Guest Refund Policy Terms
terms and conditions govern the TheBestPlacesEver Guest Refund Policy (the
“Guest Refund Policy ”) available to Guests who book and pay for an
Accommodation listed by a Host through the TheBestPlacesEver platform (the
"Site") and suffer a Travel Issue and the obligations of the Host
associated with the Guest Refund Policy.
1. Travel Issue. A
“Travel Issue” means any one of the following:
(a) the Host of the Accommodation (i) cancels a reservation shortly before the
scheduled start of the reservation, or (ii) fails to provide the Guest with the
reasonable ability to access the Accommodation (e.g., by providing the keys
and/or a security code).
(b) the description of the Accommodation in the listing on the Site is
materially inaccurate with respect to:
(i) the size of the Accommodation (e.g., number and size of the bedroom,
bathroom and/or kitchen or other rooms),
(ii) whether the reservation for the Accommodation is for a private room or
shared room, and whether another party, including the Host, is staying at the
Accommodation during the reservation,
(iii) special amenities or features represented in the listing description are
not provided or do not function, such as decks, pools, hot tubs, bathrooms
(toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other
appliances), and electrical, heating or air condition systems, or
(iv) the physical location of the Accommodation (proximity).
(c) at the start of the Guest’s reservation, the Accommodation: (i) is not
generally clean and sanitary (ii) contains safety or health hazards that would
be reasonably expected to adversely affect the Guest’s stay at the
Accommodation in TheBestPlacesEver’s judgment, (iii) does not contain clean
bedding and bathroom towels available for the Guest’s use, or (iv) has vermin
or contains pets not disclosed on the listing.
2. The Guest Refund Policy.
If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to
either (i) reimburse you up to the amount paid by you through the Site, as
determined by TheBestPlacesEver in our discretion, depending on the nature of
the Travel Issue suffered or (ii) use our reasonable efforts to find and book
you another Accommodation for any unused nights left in your reservation which
in our determination is reasonably comparable to the Accommodation described in
your original reservation in terms of size, rooms, features and quality.
All determinations of TheBestPlacesEver with respect to the Guest Refund
Policy, including without limitation the size of any refund, shall be final and
binding on the Guests and Hosts.
3. Conditions to Claim a Travel Issue.
Only a Guest may submit a claim for a Travel Issue. If you are a Guest,
in order to submit a valid claim for a Travel Issue and receive the benefits
with respect to your reservation, you are required to meet each of the
(a) you must bring the Travel Issue to our attention in writing or via
telephone and provide us with information (including photographs or other
evidence) about the Accommodation and the circumstances of the Travel Issue within
24 hours after the start of your reservation, and must respond to any requests
by us for additional information or cooperation on the Travel Issue.
(b) you must not have directly or indirectly caused the Travel Issue (through
your action, omission or negligence).
(c) you must have used reasonable efforts to try to remedy the circumstances of
the Travel Issue with the Host prior to making a claim for a Travel Issue.
4. Minimum Quality Standards, Host
Responsibilities and Reimbursement to Guest. If you are a
Host, you are responsible for ensuring that the Accommodations you list on the
Site meet minimum quality standards regarding access, adequacy of the
description on the Site, safety, cleanliness, and do not present a Guest with
Travel Issues. During the 24-hour period following the Guest’s check-in, Hosts
should be available, or make a third-party available, in order to try, in good
faith, to resolve Guest issues.
If you are a Host, and if (i) TheBestPlacesEver determines that a Guest has
suffered a Travel Issue related to an Accommodation listed by you and (ii) TheBestPlacesEver
either reimburses that Guest any amount up to the amount paid by the Guest
through the Site for the Accommodation or provides an alternative Accommodation
to the Guest, you agree to reimburse TheBestPlacesEver up to the amount paid by
TheBestPlacesEver within 30 days of TheBestPlacesEver’s request. All
determinations of TheBestPlacesEver with respect to the Guest Refund Policy,
including without limitation the size of any refund to the Guest, shall be
final and binding on the Guests and Hosts. You also agree that in order
for you to reimburse TheBestPlacesEver up to the amount paid by TheBestPlacesEver,
TheBestPlacesEver may off-set or reduce any amounts owed by TheBestPlacesEver
to you by this amount. If the Guest remains for part or all of the stay despite
the Travel Issue, the Guest will receive a refund that will reduce the amount
of the Accommodation Fees ultimately paid to you. If the Guest is relocated to
an alternative Accommodation, you may lose part or all of the Accommodation Fee
payment for the booking and you may be responsible for reasonable additional
costs incurred to relocate the Guest to the alternative Accommodation.
The rights of the Guests under the Guest Refund Policy supersede the
cancellation policy established by a Host. If you dispute the Travel
Issue you may notify us in writing or via telephone and provide us with
information (including photographs or other evidence) disputing the claims
regarding the Travel Issue, provided you must have used reasonable and good
faith efforts to try to remedy the Travel Issue with the Guest prior to
disputing the Travel Issue claim. You agree that all determinations of TheBestPlacesEver
with respect to the Travel Issue shall be final and binding on the Guests and
Hosts regardless of your submission of a dispute against such Travel
Issue. In the event of one or more Travel Issues, TheBestPlacesEver, in
its discretion, may elect to take additional actions. These actions include,
but are not limited to, negatively affecting your listing ranking, automated
reviews indicating Travel Issues, cancelling future bookings, suspending or
removing the listing of the Accommodation or imposing penalties or fees for the
administrative burden associated with the Travel Issues.
5. General Provisions.
(a) No Assignment/No Insurance. This Guest Refund
Policy is not intended to constitute an offer to insure, does not constitute
insurance or an insurance contract, does not take the place of insurance
obtained or obtainable by the Guest, and the Guest has not paid any premium in
respect of the Guest Refund Policy. The benefits provided under
this Guest Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. TheBestPlacesEver
reserves the right to modify or terminate this Guest Refund Policy, at any
time, in its sole discretion, and without prior notice. If TheBestPlacesEver
modifies this Guest Refund Policy, we will post the modification on the Site or
provide you with notice of the modification and TheBestPlacesEver will continue
to process all claims for Travel Issues made prior to the effective date of the
(c) Entire Agreement and Definitions. This Guest Refund
Policy constitutes the entire and exclusive understanding and agreement between
TheBestPlacesEver and you regarding the Guest Refund Policy and supersedes and
replaces any and all prior oral or written understandings or agreements between
TheBestPlacesEver and you regarding the Guest Refund Policy. Capitalized
terms not otherwise defined herein shall have the meaning set forth in the TheBestPlacesEver
Terms of Service.
(d) Controlling Law. This Guest Refund Policy will be
interpreted in accordance with the laws of the State of California and the
United States of America, without regard to its conflict-of-law provisions.
(e) Limitation of Liability. IN NO EVENT WILL TheBestPlacesEver’S
AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TheBestPlacesEver
POLICY TERMS, EXCEED THE AMOUNT OF THE ACCOMMODATION FEES COLLECTED BY TheBestPlacesEver
FROM THE GUEST. 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.
YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN
ACCOMMODATION OR OTHERWISE USING THE SITE, SERVICES AS A HOST OR GUEST, YOU ARE
INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY
THESE POLICY TERMS.
6. Contacting TheBestPlacesEver.
If you have any questions about the Guest Refund Policy, please contact TheBestPlacesEver.