Privacy Policy
PLEASE READ THESE
TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR
LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND
EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS
TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, HOSTS
SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES
HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS.
THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES. IN MANY
CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A
PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE
PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE
LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW
LOCAL LAWS BEFORE LISTING A SPACE ON NICHE ESCAPES.
Last Updated: 27th
August, 2015
TERMS OF SERVICE
If you are using the
Site, Application or Services and you reside in the USA, you are contracting
with Niche Escapes Ltd UK. with respect to use of the Niche Escapes Site,
Application or Services, and with Niche Escapes Ltd. with respect to any
payments or payouts from or to you conducted through the Site, Application or
Services. If you reside outside of the USA, you are contracting with Niche
Escapes Ireland with respect to use of the Niche Escapes Site, Application or Services, and with Niche Escapes Payments UK Ltd. with
respect to any payments or payouts from or to you conducted through the Site,
Application or Services. If you initially reside in the USA and contract with Niche
Escapes Ltd. and/or Niche Escapes Ltd., but subsequently change your residence
to outside of the USA, you will contract with Niche Escapes Ireland from the
date on which your place of residence changes, and vice versa. (Niche Escapes
Ltd., Niche Escapes Ireland, Niche Escapes Payments UK Ltd. and Niche Escapes
Ltd. (the last two solely with respect to payments and payouts related
activity) are each hereinafter referred to as "Niche Escapes",
"we", "us", or "our"). Niche
Escapes Ltd. and Niche Escapes Payments UK Ltd. shall individually and
collectively, as appropriate, be referred to herein as "Niche Escapes
Payments".
Niche Escapes provides
an online platform that connects hosts who have accommodations to rent with
guests seeking to rent such accommodations (collectively, the "Services"),
which Services are accessible at http://www.NicheEscapes.com and any other websites through which Niche
Escapes makes the Services available (collectively, the "Site")
and as applications for mobile devices (the "Application"). By
using the Site or Application, you agree to comply with and be legally bound by
the terms and conditions of these Terms of Service ("Terms"),
whether or not you become a registered user of the Services. These Terms govern
your access to and use of the Site, Application and Services and all Collective
Content (defined below), and your participation in the Referral Program
(defined below), and constitute a binding legal agreement between you and Niche
Escapes. Please also read carefully our Privacy Policy at http://www.NicheEscapes.com/page/privacy_policy. If you do not agree to these Terms, you have
no right to obtain information from or otherwise continue using the Site,
Application or Services. Failure to use the Site, Application or Services in
accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION
AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE
LISTINGS FOR ACCOMMODATIONS AND GUESTS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS
DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT NICHE ESCAPES IS NOT A
PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS NICHE
ESCAPES A REAL ESTATE BROKER, AGENT OR INSURER. NICHE ESCAPES HAS NO CONTROL
OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND
SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
Key Terms
"Niche Escapes
Content" means all Content that Niche Escapes makes available through
the Site, Application, or Services, including any Content licensed from a third
party, but excluding Member Content.
"Booking Request Period" means the time period starting from
the time when a booking is requested by a Guest (as determined by Niche Escapes
in its sole discretion), within which a Host may decide whether to confirm or
reject that booking request, as stated on the Site, Application or Services.
Different Booking Request Periods may apply in different places.
"Collective Content" means Member Content and Niche Escapes
Content.
"Content" means text, graphics, images, music, software
(excluding the Application), audio, video, information or other
materials.
"Guest" means a Member who requests from a Host a booking of
an Accommodation via the Site, Application or Services, or a Member who stays
at an Accommodation and is not the Host for such Accommodation.
"Host" means a Member who creates a Listing via the Site,
Application and Services.
"Listing" means an Accommodation that is listed by a Host as
available for rental via the Site, Application, and Services.
"Member" means a person who completes Niche Escapes's account registration process, including but not
limited to Hosts and Guests, as described under "Account
Registration" below.
"Member Content" means all Content that a Member posts,
uploads, publishes, submits, transmits, or includes in their Listing or Member
profile to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value
added taxes (VAT), goods and services taxes (GST), transient occupancy taxes,
tourist or other visitor taxes, accommodation or lodging taxes, fees (such as
convention center fees) that accommodation providers may be required by law to
collect and remit to governmental agencies, and other similar municipal, state,
federal and national indirect or other withholding and personal or corporate
income taxes.
Certain areas of the
Site and Application (and your access to or use of certain aspects of the
Services or Collective Content) may have different terms and conditions posted
or may require you to agree with and accept additional terms and conditions. If
there is a conflict between these Terms and terms and conditions posted for a
specific area of the Site, Application, Services, or Collective Content, the
latter terms and conditions will take precedence with respect to your use of or
access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND
AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY
DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR
THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU
UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE
REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS,
THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR
COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a
company or other legal entity, you represent and warrant that you have the
authority to bind that company or other legal entity to these Terms and, in
such event, "you" and "your" will refer and apply to that
company or other legal entity.
Modification
Niche Escapes reserves the right, at its sole discretion, to
modify the Site, Application or Services or to modify these Terms, including
the Service Fees, at any time and without prior notice. If we modify these
Terms, we will either post the modification on the Site or via the Application
or otherwise provide you with notice of the modification. We will also update
the "Last Updated Date" at the top of these Terms. By continuing to
access or use the Site, Application or Services after we have posted a
modification on the Site or via the Application or have provided you with
notice of a modification, you are indicating that you agree to be bound by the
modified Terms. If the modified Terms are not acceptable to you, your only
recourse is to cease using the Site, Application and Services.
Eligibility
The Site, Application
and Services are intended solely for persons who are 18 or older. Any access to
or use of the Site, Application or Services by anyone under 18 is expressly
prohibited. By accessing or using the Site, Application or Services you represent
and warrant that you are 18 or older.
How the Site,
Application and Services Work
The Site, Application
and Services can be used to facilitate the listing and booking of residential
and other properties ("Accommodations"). Such Accommodations
are included in Listings on the Site, Application and Services by Hosts. You
may view Listings as an unregistered visitor to the Site, Application and
Services; however, if you wish to book an Accommodation or create a Listing,
you must first register to create an Niche Escapes
Account (defined below).
As stated above, Niche
Escapes makes available an online platform or marketplace with related
technology for Guests and Hosts to meet online and arrange for bookings of
Accommodations directly with each other. Niche Escapes is not an owner or
operator of properties, including, but not limited to, hotel rooms, motel
rooms, other lodgings or Accommodations, nor is it a provider of properties,
including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations
and Niche Escapes does not own, sell, resell, furnish, provide, rent, re-rent,
manage and/or control properties, including, but not limited to, hotel rooms,
motel rooms, other lodgings or Accommodations or transportation or travel
services. Unless explicitly specified otherwise in the Niche Escapes platform, Niche
Escapes's responsibilities are limited to: (i) facilitating the availability of the Site, Application
and Services and (ii) serving as the limited payment collection agent of each
Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS
STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO
FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH
EACH OTHER. NICHE ESCAPES CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN
ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. NICHE
ESCAPES IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO
ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE
OR ACCEPTED AT THE MEMBER'S OWN RISK.
Account Registration
In order to access
certain features of the Site and Application, and to book an Accommodation or
create a Listing, you must register to create an account ("Niche
Escapes Account") and become a Member. You may register to join the
Services directly via the Site or Application or as described in this section.
You can also register
to join by logging into your account with certain third-party social networking
sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"),
via our Site or Application, as described below. As part of the functionality
of the Site, Application and Services, you may link your Niche Escapes Account
with Third-Party Accounts, by either: (i) providing
your Third-Party Account login information to Niche Escapes through the Site,
Services or Application; or (ii) allowing Niche Escapes to access your
Third-Party Account, as permitted under the applicable terms and conditions
that govern your use of each Third-Party Account. You represent that you are
entitled to disclose your Third-Party Account login information to Niche
Escapes and/or grant Niche Escapes access to your Third-Party Account
(including, but not limited to, for use for the purposes described herein),
without breach by you of any of the terms and conditions that govern your use
of the applicable Third-Party Account and without obligating Niche Escapes to
pay any fees or making Niche Escapes subject to any usage limitations imposed
by such third-party service providers. By granting Niche Escapes access to any
Third-Party Accounts, you understand that Niche Escapes will access, make
available and store (if applicable) any Content that you have provided to and
stored in your Third-Party Account ("SNS Content") so that it
is available on and through the Site, Services and Application via your Niche
Escapes Account and Niche Escapes Account profile page. Unless otherwise
specified in these Terms, all SNS Content, if any, will be considered to be
Member Content for all purposes of these Terms. Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set in
such Third-Party Accounts, personally identifiable information that you post to
your Third-Party Accounts will be available on and through your Niche Escapes
Account on the Site, Services and Application. Please note that if a
Third-Party Account or associated service becomes unavailable or Niche Escapes's access to such Third-Party Account is terminated
by the third-party service provider, then SNS Content will no longer be
available on and through the Site, Services and Application. You have the
ability to disable the connection between your Niche Escapes Account and your
Third-Party Accounts, at any time, by accessing the "Settings"
section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH
THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Niche
Escapes makes no effort to review any SNS Content for any purpose, including
but not limited to for accuracy, legality or non-infringement and Niche Escapes
is not responsible for any SNS Content.
Your Niche Escapes Account and your Niche Escapes
Account profile page will be created for your use of the Site and Application
based upon the personal information you provide to us or that we obtain via an
SNS as described above. You may not have more than one (1) active Niche Escapes
Account. You agree to provide accurate, current and complete information during
the registration process and to update such information to keep it accurate,
current and complete. Niche Escapes reserves the right
to suspend or terminate your Niche Escapes Account and your access to the Site,
Application and Services if you create more than one (1) Niche Escapes Account,
or if any information provided during the registration process or thereafter
proves to be inaccurate, fraudulent, not current or incomplete. You are
responsible for safeguarding your password. You agree that you will not
disclose your password to any third party and that you will take sole
responsibility for any activities or actions under your Niche Escapes Account,
whether or not you have authorized such activities or actions. You will
immediately notify Niche Escapes of any unauthorized use of your Niche Escapes
Account.
Accommodation Listings
As a Member, you may
create Listings. To create a Listing, you will be asked a variety of questions
about the Accommodation to be listed, including, but not limited to, the
location, capacity, size, features, and availability of the Accommodation and
pricing and related rules and financial terms. In order to be featured in
Listings via the Site, Application and Services, all Accommodations must have
valid physical addresses. Listings will be made publicly available via the
Site, Application and Services. Other Members will be able to book your Accommodation
via the Site, Application and Services based upon the information provided in
your Listing. You understand and agree that once a Guest requests a booking of
your Accommodation, you may not request the Guest to
pay a higher price than in the booking request.
You acknowledge and
agree that you alone are responsible for any and all Listings and Member
Content you post. Accordingly, you represent and warrant that any Listing you
post and the booking of, or a Guest's stay at, an Accommodation in a Listing
you post (i) will not breach any agreements you have
entered into with any third parties, such as homeowners association,
condominium, lease or rental agreements, and (ii) will (a) be in compliance
with all applicable laws (such as zoning laws and laws governing rentals of
residential and other properties), Tax requirements, and rules and regulations
that may apply to any Accommodation included in a Listing you post (including
having all required permits, licenses and registrations), and (b) not conflict
with the rights of third parties. Please note that Niche Escapes assumes no
responsibility for a Host's compliance with any agreements with or duties to
third parties, applicable laws, rules and regulations. Niche Escapes reserves
the right, at any time and without prior notice, to remove or disable access to
any Listing for any reason, including Listings that Niche Escapes, in its sole
discretion, considers to be objectionable for any reason, in violation of these
Terms or Niche Escapes's then-current Policies and Community
Guidelines, or otherwise harmful to the Site, Application or
Services.
If you are a Host, you
understand and agree that Niche Escapes does not act as an insurer or as your
contracting agent. If a Guest requests a booking of your Accommodation and
stays at your Accommodation, any agreement you enter into with such Guest is
between you and the Guest and Niche Escapes is not a party to it.
Notwithstanding the foregoing, Niche Escapes Payments serves as the limited
authorized payment collection agent of the Host for the purpose of accepting,
on behalf of the Host, payments from Guests of such amounts stipulated by the
Host (including cleaning or other fees and/or Taxes).
When you create a Listing,
you may also choose to include certain requirements which must be met by the
Members who are eligible to request a booking of your Accommodation, such as
requiring Members to have a profile picture or verified phone number, in order
to book your Accommodation. Any Member wishing to book Accommodations included
in Listings with such requirements must meet these requirements. More
information on how to set such requirements is available via the
"Hosting" section of the Site, Application and Services.
If you are a Host, Niche
Escapes makes certain tools available to you to help you to make informed
decisions about which Members you choose to confirm or preapprove
for booking for your Accommodation. You acknowledge and agree that, 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 the individuals the Guest invites to the Accommodation, if applicable.)
Niche Escapes
recommends that Hosts obtain appropriate insurance for their Accommodations.
Please review any insurance policy that you may have for your Accommodation
carefully, and in particular please make sure that you are familiar with and
understand any exclusions to, and any deductibles that may apply for, such
insurance policy, including, but not limited to, whether or not your insurance
policy will cover the actions or inactions of Guests (and the individuals the
Guest invites to the Accommodation, if applicable) while at your Accommodation.
Niche Escapes may
offer Hosts the option of having photographers take photographs of their
Accommodations. If you as a Host choose to have a photographer do this, the
photographs taken will be made available to you to include in your Listing with
a watermark or tag bearing the words "Niche Escapes.com Verified
Photo" or similar wording ("Verified Images"). You agree
that you alone are responsible for ensuring that your Listing is accurately
represented in the Verified Images. You alone are responsible for using the
Verified Images and you warrant that you will cease to use the Verified Images
or any other images if such images cease to accurately represent your Listing. All images, materials and content created by
these photographers, including Verified Images, constitute Niche Escapes
Content, regardless of whether you include them in your Listing. You agree that
Niche Escapes may use the Verified Images for advertising, marketing,
commercial and other business purposes in any media or platform, whether in
relation to your Listing or otherwise, without further notice or compensation.
No Endorsement
Niche Escapes does not
endorse any Member or any Accommodation. You understand that Verified Images
are intended only to indicate a photographic representation of the
Accommodation at the time the photograph was taken. Verified Images are
therefore not an endorsement by Niche Escapes of any Member or any
Accommodation. Members are required by these Terms to provide accurate
information, and although Niche Escapes may undertake additional checks and
processes designed to help verify or check the identities or backgrounds of
users, we do not make any representations about, confirm, or endorse any Member
or the Member's purported identity or background.
Any references in the
Site, Application or Services to a Member being "verified" or
"connected" (or similar language) only indicate that the Member has
completed a relevant verification process, and does not represent anything
else. Any such description is not an endorsement, certification or guarantee by
Niche Escapes about any Member, including of the Member's identity and whether
the Member is trustworthy, safe or suitable. Instead, any such description is
intended to be useful information for you to evaluate when you make your own
decisions about the identity and suitability of others whom you contact or
interact with via the Site, Application and Services. We therefore recommend
that you always exercise due diligence and care when deciding whether to stay
with a Host or to accept a booking request from a Guest, or to have any other
interaction with any other Member.
By using the Site,
Application or Services, you agree that any legal remedy or liability that you
seek to obtain for actions or omissions of other Members or other third parties
will be limited to a claim against the particular Members or other third
parties who caused you harm. You agree not to attempt to impose liability on or
seek any legal remedy from Niche Escapes with respect to such actions or
omissions. Accordingly, we encourage you to communicate directly with other
Members on the Site and Services regarding any bookings or Listings made by
you. This limitation shall not apply to any claim by a Host against Niche
Escapes regarding the remittance of payments received from a Guest by Niche
Escapes on behalf of a Host, which instead shall be subject to the limitations
described in the section below entitled "Limitation of Liability".
Bookings and Financial
Terms
Key definitions
"Accommodation
Fees" means the amounts that are due and payable by a Guest in
exchange for that Guest's stay in an Accommodation. The Host alone, and not Niche
Escapes, is responsible for the Accommodation Fees for his or her Listing. The
Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Niche
Escapes platform, or (ii) Taxes that the Host determines that he or she has to
collect.
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