezpuchi Platform, Vezpuchi Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Vezpuchi Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Vezpuchi or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Vezpuchi grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Vezpuchi Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Vezpuchi Platform, you grant to Vezpuchi a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Vezpuchi Platform, in any media or platform. Unless you provide specific consent, Vezpuchi does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 Vezpuchi may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "Vezpuchi.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Vezpuchi Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Vezpuchi Account is terminated or suspended for any reason. You acknowledge and agree that Vezpuchi shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Vezpuchi is not the exclusive owner of Verified Images, by using such Verified Images on or through the Vezpuchi Platform, you grant to Vezpuchi 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 relation to your Listing or otherwise, without further notice or compensation to you. Vezpuchi in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Vezpuchi Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Vezpuchi Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Vezpuchi Platform or you have all rights, licenses, consents and releases that are necessary to grant to Vezpuchi the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Vezpuchi's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening 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 any other Vezpuchi policy. Vezpuchi may, without prior notice, remove or disable access to any Member Content that Vezpuchi finds to be in violation of these Terms or Vezpuchi's then-current Policies or Standards, or otherwise may be harmful or objectionable to Vezpuchi, its Members, third parties, or property.
5.9 Vezpuchi respects copyright law and expects its Members to do the same. If you believe that any content on the Vezpuchi Platform infringes copyrights you own, please notify us.
6.1 Vezpuchi may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, " Service Fees") in consideration for the use of the Vezpuchi Platform.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Vezpuchi reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Vezpuchi. The applicable Service Fees (including any applicable Taxes) are collected by Vezpuchi Payments. Vezpuchi Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Vezpuchi Payments. Except as otherwise provided on the Vezpuchi Platform, Service Fees are non-refundable.
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Vezpuchi Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Vezpuchi. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting deposit prices, cleaning requirements, or any other applicable charges for your Listing. Once a Guest requests a booking of your Listing, you may alter the terms for that Guest.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, " Images") used in your Listings must accurately reflect the quality and condition of your Host Services.
7.1.5 The placement and ranking of Listings in search results on the Vezpuchi Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
7.1.7 Vezpuchi recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular 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 (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
7.2 Listing Accommodations
7.2.1 Unless expressly allowed by Vezpuchi, you may not list more than one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit "). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the Vezpuchi Platform. Vezpuchi will use commercially reasonable efforts to address Hosts' requests and claims related to Security Deposits, but Vezpuchi is not responsible for administering or accepting any claims by Hosts related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Vezpuchi and/or the Host, you can book a Listing available on the Vezpuchi Platform by following the respective booking process. All applicable fees, including the Security Deposit (if applicable), Cleaning Fee and any applicable Taxes (collectively, " Total Fees") will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Vezpuchi Account.
8.1.2 Upon receipt of a booking confirmation from Vezpuchi, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Vezpuchi Payments will collect the Total Fees at the time of the booking request or upon the Host's confirmation.
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only be present in a Vezpuchi Rental if accompanied by an adult who is legally authorized to act on behalf of the minor.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (" Accommodation Booking") is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent ("Overstay"), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, any applicable Security Deposit may be forfeited in the event of an Overstay.
8.3 Booking Experiences, Events and other Host Services
8.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion, you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest's ability to utilize the rental space.
8.3.2 You must at all times adhere to the Hosts' instructions during a stay.
8.3.3 You may not bring any additional individuals to a stay unless such an individual was added by you as an additional guest during the booking process on the Vezpuchi Platform.
8.4 Vezpuchi Points
Vezpuchi Points may be redeemed for eligible bookings via the Vezpuchi. You may only redeem Vezpuchi Points after the Vezpuchi Points are reflected in your Vezpuchi Account. Vezpuchi Points are the property of Vezpuchi, Inc.
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Vezpuchi Platform, and agree to pay any Deposit Fees, Cleaning Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing's cancellation policy, and Vezpuchi Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, Vezpuchi may allow the Guest to apply the refund to a new booking, in which case Vezpuchi Payments will credit the amount against the Guest's subsequent booking at the Guest's direction. Vezpuchi may block a Host who cancels a reservation from booking on the Vezpuchi Platform for the dates of the cancelled booking, and/or (ii) impose a cancellation fee at Vezpuchi's discretion.
9.4 If inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, Vezpuchi will work with the Host and/or Guests to provide Guests an alternative date for the Host Service.
9.5 In certain circumstances, Vezpuchi may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate alternative accommodation arrangements for a Guest. As a Host, if such a cancelation is attributable to misrepresentations of Host Services, such as but not limited to scheduling conflicts or unsafe conditions, then the Host agrees that Vezpuchi may use Deposit Fees that the Host has paid as a Guest for another property to recover costs of making alternative arrangements for the Host's own Guests.
9.6 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Vezpuchi Account, and Vezpuchi Payments will handle all such payments.
10.1 Guests and Hosts can leave a public written review ("Review") and submit a binary rating (" Rating") about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Vezpuchi. Ratings and Reviews are not verified by Vezpuchi for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member's public profile and may also be surfaced elsewhere on the Vezpuchi Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to Vezpuchi, you will be given an opportunity to respond. If you agree to pay the Host, or Vezpuchi determines in its sole discretion that you are responsible for the Damage Claim, Vezpuchi Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim. Vezpuchi also reserves the right to otherwise collect payment from you and pursue any remedies available to Vezpuchi in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts.
11.3 Members agree to cooperate with and assist Vezpuchi in good faith, and to provide Vezpuchi with such information and take such actions as may be reasonably requested by Vezpuchi, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation. A Member shall, upon Vezpuchi's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Vezpuchi or a third party selected by Vezpuchi or its insurer, with respect to losses for which a Member is requesting payment from Vezpuchi (including but not limited to payments under the Vezpuchi Host Guarantee).
11.4 If you are a Guest or a Co-Host, you understand and agree that Vezpuchi may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host (including without limitation amounts paid by Vezpuchi under the Vezpuchi Host Guarantee). You agree to cooperate with and assist Vezpuchi in good faith, and to provide Vezpuchi with such information as may be reasonably requested by Vezpuchi, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Vezpuchi may reasonably request to assist Vezpuchi in accomplishing the foregoing.
12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Vezpuchi Platform. In connection with your use of the Vezpuchi Platform, you will not and will not assist or enable others to:
12.2 You acknowledge that Vezpuchi has no obligation to monitor the access to or use of the Vezpuchi Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Vezpuchi Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Vezpuchi in good faith, and to provide Vezpuchi with such information and take such actions as may be reasonably requested by Vezpuchi with respect to any investigation undertaken by Vezpuchi or a representative of Vezpuchi regarding the use or abuse of the Vezpuchi Platform.
12.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Vezpuchi by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
13.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Vezpuchi terminate the Agreement in accordance with this provision.
13.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Vezpuchi Account, any confirmed booking(s) will be automatically cancelled. If you cancel your Vezpuchi Account as a Guest, any confirmed booking(s) will be automatically cancelled and any Security Deposits you have paid may be used to support needs of inconvenienced Guests at Vezpuchi's discretion.
13.3 Unless your Country of Residence is the United States, without limiting our rights specified below, Vezpuchi may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
13.4 Vezpuchi may immediately, without notice, terminate this Agreement and/or stop providing access to the Vezpuchi Platform if (i) you have materially breached your obligations under these Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Vezpuchi believes in good faith that such action is reasonably necessary to protect the personal safety or property of Vezpuchi, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
13.5 In addition, Vezpuchi 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, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Vezpuchi Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Vezpuchi otherwise becomes 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) Vezpuchi believes in good faith that such action is reasonably necessary to protect the personal safety or property of Vezpuchi, its Members, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Vezpuchi and an opportunity to resolve the issue to Vezpuchi's reasonable satisfaction.
13.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
13.7 When this Agreement has been terminated, you are not entitled to a restoration of your Vezpuchi Account or any of your Member Content. If your access to or use of the Vezpuchi Platform has been limited or your Vezpuchi Account has been suspended or this Agreement has been terminated by us, you may not register a new Vezpuchi Account or access and use the Vezpuchi Platform through a Vezpuchi Account of another Member.
13.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Vezpuchi Platform or Collective Content, you do so voluntarily and at your sole risk. The Vezpuchi Platform and Collective Content is provided "as is", without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Vezpuchi Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Vezpuchi relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some using the Vezpuchi Platform may carry some inherent risk, and by participating in such services, you choose to assume those risks voluntarily.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
15.1 Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Vezpuchi Platform and Collective Content, your publishing or booking of any Listing via the Vezpuchi Platform, your stay at any Accommodation, or use of any other Host Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Vezpuchi nor any other party involved in creating, producing, or delivering the Vezpuchi Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Vezpuchi Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Vezpuchi Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing's Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Vezpuchi has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request, in no event will Vezpuchi's aggregate liability arising out of or in connection with these Terms and your use of the Vezpuchi Platform including, but not limited to, from your publishing or booking of any Listings via the Vezpuchi Platform, or from the use of or inability to use the Vezpuchi Platform or Collective Content and in connection with any Accommodation, other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for fees via the Vezpuchi Platform as a Guest or Host in the twelve (12) month period prior to the event giving rise to the liability, the amounts paid by Vezpuchi to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Vezpuchi and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Vezpuchi's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
15.2 If your Country of Residence is in the EU, Vezpuchi is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Vezpuchi is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Vezpuchi in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Vezpuchi is excluded.
You agree to release, defend (at Vezpuchi's option), indemnify, and hold Vezpuchi and its affiliates and subsidiaries, including but not limited to, Vezpuchi Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Vezpuchi Platform or any Vezpuchi Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Vezpuchi's Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
17.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against Vezpuchi in the United States (to the extent not in conflict with Section 21).
17.2 Overview of Dispute Resolution Process. Vezpuchi is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 17.1 applies: (1) an informal negotiation directly with Vezpuchi's customer service team, and (2) a binding arbitration administered by the American Arbitration Association ("AAA") using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 17.6). Specifically, the Consumer Arbitration Rules provide:
17.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Vezpuchi each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Vezpuchi's customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org ) provided to the other party, as specified in the AAA Rules.
17.4 Agreement to Arbitrate. You and Vezpuchi mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Vezpuchi Platform (collectively, "Disputes") will be settled by binding arbitration (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Vezpuchi agree that the arbitrator will decide that issue.
17.5 Exceptions to Arbitration Agreement. You and Vezpuchi each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
17.6 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 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.
17.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Vezpuchi 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 Vezpuchi 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.
17.8 Modification of AAA Rules - Attorney's Fees and Costs. You and Vezpuchi agree that Vezpuchi will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Vezpuchi agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys' fees and expenses if it prevails in arbitration.
17.9 Arbitrator's Decision. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim.
17.10 Jury Trial Waiver. You and Vezpuchi acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
17.11 No Class Actions or Representative Proceedings. You and Vezpuchi acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Vezpuchi both otherwise agree in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
17.12 Severability. Except as provided in Section 17.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
17.13 Changes. Notwithstanding the provisions of Section 3 ("Modification of these Terms"), if Vezpuchi changes this Section 19 ("Dispute Resolution and Arbitration Agreement") after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Vezpuchi's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Vezpuchi in accordance with the provisions of the "Dispute Resolution and Arbitration Agreement" section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
17.14 Survival. Except as provided in Section 17.12 and subject to Section 13.8, this Section 17 will survive any termination of these Terms and will continue to apply even if you stop using the Vezpuchi Platform or terminate your Vezpuchi Account.
18.1 These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 17 must be brought in state or federal court in New York, New York, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in New York, New York.
19.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Vezpuchi and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Vezpuchi and you in relation to the access to and use of the Vezpuchi Platform.
19.2 No joint venture, partnership, employment, or agency relationship exists between you and Vezpuchi as a result of this Agreement or your use of the Vezpuchi Platform.
19.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
19.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
19.5 Vezpuchi's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
19.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Vezpuchi's prior written consent. Vezpuchi may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.