PLEASE NOTE: SECTION 28 OF THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH KOMFORTSTAY PAYMENTS ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last Updated: April 14, 2016
These terms and conditions (“Payments Terms”) govern the Payment Services that Komfortstay Payments, Inc. or Komfortstay Payments UK Ltd. provide to you in connection with your use of the Komfortstay Site, Application and/or Services, and constitute a binding legal agreement between you and Komfortstay Payments. If you are using the Payment Services and you reside in the USA, you are contracting with Komfortstay Payments, Inc. If you reside outside of the USA, you are contracting with Komfortstay Payments UK Ltd. In certain jurisdictions such as India, you may also be contracting with a local payments entity; these jurisdictions and the local entity with whom are you are contracting are set forth in Section 26, “Local Contracting Entity”, of these Payments Terms. If you initially reside in the USA and contract with Komfortstay Payments, Inc., but subsequently change your residence to outside of the USA, you will contract with Komfortstay Payments UK Ltd., and where applicable any local payments entity, from the date on which your place of residence changes, and vice versa. Komfortstay Payments, Inc., Komfortstay Payments UK Ltd., and any other local payments entity are each hereinafter referred to as “Komfortstay Payments”, “ we ”, “us”, or“our”. The Komfortstay Terms of Service (“Komfortstay Terms”) separately govern your use of the Site, Application and Services. All capitalized terms shall have the meaning set forth in the Komfortstay Terms unless otherwise defined in these Payments Terms.
YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE PAYMENTS TERMS. IF YOU DO NOT AGREE TO THESE PAYMENTS TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PAYMENT SERVICES. Failure to use the Payment Services in accordance with these Payments Terms may subject you to civil and criminal penalties. If you accept or agree to these Payments 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 Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Komfortstay Payments reserves the right, at its sole discretion, to modify or terminate the Payment Services or to modify these Payments Terms at any time and without prior notice. If we modify these Payments Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Payments Terms. By continuing to use the Payment Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Payments Terms. If the modified Payments Terms are not acceptable to you, your only recourse is to cease using the Payment Services.
The Payment Services are intended solely for persons who are 18 or older. Any use of the Payment Services by anyone under 18 is expressly prohibited. By using the Payment Services you represent and warrant that you are 18 or older.
In order to use the Payment Services, you must first register to create an Komfortstay Account and become a Member in accordance with the “Account Registration” section of the Komfortstay Terms . You acknowledge, consent and agree that anyone you authorize to use your Komfortstay Account may use the Payments Services on your behalf and that you will be responsible for any payments made by such person.
You authorize Komfortstay Payments, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or attempting to screen your information against third party databases. You further authorize Komfortstay Payments (or its affiliate) to request a consumer report on you from a Consumer Reporting Agency. This consumer report will be requested and utilized in compliance with applicable law, included the Fair Credit Reporting Act. Komfortstay Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
“Payment Method” means a payment method that you have added to your Komfortstay Account, such as a credit card, debit card or PayPal.
“Payout Method” means a payout method that you have added to your Komfortstay Account, such as PayPal, direct deposit, a prepaid card or a debit card (where available).
If, as a Host, you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Komfortstay Payments for the requested booking will be refunded to the applicable Guest’s Payment Method and any pre-authorization of such Payment Method will be released.
Komfortstay Payments will collect the Total Fees from each Guest either at the time of the booking request or upon the Host’s confirmation of the booking (depending upon the Guest’s Payment Method) and will initiate payment of the Accommodation Fees (less Komfortstay’s Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) to the Host in most cases within 24 hours of the scheduled check-in time for the Guest at the applicable Accommodation (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the Payout Method chosen by the Host. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via Komfortstay Payments to Komfortstay (whether as a result of your bookings or actions as a Guest or otherwise), then Komfortstay Payments may (but is not obliged to) withhold the amount owing to Komfortstay from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to Komfortstay. If Komfortstay Payments does so, then your obligation to pay Komfortstay will be extinguished to the extent of the amount withheld by Komfortstay Payments, and Komfortstay will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Komfortstay and/or Komfortstay Payments by you. Such communication may be made by Komfortstay, Komfortstay Payments or by anyone on their behalf, including but not limited to a third party collection agent.
Each Host hereby appoints Komfortstay Payments as the Host’s limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Guests.
Each Host agrees that payment made by a Guest through Komfortstay Payments, shall be considered the same as a payment made directly to the Host, and the Host will make the Accommodation available to the Guest in the agreed-upon manner as if the Host has received the Accommodation Fees. Each Host agrees that Komfortstay Payments may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host understands that Komfortstay Payments accepts payments from Guests as the Host’s limited payment collection agent and that Komfortstay Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Komfortstay Payments does not guarantee payments to Hosts for amounts that have not been successfully received by Komfortstay Payments from Guests. In accepting appointment as the limited collection agent of the Host, Komfortstay Payments assumes no liability for any acts or omissions of the Host.
You acknowledge and agree that, notwithstanding the fact that Komfortstay Payments is not a party to the agreement between you and the Host, Komfortstay 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 Komfortstay Payments, your payment obligation to the Host for the Accommodation Fees is extinguished, and Komfortstay 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 Payments Terms. In the event that Komfortstay Payments does not remit any such amounts as described in these Terms, such Host will have recourse only against such Komfortstay Payments entity.
You as a Guest agree that Komfortstay Payments may charge your Payment Method the Total Fees for any booking requested in connection with your Komfortstay Account. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Komfortstay Payments, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge your Payment Method 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 Payment Method. As a general rule, Komfortstay Payments will collect the Total Fees due once Komfortstay receives confirmation of your booking from the applicable Host. However, if you pay with a push Payment Method (such as Alipay or Sofort), Komfortstay Payments will collect Total Fees at the time of your booking request. In instances in which Komfortstay Payments is unable to collect Total Fees in the ordinary course, Komfortstay Payments may elect to collect Total Fees at a later point in time. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Komfortstay 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 Payment Method will be released, if applicable.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to Komfortstay Payments or its third-party payment processor(s). You agree to pay Komfortstay Payments for any confirmed bookings made in connection with your Komfortstay Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the booking, either directly by Komfortstay 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 Komfortstay Payments to charge any Payment Method in your Komfortstay Account in the event of damage caused at an Accommodation as contemplated under Section 8, “Damage to Accommodations and Security Deposits”, below.
If Komfortstay Payments is unable to collect any amounts you owe for a confirmed booking or a Damage Claim, Komfortstay Payments may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Komfortstay and/or Komfortstay Payments by you. Such communication may be made by Komfortstay, Komfortstay Payments or by anyone on their behalf, including but not limited to a third party collection agent.
Please note that Komfortstay Payments cannot control any fees that may be charged to a Guest by his or her bank related to Komfortstay Payments’ collection of the Total Fees, and Komfortstay Payments disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party service provider; please review such terms and conditions before using your Payment Method.
Komfortstay Payments collects the Service Fees charged by Komfortstay pursuant to the Komfortstay Terms. Where applicable, Komfortstay Payments may also charge Taxes (such as VAT in Europe) in respect of the Host Fees and Guest Fees. Komfortstay Payments deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in these Payments Terms. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Komfortstay Payments to Hosts via the Payout Method selected by the Host 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” portion of this Section 6.
Please note that Komfortstay Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by Komfortstay in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application, and Section 10, “Foreign Currency Conversions”, below. More information on Services Fees can be found at www.Komfortstay.com/help . Except as otherwise provided herein, Service Fees are non-refundable.
Cancellations and Refunds
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Komfortstay Payments will cancel any pre-authorization to your Payment Method and/or refund any nominal amounts charged to your Payment Method 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, Komfortstay Payments will refund the Accommodation Fees and any other amounts charged to you only as permitted under the Komfortstay Terms .
If a Host cancels a confirmed booking made via the Site, Services, and Application, Komfortstay Payments will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation. If the Guest requests to book an alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then Komfortstay Payments will collect the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Payments Terms.
If, as a Host, you cancel a confirmed booking, you agree that Komfortstay Payments may collect any cancellation fees imposed pursuant to the Komfortstay Terms . Cancellation fees may be withheld from your future payouts or charged to the Payment Method on file in your Komfortstay Account.
If Komfortstay decides for any reason that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services pursuant to the Komfortstay Terms, you agree that Komfortstay Payments 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 Komfortstay decides that it is necessary to cancel a confirmed booking, and Komfortstay 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, Komfortstay Payments 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.
For certain bookings, 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 (including the amount and the frequency of the payment) will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Guest authorizes Komfortstay Payments, on behalf of the Host, to collect the Total Fees and the Host agrees that Komfortstay Payments 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. You may stop payment of a Recurring Payment by notifying Komfortstay Payments orally or in writing at least three (3) business days before the scheduled date of the payment. Komfortstay Payments may require that you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, Komfortstay Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact us at 1–443-945-5367.
Komfortstay Payments 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, Komfortstay Payments 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, Komfortstay Payments 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 Komfortstay Payments 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 Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
If, as a Guest, you owe additional amounts to Komfortstay due to a Booking Modification, you agree that Komfortstay Payments may collect such amounts by charging the Payment Method used to make your booking. If, as a Host, you owe Komfortstay any amounts due to a Booking Modification, you agree that Komfortstay Payments may collect those amounts pursuant to the “Financial Terms for Hosts regarding Bookings” portion of this Section 6 and as otherwise permitted under these Payments Terms.
In any jurisdiction in which Komfortstay facilitates direct Collection and Remittance pursuant to the Komfortstay Terms , you hereby instruct and authorize Komfortstay Payments 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. The amount of Occupancy Taxes, if any, collected and remitted by Komfortstay Payments will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold Komfortstay Payments 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. Hosts and Guests further expressly grant Komfortstay Payments 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.
In any jurisdiction in which Komfortstay facilitates Collection by Opt-in for Host Remittance pursuant to the Komfortstay Terms , you hereby instruct and authorize Komfortstay Payments 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. You hereby agree that through third party payment processors, Komfortstay Payments 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 Komfortstay Payments 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. Hosts and Guests further expressly grant Komfortstay Payments 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.
Whether you are a Guest or Host, you agree that any claim or cause of action relating to Komfortstay Payments’ facilitation of Opt-in for Host Remittance or Collection and Remittance shall not extend to any supplier or vendor that may be used by Komfortstay 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 Komfortstay 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, Komfortstay Payments 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 Payments Terms is a representation or guarantee that Komfortstay Payments will facilitate collection and/or remittance of Occupancy Tax anywhere at all, including in any specific jurisdiction, or that Komfortstay Payments will continue to facilitate any collection or remittance of Occupancy Tax in any specific jurisdiction in which it may have been offered. Komfortstay Payments 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 Komfortstay Payments determines to cease any such facilitation.
As a Guest, after being notified of a Damage Claim and given forty eight (48) hours to respond, pursuant to the Komfortstay Terms , Komfortstay Payments may charge the Payment Method used to make your booking to collect a Security Deposit associated with the Listing, if applicable. If the amount of the Damage Claim exceeds the Security Deposit or if the Listing does not have a Security Deposit, Komfortstay Payments may charge the Payment Method used to make your booking for the remaining amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the booking, you agree that Komfortstay Payments may charge any other Payment Method on file in your Komfortstay Account.
Komfortstay Payments also reserves the right to otherwise collect payment from you and pursue any avenues available to Komfortstay Payments in this regard in situations in which you have been determined, in Komfortstay’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the Komfortstay Host Guarantee, and in relation to any payments made by Komfortstay or Komfortstay Payments to Hosts. If we are unable to charge the Payment Method 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 Komfortstay Payments (if applicable).
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.
If you as a Guest stay past the agreed upon checkout time without the Host’s consent, you agree that Komfortstay Payments, in its role as limited collection agent for the Host, may charge any Payment Method(s) you have on file to collect, 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”). In addition, Komfortstay Payments may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Guest’s Payment Method on file.
“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 Komfortstay platform will select the Booking Currency, based on the Guest’s country of origin as determined by (i) Komfortstay’s platform logic; (ii) the Payment Method associated with the Booking; or (iii) both. Komfortstay 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 default currency associated with the country in which the Listing is located. For example, the Listing Currency for a home located in New York would be U.S. dollars, and the Listing Currency for a home located in Japan would be Japanese Yen.
“Base Exchange Rate” means a system-wide rate used by Komfortstay 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 Komfortstay. Komfortstay establishes the Base Exchange Rate using data from one or more third parties such as OANDA ( 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 Komfortstay for its holding costs and foreign currency risks.
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 U.S. dollars to Euros would be 1.25, and the currency conversion rate from Euros to U.S. dollars would be 0.8. Currency conversion rates will vary from time to time.
Komfortstay Payments will process a foreign currency conversion in the following situations:
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, the exchange rate will be displayed inclusive of the mark-up. The exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.
You authorize Komfortstay Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account number or expiration date changes (e.g. for credit cards or debit cards), we may acquire that information from our financial services partner and update your Payment Method on file in your Komfortstay Account.
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 Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not:
Komfortstay Payments has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Payments Terms, Komfortstay Payments may take a range of actions against you, including but not limited to limiting access to your Komfortstay Account and any associated Payment Services, for a violation of this Section 12 or these Payments Terms.
Intellectual Property Ownership and Rights Notice
The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Komfortstay, Komfortstay Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Komfortstay or Komfortstay Payments used on or in connection with the Payment Services are trademarks or registered trademarks of Komfortstay or Komfortstay Payments in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners. As a Host, Guest, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Payment Services, including Komfortstay’s Trademark & Branding Guidelines (as may be updated from time to time).
Additional Products and Terms
Certain Payment Services or new or different products and services offered by Komfortstay Payments from time to time may have different terms and conditions posted or require you to agree with and accept additional terms and conditions. If additional terms are required for any Payment Service or other product or service, Komfortstay Payments will provide you those additional terms and conditions at the time the Payment Service or other product or service is offered or made available to you. If there is a conflict between these Payments Terms and terms and conditions posted for a specific Payment Service or other product or service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service or other product or service.
Specific Terms Regarding Komfortstay Travel Credits
Komfortstay Travel Credits may only be redeemed for confirmed bookings via the Site, Application and Services. Once you accrue Komfortstay Travel Credits, they will be automatically applied to your next confirmed booking made via the Site, Application and Services. Komfortstay Travel Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem Komfortstay Travel Credits after the Komfortstay Travel Credits are reflected in your Komfortstay Account. The scope, variety, and type of services and products that you may obtain by redeeming Komfortstay Travel Credits can change at any time.
If for some reason you believe that there is a discrepancy regarding your balance of Komfortstay Travel Credits, please contact us. Komfortstay Payments may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Komfortstay’s and/or Komfortstay Payments’ sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Komfortstay Travel Credits. Where applicable, Komfortstay may be required to account for VAT on any services for which the Komfortstay Travel Credits are redeemed.
Without limiting any other terms of these Payments Terms and subject to applicable law, all Komfortstay Travel Credits are forfeited if your Komfortstay Account is terminated or suspended for any reason, in Komfortstay’s and/or Komfortstay Payments’ sole discretion, or if Komfortstay discontinues providing the Site, Application, Services or the Referral Program.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Payment Services (“Feedback ”). You may submit Feedback by emailing us, through the “ Contact ” section of the Komfortstay Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Komfortstay and/or Komfortstay Payments and you hereby irrevocably assign to Komfortstay and Komfortstay Payments and agree to irrevocably assign to Komfortstay and Komfortstay Payments all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Komfortstay or Komfortstay Payments’ request and expense, you will execute documents and take such further acts as Komfortstay or Komfortstay Payments may reasonably request to assist Komfortstay or Komfortstay Payments to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit access to your Komfortstay Account and any associated Payment Services.
IF YOU CHOOSE TO USE THE PAYMENT SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT KOMFORTSTAY PAYMENTS PROVIDES THE PAYMENT SERVICES “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KOMFORTSTAY PAYMENTS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KOMFORTSTAY MAKES NO WARRANTY THAT THE PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KOMFORTSTAY PAYMENTS MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KOMFORTSTAY PAYMENTS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NOTWITHSTANDING KOMFORTSTAY PAYMENTS’ APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, KOMFORTSTAY PAYMENTS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE PAYMENT SERVICES REMAINS WITH YOU. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR KOMFORTSTAY ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER KOMFORTSTAY PAYMENTS NOR ANY OTHER PARTY INVOLVED IN PROVIDING PAYMENT SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PAYMENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KOMFORTSTAY PAYMENTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE KOMFORTSTAY HOST GUARANTEE, IN NO EVENT WILL KOMFORTSTAY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PAYMENT SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE PAYMENT SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE KOMFORTSTAY PLATFORM AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY KOMFORTSTAY PAYMENTS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KOMFORTSTAY PAYMENTS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Komfortstay Payments and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Payment Services, or your violation of these Payments Terms; or (b) your accrual or use of any Komfortstay Travel Credits.
Export Control and Restricted Countries
You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Payment Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Except as they may be supplemented by additional Komfortstay policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Payments Terms constitute the entire and exclusive understanding and agreement between Komfortstay Payments and you regarding the Payment Services, and these Payments Terms supersede and replace any and all prior oral or written understandings or agreements between Komfortstay Payments and you regarding the Payment Services.
You may not assign or transfer these Payments Terms, by operation of law or otherwise, without Komfortstay Payments’ prior written consent. Any attempt by you to assign or transfer these Payments Terms, without such consent, will be null and of no effect. Komfortstay Payments may assign or transfer these Payments Terms, at its sole discretion, without restriction. Subject to the foregoing, these Payments Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Payments Terms, will be in writing and given by Komfortstay Payments (i) via email (in each case to the address that you provide) or (ii) by posting to the Komfortstay Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Local Contracting Entity
If you reside in certain jurisdictions, you will also be
contracting with a local payments entity in addition to Komfortstay Payments, Inc.
or Komfortstay Payments UK Limited. These jurisdictions and the local entity with
whom are you are contracting are set forth below.
|Jurisdiction||Local Contracting Entity|
|Pakistan||Komfortstay Payments Pakistan Private Limited|
Controlling Law and Jurisdiction
These Payments Terms and your use of the Payment Services will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, Newark, Delaware or a United States District Court, Northern District of California located in Newark, Delaware for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in Section 28, “Dispute Resolution”, below .
You and Komfortstay Payments agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes ”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Komfortstay Payments are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Komfortstay Payments otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Payments Terms.
Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“ AAA ”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules ”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration .) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Komfortstay Payments otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Komfortstay Payments submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of Section 20, “Limitation of Liability”, above, as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Komfortstay will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Komfortstay Payments will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of Section 2, “Modification”, above, if Komfortstay Payments changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Komfortstay Payments’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Komfortstay Payments in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).
The failure of Komfortstay Payments to enforce any right or provision of these Payments Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Komfortstay Payments. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Payments Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Payments Terms will remain in full force and effect.
Third Party Beneficiary
These Payments Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Payments Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Payments Terms.
Additional Clauses for Users Contracting with Komfortstay Payments UK Ltd.
The following paragraphs will apply if you are contracting with Komfortstay Payments UK Ltd.
Section 27, “Controlling Law and Jurisdiction ”, shall be removed and replaced with the following: “ Controlling Law and Jurisdiction These Terms will be interpreted in accordance with UK law. You and we agree to submit to the non-exclusive jurisdiction of the UK courts for resolving any dispute between the parties. If Komfortstay Payments wishes to enforce any of its rights against you, we may elect to do so in the Irish courts or in the courts of the jurisdiction in which you are resident.”
Section 28, “Dispute Resolution”, shall be removed and is not applicable.
Section 6.D, “Financial Terms for Guests regarding Bookings ”, shall be amended by the following: “ Financial Terms for Guests regarding Bookings In addition to complying with the main Financial Terms for Guests regarding Bookings section, you also acknowledge that if your Komfortstay Account is located in Brazil and you are paying by credit card, you may pay for your booking in multiple installments as long as your credit card supports installments and is issued in Brazil. The number of installments may vary, but will be presented to you before you complete your booking transaction. You also acknowledge that the Total Fees may be increased in case you choose to pay for your booking using credit card installments.”
If you have any questions about these Payments Terms, please contact Komfortstay Payments.