Bookings and Financial Terms for Guests

 

 

The Hosts, not FINACC, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not FINACC, will be responsible for performing the obligations of any such agreements, that FINACC is not a party to such agreements, and that, with the exception of its payment obligations hereunder, FINACC disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that FINACC is not a party to the agreement between you and the Host, FINACC Payments acts as the Host's payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to FINACC Payments, your payment obligation to the Host for the Accommodation Fees is extinguished, and FINACC Payments is responsible for remitting the Accommodation Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe), in the manner described in these Terms. In the event that FINACC Payments does not remit any such amounts as described in these Terms, such Host will have recourse only against such FINACC entity.

The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by FINACC Payments will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest's credit card will be released, if applicable.

You as a Guest agree to pay FINACC for the Total Fees for any booking requested in connection with your FINACC Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host's confirmation of your requested booking, you understand and agree that FINACC Payments, on behalf of the Host, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, FINACC Payments will collect the Total Fees due once FINACC receives confirmation of your booking from the applicable Host; if necessary, Total Fees may instead be collected at a later point. Please note that FINACC cannot control any fees that may be charged to a Guest by his or her bank related to FINACC's collection of the Total Fees, and FINACC disclaims all liability in this regard.

 

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to FINACC Payments or its third-party payment processor(s). You agree to pay FINACC Payments for any confirmed bookings made in connection with your FINACC Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by FINACC Payments or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize FINACC Payments to charge your credit card in the event of damage caused at an Accommodation as contemplated under "Damage to Accommodations" below and for Security Deposits, if applicable. If you are directed to FINACC

 

Payments' third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

 

 

Security Deposits

Hosts may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of an Accommodation, and a Host makes a claim against such Security Deposit, FINACC Payments will, in its capacity as the payment collection agent of the Host, use its commercially reasonable efforts to charge the Guest's payment method in the amount of the Security Deposit, within a reasonable period of time after the Guest's check-out from the Host's Accommodation. FINACC will also use its commercially reasonable efforts to address Hosts' requests and claims related to Security Deposits, but FINACC is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.

 

 

Service Fees

 

In consideration for the use of FINACC's online marketplace and platform, FINACC charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Host Fees and Guest Fees. FINACC Payments deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees.

Balances will be remitted by FINACC Payments to Hosts via check, PayPal, direct deposit or other payment methods, as described on the Site or via the Application, in the Host's currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Amounts may be rounded up or down as described the "Rounding Off" section below.

Please note that FINACC Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by FINACC in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found at www.FINACC.com/help. Except as otherwise provided herein, Service Fees are non-refundable.

 

General Booking and Financial Terms

 

Cancellations and Refunds

 

If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, FINACC Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host.

 

If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) FINACC Payments will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from FINACC containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's requested booking, then the Guest agrees to pay FINACC the Total Fees relating to the confirmed booking for the

Accommodation in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a

 

Guest, have not received an email or other communication from FINACC, please contact FINACC.

If, as a Host, you cancel a confirmed booking, you agree that FINACC may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your FINACC Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, FINACC may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in FINACC's Extenuating Circumstances policy or for any other reason. FINACC Payments may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy. You agree that FINACC and the relevant Guest or

 

Host will not have any liability for such cancellations or refunds.

If, as a Host, your Guest cancels a confirmed booking or FINACC decides that it is necessary to cancel a confirmed booking, and

FINACC issues a refund to the Guest in accordance with the Guest Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid FINACC shall be entitled to recover the amount of any such Guest refund from you, including by subtracting such refund amount out from any future Accommodation Fees due to you.

 

Recurring Payments

 

In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, "Recurring Payments"). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Guest authorizes FINACC Payments, on behalf of the Host, to collect the Total

Fees and the Host agrees that such FINACC entity will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the Site, Application and Services.

 

Rounding Off

 

FINACC may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, FINACC will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Some currencies are denominated in large numbers. In those cases, FINACC may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for FINACC to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

 

Payment Processing Errors

 

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount. 

 

Donations

 

Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Host does in fact make the donation he or she pledged to make. In such cases, the Host in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.

 

Taxes

 

Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Hosts, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US hosts with at least one Listing in the US. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Host and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

 

You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. FINACC cannot and does not offer Tax-related advice to any Members.

 

 

Where applicable, or based upon request from a Host, FINACC may issue a valid VAT invoice to such Host.

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").

 

Occupancy Tax Collection and Remittance

 

In certain jurisdictions, FINACC may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with your directions in this Agreement ("Collection and Remittance") if such tax jurisdiction asserts FINACC or Hosts have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, whether you are a Guest or Host, in lieu of the Host collecting Occupancy taxes from

 

Guests and remitting to the Tax Authority, you hereby instruct and authorize FINACC to collect Occupancy Taxes from Guests on the Host's behalf at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When FINACC facilitates Collection and Remittance of Occupancy Taxes in a jurisdiction for the first time, FINACC will provide notice to existing Hosts with Listings for Accommodations in such jurisdictions. When a new listing is created in a jurisdiction where FINACC facilitates Collection and Remittance of Occupancy Taxes, the Host will be notified in the listing creation flow.  

The amount of Occupancy Taxes, if any, collected and remitted by FINACC will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where FINACC is directly facilitating Collection and Remittance, Guests and Hosts agree that Hosts are not permitted to attempt collection, or collect any Occupancy Taxes relating to their

 

Accommodations on FINACC in that such jurisdiction. You expressly agree to release, defend, indemnify, and hold FINACC and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Accommodations.   For any jurisdiction in which we facilitate Collection and Remittance, Hosts and Guests expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their Transactions, Bookings, Accommodations and Occupancy

 

Taxes, including, but not limited to, personally identifiable information such as Host or Guest's name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information, to the relevant Tax Authority.

 

 

Opt-in to Host Remittance of Taxes

 

 

In other jurisdictions, FINACC may decide in its sole discretion to facilitate Occupancy Tax collection on behalf of Hosts and Guests in accordance with a Host's direction to opt in to a specific Occupancy Tax line item in the booking process, in which the Host directs that Occupancy Taxes from Guests be sent directly to the Host so that the Host will remit such taxes directly to Tax Authority -(-"Opt-in for Host Remittance"). In any jurisdiction in which we decide to facilitate Collection by Opt-in for Host Remittance, whether you are a Guest or Host, you hereby instruct and authorize FINACC to send Occupancy Taxes received from Guests at the time Accommodation Fees are collected to the Host who is obligated to send such taxes to the Tax Authority directly. If FINACC offers and a Host selects Opt-in for Host Remittance in any jurisdiction, Hosts and Guests remain solely responsible and liable for the payment and remittance of any and all taxes that may apply to Accommodations; you agree and understand that FINACC is not responsible for, and will not send any such Occupancy Taxes to the Tax Authority under Opt-in to Host Remittance of Taxes.  You hereby agree that through third party payment processors, FINACC is merely processing Your election and direction to have Occupancy Taxes from Guests sent directly to the Host for remittance by the Host to the Tax Authority, and that You will remit all amounts collected from Guests as Occupancy Taxes to such Tax Authority.  You expressly agree to release, defend, indemnify, and hold FINACC and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes,  including, without limitation, the applicability of, calculation of, collection of Occupancy Taxes in any amount or at all as to your transactions or Accommodations.  For any jurisdiction in which we facilitate Opt-in for Host Remittance, Hosts and Guests expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their Transactions, Bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Host or Guest's name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Hosts from Guests, or allegedly due, contact information and similar information, to the relevant Tax Authority.

 

Miscellaneous Occupancy Tax Provisions

 

Whether you are a Guest or Host, you agree that any claim or cause of action relating to FINACC's facilitation of Opt-in Remittance or Collection and Remittance of Taxes shall not extend to any supplier or vendor that may be used by FINACC in connection with facilitation of Opt-in Remittance or Collection and Remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from You in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by FINACC from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

 

 

In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating) the collection or remittance of Occupancy Taxes by Collection and Remittance, Opt-in for Host Remittance or any other means or method, in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations.

 

Hosts and Guests acknowledge and agree that in some jurisdictions, FINACC may decide not to facilitate collection or remittance of Occupancy Taxes or may not be able to facilitate the collection and/or remittance of Occupancy Taxes, and nothing contained in this Agreement is a representation or guarantee that FINACC will facilitate collection and/or remittance of Occupancy Tax anywhere at all, including in any specific jurisdiction, or that FINACC will continue to facilitate any collection or remittance of Occupancy Tax in any specific jurisdiction in which it may have been offered. FINACC reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Occupancy Tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give Hosts reasonable notice in any jurisdiction in which FINACC determines to cease any such facilitation.  

 

Damage to Accommodations

 

As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, 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. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your FINACC Account. FINACC also reserves the right to charge the credit card on file in your FINACC Account, or otherwise collect payment from you and pursue any avenues available to FINACC in this regard, including using Security Deposits, in situations in which you have been determined, in FINACC's sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the FINACC Host Guarantee, and in relation to any payments made by FINACC to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the

Accommodation to the applicable Host or to FINACC (if applicable).

 

Both Guests and Hosts agree to cooperate with and assist FINACC in good faith, and to provide FINACC with such information and take such actions as may be reasonably requested by FINACC, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the FINACC Host Guarantee) or with respect to any investigation undertaken by FINACC or a representative of FINACC regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon FINACC's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by FINACC or a third party selected by FINACC or its insurer, with respect to losses for which the Host is requesting payment from FINACC under the FINACC Host Guarantee.

 

If you are a Guest, you understand and agree that FINACC 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 or to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by FINACC under the FINACC Host Guarantee). You agree to cooperate with and assist FINACC in good faith, and to provide FINACC with such information as may be reasonably requested by FINACC, in order 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 FINACC may reasonably request to assist FINACC in accomplishing the foregoing.

 

 

Overstaying without the Host's Consent

 

 

Guests agree that a confirmed reservation is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed reservation and in accordance with the Guest's agreement with the Host. Guests further 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 the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host's consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, for each 24 hour period that the Guest stays over the agreed period without the Host's consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, "Additional Sums"). Guests agree that FINACC Payments, in its role as limited collection agent for the Host, shall charge the Guest's credit card or other payment methods it has on file to collect these Additional Sums. In addition, FINACC Payments may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Guest's credit card or other payment method on file.

 

Foreign Currency

 

FINACC's online platform facilitates bookings between Guests and Hosts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the FINACC platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.

Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.

 

Key definitions

 

"Display Currency"

 

means the currency in which users view Listing prices on the FINACC platform. Guests may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.  
 

"Booking Currency"

 

means the currency in which a Guest has to pay for his or her booking. At the time the Guest submits a booking request, the FINACC platform will select the Booking Currency, based on the Guest's country of origin and the payment methods available for that country. FINACC supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.  
 

"Listing Currency"

 

means the currency in which a Listing's price is set. The Listing Currency is set by the Host.  

 

"Payout Currency"

 

means the currency in which a Host's payout will be paid to the Host. The Payout Currency is set by the Host.  
 

"Base Exchange Rate"

 

means a system-wide rate used by FINACC for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by FINACC. FINACC establishes the Base Exchange Rate using data from one or more third parties such as OANDA (http://www.oanda.com).  
 

"Adjusted Exchange Rate"

 

means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by FINACC for its holding costs and foreign currency risks.

Foreign currency conversions on the FINACC platform

FINACC Payments will process a foreign currency conversion in the following situations:

 

• The Display Currency is different from the Listing Currency when a user views a Listing: FINACC will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied.

 

• The Booking Currency is different from the Listing Currency when a Guest submits a booking request for a Listing: FINACC will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Guest will be able to view the actual exchange rate applied. The Guest Fee, which is a percentage of the applicable Accommodation Fees, will be calculated based on the Accommodation Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied.

 

• The Payout Currency is different from the Listing Currency when FINACC initiates a payout: generally, FINACC will calculate the payout to the Host, by applying the Base Exchange Rate on the date that FINACC initiates the payout to the Accommodation Fees (less FINACC's Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) in the Listing Currency. The Host will be able to view the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the Host involves certain third-party payment processors (such as Western Union), (i) FINACC will send the payout amount to the processor in a major currency (e.g. US dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the Host will be able to view the payout amount sent by FINACC in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the Host by applying its own foreign currency conversion rate for that major currency to the Payout Currency.

 

• When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest.

 

When you as a Guest submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.

FINACC updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, FINACC does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.

Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to FINACC.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

 

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

 

• use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;

 

• access or use our Site, Application, Services or the FINACC API to use, expose, or allow to be used or exposed, any FINACC Content: (i) that is not publicly displayed by FINACC in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the FINACC Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of FINACC's users or any other third party;

 

• use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;

 

• copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;

 

• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

 

• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

 

• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

 

• use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;

 

• "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an FINACC Guest or Host;

 

• offer, as a Host, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);

 

• offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;

 

• register for more than one FINACC Account or register for an FINACC Account on behalf of an individual other than yourself;

 

• unless FINACC explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;

 

• contact a Host for any purpose other than asking a question related to a booking, such Host's Accommodations or Listings;

 

• contact a Guest for any purpose other than asking a question related to a booking or such Guest's use of the Site, Application and Services;

 

• recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to FINACC, without FINACC's prior written approval;

 

• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

 

• use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;

 

• use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to FINACC's provision of the Services or for any other reasons;

 

• as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;

 

• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

 

• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

 

• use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, FINACC's name, any FINACC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without FINACC's express written consent;

 

• access, tamper with, or use non-public areas of the Site, Application or Services, FINACC's computer systems, or the technical delivery systems of FINACC's providers;

 

• attempt to probe, scan, or test the vulnerability of any FINACC system or network or breach any security or authentication measures;

 

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FINACC or any of FINACC's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

 

• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

 

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or

 

• advocate, encourage, or assist any third party in doing any of the foregoing.

 

• accept or make a payment for Accommodation Fees outside FINACC Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold FINACC harmless from any liability for such payment.

 

FINACC has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

FINACC may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against FINACC or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the FINACC Host Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of FINACC, its users, or members of the public. You acknowledge that FINACC has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. FINACC reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that FINACC, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services..