PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND TALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFOE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITiONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 07/01/2016
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Smokehost, LLC, also known as Smokehost and Inc Travels, LLC, located at3750 East 12th Ave, Denver, Colorado, 80206 and our subsidiaries and affiliates, in association with the use of the Smokehost website, which includes www.Smokehost.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
Smokehost 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 www.Smokehost.com and any other websites through which Smokehost makes the Services available (collectively, the “Site”) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”).
The online platform provides the ability for hosts to create listings for accommodations and guests search, find and book accommodations directly with the hosts. You understand and agree that Smokehost is not a party to any agreements entered into between hosts and guests, nor is Smokehost a real estate broker, agent or insurer. Smokehost 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.
If you, as a host, create a listing on Smokehost, you understand and agree that your relationship with Smokehost is limited to being a member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Smokehost in any capacity, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Smokehost. Smokehost does not control, and has no right to control, your listing, your offline activities associated with your listing, or any other matters related to any listing, that you provide. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Smokehost, including by inappropriately using any Smokehost intellectual property.
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 and receive our services, 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.
By accessing or using our site, in particular, hosts should understand how the laws work in their respective municipalities. Some municipalities may have laws that restrict landowners, landlords, property managers, etc., from hosting paying guests for short periods without first registering, getting a permit, or obtaining a license before listing a property or accepting guests. Certain types of short-term bookings may be prohibited altogether. It is the responsibility of the hosts to review and understand all the local laws before listing a space on Smokehost, and that by using our services you acknowledge and attest that your listing are in full compliance with the law.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed “users” of the herein contained Services provided for the purpose of this TOS. Once and individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Smokehost. At its discretion, Smokehost may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Smokehost does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or product. You, as the end user and/or member, acknowledge, accept and agree that Smokehost shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any or our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of the Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Smokehost shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or failure to store user content, communication or personalization settings.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Smokehost’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, Smokehost may collect information such as your name, e-mail address, birth date, gender, mailings address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Smokehost and sign in to our Services, you are no longer anonymous to us.
The registering party hereby acknowledges, understands and agrees to:
a) Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Smokehost will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Smokehost Services, or any portion thereof.
All users and/or members herein agree to hold Smokehost, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors harmless against any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Smokehost Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms of Service. It shall be your responsibility to notify Smokehost immediately if you notice any unauthorized access or use of your account or password and/or any other breach of security. Smokehost shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the Terms of Service.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Smokehost Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by using our Services, you may be exposed to content including, but not limited to, errors or omissions in content posted, and/or loss or damage as a result of the use of content posted, emailed, transmitted or otherwise made available through Smokehost.
Furthermore, you herein agree not to make use of Smokehost’s Services for the purpose of:
a) uploading, posting, emailing transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) impersonating any individual or entity, including, but not limited to any Smokehost officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
c) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual of fiduciary relationship with;
d) uploading, posting, emailing, transmitting or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party, or content that you do not personally have any right to offer;
e) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ and any regulations have the force of law;
f) Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization: in accordance to Section 219 of the Immigration Nationality Act;
g) “stalking” or with the intent to otherwise harass another individual; and/or
h) Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set for the in the aforementioned paragraphs.
Smokehost herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition we reserve the right to remove and/or delete any such content that would violate the Terms of Service or which would otherwise be considered offensive to other visitors, users and/or members.
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 or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Smokehost 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 or preapprove a booking request from a Guest, or to have any other interaction with any other Member.
As a Host, Smokehost will share with you the first and last name of the Guest requesting an accommodation, and a link to the Guest’s Smokehost profile page, and other information necessary for the Host and Guest to make necessary arrangements to finalize the requested arrangement. The Host must preapprove, confirm or reject the booking request within the Booking Request Period; otherwise the request will automatically expire.
If you are unable to confirm or if you reject a booking request within the Booking Request Period, any amounts collected by Smokehost for the requested booking will be refunded to the Guest. When you confirm a booking requested by a Guest, Smokehost will notify you confirming such booking. Hosts, not Smokehost, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services.
Smokehost will collect the Total Fees from Guests at the time of the booking request or upon the Host’s confirmation and will initiate payment of the Accommodation Fees (less applicable fees and taxes) to the Host in most cases within 24 to 48 hours of the scheduled check-in time of the Guest at the Accommodation.
Hosts agrees that Smokehost may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy.
As a Guest, if you 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, not Smokehost, will be responsible for meeting the obligations of any such agreements, that Smokehost is not a party to such agreements, and that, Smokehost and its subsidiaries disclaims all liability arising from or related to any such agreements.
Guests will be notified of Total Fees prior to the Guest sending a booking request to a Host. A booking request is not a guarantee of availability. The Host is required to preapprove, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. Upon receipt of your booking request, Smokehost may initiate a pre-authorization and/or charge a nominal amount to your account. If a requested booking is cancelled (i.e. not confirmed by the Host), any amounts collected by Smokehost will be refunded to Guest, and any pre-authorization to Guest’s account will be released, if applicable.
By requesting a booking from a Host, you agree to pay the Total Fees associated with that booking request. Smokehost will collect the Total Fees pursuant to the payment terms. Once the confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
CANCELLATIONS AND REFUNDS
As a Guest, you may cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation; however, the cancellation policy of the Host contained in the applicable listing will apply to such cancellation. Smokehost’s ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host. Should a Host cancel your confirmed booking, Smokehost will initiate any refunds due pursuant to the Payment Terms, and the Guest will receive an email or other communication from Smokehost 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 Smokehost 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 Smokehost, please contact Smokehost.
As a Host, every effort must be made not to cancel confirmed bookings made via the Site, Services and/or Applications. However, if a Host deems it necessary to cancel a confirmed booking made via the Site, Services, and Application, you as the Host, agree that Smokehost may apply penalties or consequences to you or your Listing, including publishing an automated review on your Listing indicating that a booking was cancelled, keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, and/or imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
Smokehost, in certain circumstances 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 any reason Smokehost deems appropriate. Should Smokehost initiate the cancellation, Smokehost, in its sole discretion, may refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy. Smokehost and the relevant Guest or Host will not have any liability for such cancellations or refunds.
You as a Guest or Host are responsible for any modifications to a booking that you direct Smokehost to make, and you agree to pay any Accommodation Fees, Guest Fees, Hosts Fees, Services Fees, and/or Taxes associated with such Booking Modifications.
SERVICE AND MISCELANEOUS FEES
Smokehost will charge Service Fees for the use of Smokehost’s online marketplace and platform. Smokehost will collect these Service Fees pursuant to the Payment Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect to Host and Guest Fees. Smokehost will deduct the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in the Payment Terms. Guest Fees are included in the Total Fees.
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.Smokehost.com/help. Except as otherwise provided herein, Service Fees are non-refundable.
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 certain 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. Smokehost cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Host, Smokehost may issue a valid VAT invoice to such Host.
You understand and acknowledge that appropriate governmental agencies, departments or authorities 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”.
OCCUPANCY TAX COLLECTION AND REMITTANCE
In certain jurisdictions, Smokehost 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 these Terms (“Collection and Remittance”) if such tax jurisdiction asserts Smokehost 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 Smokehost 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 Smokehost facilitates Collection and Remittance of Occupancy Taxes in a jurisdiction for the first time, Smokehost will provide notice to existing Hosts with Listings for Accommodations in such jurisdictions. When a new Listing is created in a jurisdiction where Smokehost 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 Smokehost will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Smokehost 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 Smokehost in that such jurisdiction. You expressly agree to release, defend, indemnify, and hold Smokehost 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, Smokehost 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 Smokehost 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 Smokehost 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 Smokehost 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, Smokehost 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 Smokehost 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 Smokehost’s facilitation of Opt-in for Host Remittance or Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Smokehost 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 Smokehost 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, Smokehost 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 these Terms of Service is a representation or guarantee that Smokehost will facilitate collection and/or remittance of Occupancy Tax anywhere at all, including in any specific jurisdiction, or that Smokehost will continue to facilitate any collection or remittance of Occupancy Tax in any specific jurisdiction in which it may have been offered. Smokehost 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 Smokehost determines to cease any such facilitation.
Smokehost’s online platform facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Smokehost 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.
DAMAGE TO ACCOMMODATIONS AND SECURITY DEPOSITS
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.
Hosts may choose to include security deposits in their Listings. Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. Smokehost will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Smokehost is not responsible for administering or accepting any damage claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
If a Host makes a damage claim for a confirmed booking of an Accommodation, you as a Guest will be notified of any damage claim and given forty eight (48) hours to respond. Thereafter, Smokehost will collect any such costs from you and/or against the Security Deposit in accordance with the Payment Terms. Smokehost also reserves the right to otherwise collect payment from you and pursue any avenues available to Smokehost in this regard in situations in which you have been determined, in Smokehost’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts.
Both Guests and Hosts agree to cooperate with and assist Smokehost in good faith, and to provide Smokehost with such information and take such actions as may be reasonably requested by Smokehost, in connection with any damage claims or other 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 Smokehost Host Guarantee) or with respect to any investigation undertaken by Smokehost or a representative of Smokehost regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon Smokehost’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 Smokehost or a third party selected by Smokehost or its insurer, with respect to losses for which the Host is requesting payment from Smokehost under the Smokehost Host Guarantee.
If you are a Guest, you understand and agree that Smokehost 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 Smokehost under the Smokehost Host Guarantee). You agree to cooperate with and assist Smokehost in good faith, and to provide Smokehost with such information as may be reasonably requested by Smokehost, 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 Smokehost may reasonably request to assist Smokehost in accomplishing the foregoing
Security Deposits, if required by a Host, may be applied to any fees due from a Guest overstaying at a Listing without the Host’s consent.
OVERSTAYING WITHOUT THE HOST”S CONSENT
Guests agree that a confirmed booking is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed booking 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. Smokehost Payments will collect additional sums from Guests pursuant to the Payment Terms