Terms of Use


Introduction

This agreement is entered into between you (the “host” or “home owner”) and BnBird, under which we will provide certain services to you with respect to the listing and rental of your property, principally through third party booking agents and hosting platforms.
By accepting the terms hereof, you acknowledge that you have read, understand and agree to comply with and be bound by BnBird’s Terms of Use, into which this agreement is incorporated.
BnBird reserves the right, at its sole discretion, to modify, discontinue or terminate any host services, at any time and without prior notice. If we modify the host services or this agreement, we will provide you with notice of the modification. By continuing to use host services after we have posted a modification on the site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms of this agreement. If the modified terms of this agreement are not acceptable to you, your only recourse is to cease using our services.

 

BnBird Host Services

The following services (“Host Services”) will be provided in Online and Premium Management packages:

  1. Property Listing – BnBird will create and optimize the listing of a property on multiple booking platforms. BnBird’s listing services include a recommendation regarding the optimal price for a property. Host acknowledges and agrees that he’s responsible for the accuracy of all listing information.
  2. Guest Selection – We will only screen and select potential guests when instant booking is deactivated. For profit and exposure maximization we do recommend that instant booking is activated, but that’s a host decision.
  3. Dashboard Reporting – BnBird will provide a dashboard on its website to hosts review certain information relating to their property, such as a calendar of selected and available dates, guest information and listing revenues.
  4. Guest Communication – BnBird will receive and attempt to communicate with potential guests to provide information about a property and resolve questions and complaints. BnBird will also attempt to communicate with guests prior to, during and after their stay to assist with a smooth stay. As reasonably necessary, BnBird will assist hosts and guests with unexpected events such as lockouts.

The following services (“Host Services”) will be provided in Premium Management packages only:

  1. Guest Welcome – At the check-in all guest will receive a welcome package with traditional portuguese products as well as essential bathroom amenities.
  2. Key Hand Over – We will always hand over the keys personally, unless there’s a keyless entry system installed in the property. If that’s the case, we will try to contact the guests right after they entry the property to check if it’s meeting their expectations and provide further information.
  3. Routine Maintenance – We will perform routine maintenance on the property as it sees fit. BnBird will automatically resolve all maintenance issues that are quoted below the host’s maintenance preapproval limit. By default, the maintenance preapproval limit is set at 100€, but hosts have the ability to set this as high as 500€. Maintenance costs will always be deducted in host’s next revenue payment.
  4. Routine Cleaning – BnBird will provide cleaning and laundry services before every guest check-in.
  5. Resolution Handling – From time to time BnBird may add itself on the property’s listing platform account as a trusted contact to resolve issues, on behalf of the owner, where BnBird is at fault. It is at BnBird’s full discretion to decide participation in the event of a resolution on the property’s listing platform.
  6. Guaranty Offering – BnBird may offer the host a Reservation Guaranty. For the purposes of this agreement, a “Reservation Guaranty” is a guaranty by BnBird that a property will generate a certain amount of revenue during a certain period of time. If the host selects the Reservation Guaranty, the host hereby agrees to accept any listing price or listing terms required by BnBird. The Reservation Guaranty program may have different terms and conditions for which you may be required to agree in order to accept the Reservation Guaranty.

Host acknowledges and agrees that BnBird may provide the services through one or more third party partners in its sole discretion. BnBird agrees to provide the service in timely and professional manner in accordance with this agreement, but BnBird makes no warranties of any kind, express or implied, with respect to the services to be provided hereunder. This agreement is subject to the limitations of liability set forth in the Terms.

You acknowledge and agree that you are responsible for any and all property listings. BnBird assumes no responsibility for a host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.

Some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and federal laws and regulations applicable to you and consult with an attorney prior to listing an accommodation on a third party platform or using BnBird services.

 

Owner’s Responsibilities:

In connection with BnBird services, you agree that you will do the following:

  1. Compliance with Law – You are solely responsible for compliance with all applicable laws and regulations.
  2. Compliance with Agreements – You agree that you will not breach any agreements you have entered into with any third parties, such as third party platforms, homeowners’ association, condominium, lease or rental agreements.
  3. Information in Listings – The information you provide to us will be true and accurate in all respects. You agree that you will be responsible for updating factual information and providing any required legal disclosure, whether or not any information or pricing was recommended or required by BnBird. While you have the ultimate control of your listing, you understand that BnBird may request that a host revise a listing in accordance with this agreement. Under no circumstances will BnBird have any responsibility for any misstatement, error or omission in any listing, whether or not BnBird suggested or required such information.
  4. Insurance – Host agrees to carry at his/her own expense property and liability insurance, naming BnBird, in form and substance reasonably satisfactory to BnBird. Host agrees to furnish BnBird with certificates evidencing the existence of such insurance upon request. Host may be required to obtain and maintain additional insurance in compliance with applicable laws and regulations or under other agreements.
  5. Taxes – Hosts will be solely responsible for preparing and paying income tax return. BnBird is not responsible for advising Host with respect to taxes owed with regards to the property or any transactions contemplated by or facilitated by this agreement.
  6. Routine Maintenance – You are responsible for routine maintenance to the accommodation. BnBird will have no obligation to notify host of, or provide any routine maintenance. Host may request that BnBird complete any routine maintenance subject to a separate agreement between the parties regarding the maintenance to be performed and the compensation to be paid in connection therewith. If BnBird notifies host of maintenance that needs to be performed, Host agrees that it will timely complete such routine maintenance at its sole cost.
  7. Emergency Maintenance – If BnBird believes that emergency maintenance is required to protect or preserve the property from damage or to maintain services to a guest, BnBird may, as soon as practicable, arrange for such maintenance to be performed. Any costs incurred by BnBird in connection with providing emergency maintenance will be reimbursed by the host. We will attempt to communicate with host regarding the need for emergency maintenance and steps being taken, but in no case will host be relieved of liabilities incurred pursuant to the performance of emergency maintenance.
  8. Platform Access – For the duration of BnBird management, homeowner is not permitted access to their booking platforms’ accounts to perform any management functions. These management functions include but not limited to: reviewing guest messaging, messaging guests directly, modifying settings, modifying listing details, extending offers, or extending refunds.
  9. Guest Relocation – BnBird is not responsible for relocating guests. If BnBird is at fault for the need to relocate guests due to a problem that is making the property uninhabitable BnBird will attempt to rectify the problem to avoid relocation. In the event that relocation is necessary, as determined by BnBird, we will communicate with the guest via email to give them an option between an immediate refund on behalf of the owner or additional booking options.

 

Pricing and Fees:

  1. Minimum Reservation Fee – From time to time, and in its sole discretion, BnBird may charge the host a minimum reservation fee of 25€ per reservation.
  2. Additional Pet Fee – If the host permits any guest to bring pet(s) to the accommodation, host agrees to pay BnBird a non-refundable pet fee of up to 35€ for the extra work involved in the cleaning and other related services related to the pet(s).
  3. Payment of Fees – Host hereby agrees to provide and maintain a current credit card or bank account information with BnBird. Host hereby authorizes BnBird to charge host’s credit card or bank account for any amounts owed by host to BnBird under this agreement.
  4. Minimum Deposit – BnBird may, in its sole discretion, maintain a minimum deposit of at least 100€ from guests to cover any fees. The deposit is 100% refundable after check-out.
  5. Termination of Host Services Fee – Host agrees to pay any fees for host services provided by BnBird, plus a cancellation fee of 150€, if host terminates this agreement for any reason prior to renting the property. If host terminates this agreement for any reason prior to completing fifteen (15) reservation at an accommodation, the termination fee will be increase by 150€.
  6. Host Booking Cancellation Fees – Host agrees to pay a cancellation fee to BnBird of 25€ if the host cancels a guest reservation within the time-frame during which a third party platform allows a guest to cancel the reservation for a full refund. If the host cancels a guest reservation outside of the time-frame during which a third party platform allows a guest to cancel the reservation for a full refund, host agrees to pay a cancellation fee to BnBird of fifty percent (50%) of the full listing price up to a maximum of 250€.
  7. Guest Booking Cancellation – BnBird has the following guest cancellation policy: For any booking cancelled more than 7 days prior to check-in time, BnBird will fully refund the initial deposit. If the guest cancels less than 7 full days prior to prescribed check-in date, 50% of the total booking is charged. Total booking will be charged if the guest cancels on the check-in date or do not show.
    Cancellations due to extenuating circumstances, the host may approve a refund of the full listing price. The guest is responsible for all fees associated with their cancellation to the host, BnBird and the booking platform.
  8. Disclosure of Other Fees – BnBird may from time to time, in its sole discretion, provide or arrange services for guests, including but not limited to equipment rental, trip insurance, damage insurance, mobile wi-fi service, special event bookings and other special services requested by guests. Host acknowledges and agrees that BnBird may receive additional fees from guests or third party vendors for arranging such services, and that any such fees shall belong exclusively to BnBird.
    We may also charge and retain reasonable administrative fees to guests.

 

Host’s Representations and Warranties

In addition to the other representations and warranties set forth in this agreement and in the Terms, Host represents and warrants that:

  1. Host is a legal owner or authorized tenant of the accommodation and has full authority to enter into this agreement and to use BnBird for the services under the terms of this agreement.
  2. If host is an authorized tenant, there are no written or oral restrictions on further leasing or subletting the property that would interfere with the listing on a third party platform or otherwise temporarily leasing the property to guests, or any other actions contemplated by this agreement.
  3. To the best of the host’s knowledge the property, its construction and operation do not violate any applicable statues, laws, ordinances, rules, regulations, orders, or the like including, but not limited to, those relating to hazardous or toxic substances.
  4. To the best of the host’s knowledge the building does not contain any toxic substances such as, but not limited to: lead based paint, asbestos, urea, formaldehyde, radon, or other hazardous substances and that no unsafe condition exists except as disclosed in writing at the time of this agreement.
  5. Host has disclosed the existence of any default of foreclosure notices affecting the property as of the date of this agreement and further agrees to disclose any such notices received hereafter, within five days of the receipt of any such notices.
  6. Host hereby acknowledges that BnBird is not a real estate broker, agent or insurer. BnBird has no control over the conduct of guests and disclaims all liability in this regard.

 

Indemnification

Host agrees to defend, indemnify and hold harmless BnBird, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

  1. The host services performed by BnBird under this agreement other than those arising because of gross negligence or intentional misconduct by BnBird or any of its officers, agents, directors or employees;
  2. Any damage to or destruction of any property by guests, any third party, or any terrorism, acts of nature, or acts of God;
  3. Any injury to or death of any person from any cause whatsoever;
  4. Any error of judgment or any mistake of law or fact by BnBird personal;
  5. To the extent not covered by insurance, any alleged violation of any law (statutory, common or otherwise) pertaining to the actions contemplated by this agreement, including but not limited to environmental protection, rent control, taxes, short-term rental, fair housing, or any other such laws.

 

Term and Termination

  1. Term – This agreement is effective from the first date you use BnBird services and will continue for the duration of the contract, unless terminated by either party in accordance with this agreement.
  2. Termination by Notice – Either party to this agreement may elect to cancel or terminate this agreement with or without cause by giving seven (7) days’ prior written notice to the other party. If no termination date is specified in the notice, this agreement shall terminate as of the date which is seven (7) days after the notice is delivered.
  3. Upon Termination – Upon termination of this agreement by BnBird, we will cease providing any services to the host on the date of termination. Upon termination of this agreement by host, BnBird may continue providing services to the host for any stays that were booked on or prior to the date of termination.

 

Miscellaneous

  1. Successors and Assigns – This agreement shall benefit BnBird, its successors and any permitted assigns. This agreement shall not be assignable by host without the express BnBird, but may be freely transferred, assigned, or delegated by BnBird.
  2. Entire Agreement – This agreement, and the terms into which this agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings.
  3. Waiver – If host breaches any term of this agreement and BnBird decides to take no action or neglects to do so, then BnBird will still be entitled to take action and enforce our rights and remedies for any other breach.
  4. Severability – If any of the provisions, or portions thereof, of this agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
  5. Relationship of Parties – The parties are independent contractors under this agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
  6. Governing Law – This agreement shall be governed by and construed in accordance with the Portuguese laws, without giving effect to any principles that provide for the application of the law of another jurisdiction.
  7. Dispute Resolution – BnBird and host agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this agreement, such dispute shall be resolved as set forth in the terms.

 

Last Modified On: March 20, 2016
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