Terms and Conditions ("Terms")

 

Last updated: 19th May, 2016


Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.footballbnb.com website or mobile applications (the "Service", “Platform”, “Website” or “Application”).

Your access to and use of the Website, Application, Platform or Service in any manner is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service, Platform, Website or Application. Please read the Terms carefully. By accessing or using the Service, Platform, Website or Application you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service, Platform, Website or Application. We ask you to return to this page periodically to review the most current version of the Terms.

General Usage of the Website, Application, Platform and Services

AllTogether GmbH (hereinafter referred to as "AllTogether", "footballbnb", "us", "we", or "our") provides an online platform and community marketplace that offers users the ability to connect offline or online, connecting Hosts (as defined below) who have accommodation to rent with Guests (as defined below) seeking to rent such accommodation, ClubFans (as defined below) who provide local football information and services, as well as a travel review service (collectively, the "Services"), which platform Services are accessible at www.footballbnb.com and any other websites through which footballbnb makes the Services available (collectively, the "Website") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").

footballbnb is not an owner or operator of any Accomodations, including, without limitation, hotel rooms, motel rooms, other lodgings, nor is it a provider of real properties. footballbnb does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Accomodations, including, without limitation, hotel rooms, motel rooms, other lodgings or transportation or travel services. footballbnb solely: (i) facilitates the availability of the Website, Application, Platform or Service and (ii) collects fees for each Host for the purpose of accepting payments from Guests on behalf of the Host.

By accessing or using the Website or Application, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Website, Application, Platform and Services and all Materials (as defined below) and your participation in the Referral Program (as defined below), and constitute a binding legal agreement between you and footballbnb. Please also read carefully our Privacy Policy ( https://footballbnb.com/pages/view/privacy ). Failure to use the Website, Application and Services in accordance with these Terms may subject you to civil and criminal penalties. If you disagree to these Terms, you have no right to obtain information from or otherwise continue using the Website, Application, Platform or Services.

WHEN USING THE WEBSITE, APPLICATION, PLATFORM AND SERVICE FOR LISTING AND BOOKING RENTAL PROPERTIES, THEY ARE SOLELY TO BE USED TO ENABLE HOSTS AND GUESTS CONNECTING AND BOOKING RENTAL PROPERTIES DIRECTLY WITH EACH OTHER. WE CANNOT AND DO NOT SCREEN, CONTROL OR VERIFY THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY RENTAL PROPERTIES. WE ARE NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RENTAL PROPERTIES. ACCORDINGLY, ANY BOOKINGS OR TRANSACTIONS WILL BE MADE AT THE MEMBER’S OWN RISK.

AS A PROVIDER OF AN ONLINE PLATFORM OR MARKETPLACE WITH RELATED TECHNOLOGY, WE DO NOT CONTROL THE CONTENT, TRUTH, ACCURACY, LEGALITY OR SUITABILITY OF ANY LISTINGS, REVIEWS, THE ABILITY OF HOSTS TO OFFER THE RENTAL PROPERTIES LISTED, THE ABILITY OF GUESTS TO PAY FOR THE TRANSACTION, DAMAGE TO REAL PROPERTY, DAMAGE OR LOSS OF PERSONAL PROPERTY OR PERSONAL INJURY AS A RESULT OF A STAY. WE CANNOT ENSURE THAT A HOST AND GUEST WILL COMPLETE A TRANSACTION AND DO NOT MAKE REPRESENTATIONS AS TO THE QUALITY, LOCATION, AVAILABILITY, SUITABAILITY, OR PRICING OF ANY SPECIFIC PROPERTY ON THE WEBSITE, APPLICATION, PLATFORM OR SERVICE.

IN PARTICIPATING IN A TRANSACTION THROUGH THE WEBSITE, APPLICATION, PLATFORM OR SERVICE, USERS AGREE TO COMPLY WITH ALL APPLICABLE LAWS. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING RENTAL PROPERTIES ON FOOTBALLBNB. USERS SHOULD ALWAYS BE CAUTIOUS WHEN PROVIDING PERSONAL INFORMATION TO STRANGERS OR POSTING THEM IN A PUBLIC PLACE.
WE ARE NOT A PARTY TO THE GUEST/HOST TRANSACTION, THIS IS TRUE EVEN IF WE PROVIDE TOOLS, SUCH AS DIRECT CONTACT, TO ENABLE A USER TO ENTER INTO A TRANSACTION BETWEEN THE GUEST AND THE HOST.

Key Terms and Definitions

"Accommodation" or "Accommodations" means residential and other properties.

"footballbnb Content" means all Content that footballbnb makes available through the Website, Application, Platform or Services, or related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

"Booking Request Period" means the time period starting from the time when a booking is requested by a Guest (as determined by footballbnb in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Website, Application, Platform or Services. Different Booking Request Periods may apply in different places.

"Collective Content" means Member Content and footballbnb Content.

"ClubFan" or “ClubFans” mean a Member who provides local football-related information and services. A ClubFan can additionally be a Guest or a Host (as defined in the Terms.)

"Content" means text, images, graphics, software, music, (excluding the Application), video, audio, information or other materials.

"Guest" or “Guests” mean a Member who requests from a Host a booking of a Listing via the Website, Application, Platform or Services, or a Member who stays at an Accommodation and is not the Host for the associated Listing.

"Host" or “Hosts” mean a Member who creates a Listing via the Website, Application, Platform and Services.

"Listing" means an Accommodation that is listed by a Host as available for rental via the Website, Application, Platform and Services.

"Member" means a person who completes footballbnb's account registration process, including but not limited to Hosts, Guests and ClubFans, as described under "Accounts" in the Terms.

"Member Content" means all Content that a Member posts, publishes, uploads, transmits, submits, or includes in their Listing, Member profile or footballbnb promotional campaign to be made available through the Website, Application, Platform or Services.

Rental Property” or “Rental Properties” mean residential real property and other properties.

"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that Accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

User” means a natural and legal person accessing or using the Website or Application, Platform or Services, either unregistered or registered as Guest, Host, ClubFan, Member or other.

Changes and Modifications

We reserve the right, at our sole discretion, to modify the Service, Platform, Website or Application or replace these Terms, including the Service Fees, at any time. We will post the change on the Website Terms or via the Application. We will also update the “Last Updated” date at the top of these Terms.
By continuing to access or use our Service, Platform, Website or Application after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service, Platform, Website or Application.

Eligibility and Age Restrictions

The Website, Application, Service and Platform, are intended solely for persons who are 18 or older. Any access to or use of the Site, App or Services by anyone under 18 is expressly prohibited. By accessing or using the Website, Application, Service and Platform you represent and warrant that you are 18 or older.

Registration for an Account

To access certain features of the Website and Application, and if you choose to book Accommodation or create a Listing, you must first register in order to create an account ("footballbnb Account") and become a Member. You may register to join the Services directly via the Website or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Website or Application. As part of the functionality of the Website, Application, Service and Platform, you may link your footballbnb Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to footballbnb through the Website, Application, Service or Platform; or (ii) allowing footballbnb to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to footballbnb and/or grant footballbnb access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating footballbnb to pay any fees or making footballbnb subject to any usage limitations imposed by such third-party service providers. By granting footballbnb access to any Third-Party Accounts, you understand that footballbnb will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Website, Application, Service or Platform via your footballbnb Account and footballbnb Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your footballbnb Account on the Website, Application, Service and Platform. Please note that if a Third-Party Account or associated service becomes unavailable or footballbnb's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Website, Application, Service or Platform. You have the ability to disable the connection between your footballbnb Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Website and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. footballbnb makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and footballbnb is not responsible for any SNS Content.

We will create your footballbnb Account and your footballbnb Account profile page for your use of the Website and Application based upon the personal information you provide to us or that we obtain via an SNS as described above.

You may not have more than one (1) active footballbnb Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. In some cases, to confirm your identity, footballbnb may ask you to provide proof of your identity in the form of a driver’s license, passport or similar form of identification. As you are registering for your account online, footballbnb may ask you to upload photos of your form(s) of identification, including photos of you holding your form(s) of identification next to your face, or request a video conference session. footballbnb reserves the right to suspend or terminate your footballbnb Account and your access to the Website, Application, Service or Platform if you create more than one (1) footballbnb Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your footballbnb Account, whether or not you have authorized such activities or actions. You will immediately notify footballbnb of any unauthorized use of your footballbnb Account. 

Accommodation Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, size, features, capacity, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Website, Application, Service and Platform, all Accommodation must have valid physical addresses. Listings will be made publicly available via the Website, Application, Service and Platform. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of booking, ClubFan association and settings. Other Members will be able to book your Accommodation via the Website, Application, Service and Platform based upon the information provided in your Listing, your Guest requirements, and Guests' search parameters and preferences. You understand and agree that once a Guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than in the booking request.

You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that footballbnb assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. footballbnb reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that footballbnb, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or footballbnb's then-current Policies and Guidelines ( https://footballbnb.com/pages/view/policies ), or otherwise harmful to the Website, Application, Service and Platform.

IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THE ABILITY OF A GUEST PAYING HOSTS FOR SHORT TIME PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED. LOCAL GOVERNMENTS VARY AS TO THEIR ENFORCEMENT OF THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE PLACING A LISTING ON THE WEBSITE, APPLICATION, SERVICE OR PLATFORM.

If you are a Host, you understand and agree that footballbnb does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and footballbnb is not a party to it. However, footballbnb serves as agent to the Host solely to collect fees for the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes).

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, such as requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements.

If you are a Host, footballbnb makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)

footballbnb recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.

footballbnb may offer Hosts the option of having photographers take photographs of their Accommodation. If you as a Host choose to have photographer do this, footballbnb shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words "footballbnb Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Host for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute footballbnb Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from footballbnb. If your footballbnb Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that footballbnb retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. 

Bookings and Financial Terms

Definitions 

"Accommodation Fees" means the amounts that are due and payable by a Guest in exchange for that Guest's stay in an Accommodation. The Host alone, and not footballbnb, is responsible for the Accommodation Fees for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the footballbnb platform, or (ii) Taxes that the Host determines that he or she has to collect.

"Guest Fees" means the fee that footballbnb charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.

"Host Fees" means the fee that footballbnb charges a Host for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.

"Payment Method" means a payment method that you have added to your footballbnb Account, such as a credit card, debit card or PayPal.

"Service Fees" means collectively the Guest Fees and the Host Fees.

"Total Fees" means collectively the Accommodation Fees and the Guest Fees plus any Taxes.

Bookings and Financial Terms for Hosts

If you are a Host and a booking is requested for your Accommodation via the Website, Application, Service or Platform, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Website, Application, Service and Platform, we will share with you (i) the first and last name and contact details of the Guest who has requested the booking, (ii) a link to the Guest's footballbnb Account profile page, (iii) if the Guest and Host have both connected their footballbnb accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Guest has provided other information to footballbnb, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by footballbnb for the requested booking will be refunded to the applicable Guest. When you confirm a booking requested by a Guest, footballbnb will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Website, Application, Service and Platform.

footballbnb 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 hours of the scheduled check-in time of the Guest at the applicable Accommodation (except to the extent that a refund is due to the Guest). Some payment 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.

Each Host agrees that payment made by a Guest through footballbnb, 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 footballbnb 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. Each Host understands that as footballbnb accepts payments from Guests and that footballbnb’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. footballbnb does not guarantee payments to Hosts for amounts that have not been successfully received by footballbnb from Guests. footballbnb assumes no liability for any acts or omissions of the Host.

If you owe or agree to pay any amount via footballbnb to footballbnb (whether as a result of your bookings or actions as a Host or otherwise), then footballbnb may (but is not obliged to) withhold the amount owing to footballbnb from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to footballbnb. If footballbnb does so, then your obligation to pay footballbnb will be extinguished to the extent of the amount withheld by footballbnb, and footballbnb will cease to owe to you any obligations (including, without limitation, any obligation to pay you) with respect to the amount withheld.

Please note that footballbnb does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that footballbnb reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that footballbnb will provide notice of any Listing fee collection via the Website, Application, Service and Platform, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Guests 

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

The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by footballbnb will be refunded to such Guest, depending on the selections the Guest makes via the Website, Application, Service and Platform.

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

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to footballbnb or its third-party payment processor(s). You agree to pay footballbnb for any confirmed bookings made in connection with your footballbnb Account in accordance with these Terms by one of the methods described on the Website, Application, Service and Platform, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by footballbnb or indirectly, via a third-party online payment processor or by one of the payment methods described on the Website, Application, Service and Platform. You also authorize footballbnb to charge your credit card in the event of damage caused at an Accommodation as contemplated under "Damage to Accommodations" as described in Terms and for Security Deposits, if applicable. If you are directed to footballbnb’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits

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

Service Fees

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

Balances will be remitted by footballbnb to Hosts via PayPal, direct deposit or other payment methods, as described on the Website, Application, Service and Platform, in the Host's currency of choice, depending upon the selections the Host makes via the Website, Application, Service and Platform. Amounts may be rounded up or down as described the "Rounding Off" section in Terms.

Please note that footballbnb, may impose or deduct foreign currency processing costs on or from any payments or payouts by footballbnb in currencies other than U.S. dollars, Euro and Swiss Francs. More information on any such costs or deductions will be available via the Website, Application, Service and Platform. Except as otherwise provided herein, Service Fees are non-refundable.

Cancellations and Refunds

If, as a Guest, you cancel your requested booking made via the Website, Application, Service and Platform, before the requested booking is confirmed by a Host, footballbnb will cancel or refund 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 Website, Application, Service and Platform, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Website, Application, Service and Platform. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host.

If a Host cancels a confirmed booking made via the Website, Application, Service and Platform, (i) footballbnb will refund the Total Fees for such booking to the applicable Guest pursuant to the Terms and (ii) the Guest will receive an email or other communication from footballbnb containing related information. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from footballbnb, please contact footballbnb via details provided on the Website, Application, Service and Platform.

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

In certain circumstances, footballbnb may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Website, Application, Service and Platform. This may be for reasons set forth in the “Extenuating Circumstances” (see below) or for any other reason. footballbnb may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Terms. You agree that footballbnb and the relevant Guest or Host will not have any liability for such cancellations or refunds.

Extenuating Circumstances

Refer to the following links for further information concerning extenuating circumstances for host and guest cancellations:

https://footballbnb.com/pages/view/extenuating_circumstances_host_cancellations

https://footballbnb.com/pages/view/extenuating_circumstances_guest_cancellations 

Rounding Off and Errors

footballbnb 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 supported currency, currently CHF, EUROS and USD). As an example, footballbnb will round up an amount of CHF101.50 to CHF102.00, and for example, CHF101.49 to CHF101.00.

In cases of currencies denominated in large numbers, footballbnb may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency. For example for such currencies footballbnb would round up an amount of 1,145 up to 1,150 and 1,144 down to 1,140, or 11,450 up to 11,500 and 11,449 down to 11,400, or 111,500 up to 112,000 and 111,499 down to 111,000. 

We will use reasonable measures to try to correct any payment processing errors that are reported to footballbnb by you in relation to your Booking of Accommodation. Please report such errors by contacting us in writing via the footballbnb Website or Application.

Foreign Currency 

The footballbnb Website, Application, Service and Platform facilitates bookings between Hosts and Guests who may choose to pay and receive payments in different currencies. This may require foreign currency conversions to accommodate these differing currency choices. Although the footballbnb Website and Application may allow users to view the price of Listings in a number of different 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. Currently the footballbnb platform supports, but not limited to, pricing and payments in CHF, EUROS and USD.

Each foreign currency conversion is processed at a foreign currency conversion rate for the amount of one currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time.

“Display Currency” means the currency in which users view Listing prices on the footballbnb Website or Application. Guests may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.

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

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

“Payout Currency” means the currency in which a Host’s payout will be paid to the Host. The Payout Currency is determined by the Host’s location (only for supported currencies). 

“Base Exchange Rate” means a system-wide rate used by footballbnb 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 footballbnb. footballbnb establishes the Base Exchange Rate using data from one or more third parties. 

“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 footballbnb for its holding costs and foreign currency risks.

footballbnb will process a foreign currency conversion in certain situations as determined by footballbnb

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

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

Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to footballbnb. As a Host, you acknowledge and agree that third-party payment processor and/or bank or wire transfer fees may be deducted from payouts to Hosts.

Taxes

You understand and acknowledge that appropriate governmental authorities, agencies or departments (the “Tax Authority”) according to the location (country, jurisdiction or other) where your Accommodation is located may require Taxes to be collected by Hosts from Guests on the amount paid for the right to use and/or occupy your Accommodation, and to be remitted to the respective Tax Authority. The laws in depending on location may vary, but these taxes are generally 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 “value added taxes,” “occupancy taxes,” “lodging taxes,” “hotel taxes,” “transient taxes,” “sales and use taxes,” “room taxes” or “tourist taxes” (hereafter, "Occupancy Taxes").

We may be required due to tax regulations to collect appropriate tax information from our Hosts, or to withhold Taxes from payments made to Hosts, or both. You as a Host are solely responsible for keeping the information in your tax forms accurate, up-to-date and complete. 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 payments to you, we reserve the right in our sole discretion to freeze all payments made to you until resolution, to withhold such amounts as required by law, or to do both.

As a Host you agree and understand 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 Tax Authority (as defined below) any Taxes included or received by you. footballbnb cannot and does not offer Tax-related advice to any Members. Where applicable, or based upon request from a Host, footballbnb may issue a valid VAT invoice to such Host.

In certain jurisdictions, footballbnb may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of and in-lieu of Hosts, if such tax jurisdiction asserts footballbnb or Hosts have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate collection and remittance of Occupancy Taxes, whether you are a Guest or Host you hereby instruct and authorize footballbnb to collect Occupancy Taxes from Guests on behalf of and in lieu of Hosts at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the relevant Tax Authority. When footballbnb facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, footballbnb will provide notice to existing Hosts with Listings for Accommodation in such jurisdictions. The amount of Occupancy Taxes collected and remitted through facilitation by footballbnb, if any, will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Guests and Hosts agree that in any jurisdiction where footballbnb facilitates collection and remittance of Occupancy Taxes on behalf of and lieu of Hosts, such Hosts are not permitted to also collect and/or remit such taxes on any portion of the Accommodation Fees. Hosts and Guests acknowledge and agree that in some jurisdictions, footballbnb may not be able to facilitate collection and remittance of Occupancy Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and remittance of Occupancy Taxes to the Tax Authority 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 Accommodation. For any jurisdiction in which we facilitate collection and remittance of Occupancy Taxes, Hosts and Guests expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions to the relevant Tax Authority.

Whether you are a Guest of Host, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by footballbnb in connection with 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 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 footballbnb from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

No Endorsement

footballbnb does not endorse any Member, Listing, Accommodation or any travel reviews. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by footballbnb of any Member, Listing or Accommodation.
Members are required by these Terms to provide accurate information, and although footballbnb may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, for transparency or fraud prevention or detection purposes, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.  For example, we may, but are not required to, contact Hosts and Guests via telephone and/or email and we may ask the Host for proof of address (utility bill or telephone) and/or a copy of their identity card or passport.  

Any references in the Website, Application, Service and Platform to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by footballbnb 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 Website, Application, Service and Platform. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Website, Application, Service and Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from footballbnb with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against footballbnb regarding the remittance of payments received from a Guest by footballbnb on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Website, Application, Service and Platform. The products or services available on our Website, Application, Service and Platform may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website, Application, Service and Platform and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website, Application, Service or Platform infringes the copyright or other intellectual property infringement ("Infringement") of any person.

Member Content and unauthorized use of any Materials or Third Party Content contained on the Website and/or Application may violate applicable laws and regulations. You agree to indemnify and hold footballbnb and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) that footballbnb or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website and/or Application or the use of the Website and/or Application by any person using your user name and/or password (including without limitation, your Member Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

footballbnb may, in appropriate circumstances and at our discretion, terminate service and/or access to the Website and/or Application for users who infringe the intellectual property rights of othersIf you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, Application, Service or Platform, you must submit your notice in writing to the attention of "Copyright Infringement" of dmca@footballbnb.com and include in your notice a detailed description of the alleged Infringement containing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online Website and/or Application are covered by a single notification, a full list of such works at that site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website and/or Application, and information reasonably sufficient to permit footballbnb to locate the material. 

• Information sufficient to permit footballbnb to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Website, Application, Service or Platform and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of AllTogether GmbH and its licensors. The Website, Application, Service or Platform is protected by copyright, trademark, and other laws of both the Switzerland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AllTogether GmbH.

Feedback 

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website, Application, Service or Platform ("Feedback"). You may submit Feedback by emailing us, through the "Contact Us" section of the Website and Application, or by other means of communication.Any feedback, suggestions or the like regarding the Website, Application, Service or Platform that you provide at this Website or through the Application (“Feedback”) shall be deemed to be non-confidential. footballbnb shall be free to use such Feedback on an unrestricted basis.  You hereby irrevocably and perpetually grant to footballbnb a royalty-free, fully-paid up license to use, reproduce, prepare derivative works of, modify, publicly perform, publicly display, make, have made, sell and offer to sell Feedback alone or as incorporated in any footballbnb products or services. 

Links To Other Web Sites

Our Website, Application, Service or Platform may contain links to third-party web sites or services that are not owned or controlled by AllTogether GmbH.

AllTogether GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that AllTogether GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Limitation of Liability

In no event shall AllTogether GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, APPLICATION, PLATFORM, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE WEBSITE, APPLICATION, PLATFORM, SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF FOOTBALLBNB WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER FOOTBALLBNB, ALLTOGETHER GMBH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, APPLICATION, PLATFORM, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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 WEBSITE, APPLICATION, PLATFORM, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, APPLICATION, PLATFORM OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPLICATION, PLATFORM, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE WEBSITE, APPLICATION, PLATFORM, SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOOTBALLBNB 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, IN NO EVENT WILL FOOTBALLBNB'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE, APPLICATION, PLATFORM AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE WEBSITE, APPLICATION, PLATFORM, SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APPLICATION, PLATFORM, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE WEBSITE, APPLICATION, PLATFORM, SERVICES 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 FOOTBALLBNB TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED SWISS FRANCS (CHF 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 FOOTBALLBNB 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.

Indemnification

You agree to indemnify, defend, release, and hold AllTogether GmbH 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 Website, Application, Service and Platform, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Accommodation; and (e) your participation in the Referral Program or your accrual of any footballbnb Travel Credits.

Disputes between Members

Any actual or potential agreement or transaction between Members, including a Guest and Host, including the safety, quality, condition or legality of the Accommodation or travel reviews displayed, the truth or accuracy of the travel reviews or Listings (including the content thereof or any review relating to any Accommodation), the ability of Members to rent a property or the ability of Members to contract for properties are solely the responsibility of each Member. If you have a dispute with another Member, you must resolve the dispute directly with the Member. footballbnb may, but is not required to, assist in resolving any disputes between Members.

Accommodation Damage

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 you are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. As a Guest, you further acknowledge and agree that you remain fully responsible for the care and condition of the Accommodation, for any damage to the Accommodation, and you remain fully responsible for any damages. In such situations where you have caused damages, you agree to immediately remit payment for any damage to the Accommodation to the applicable Host. 

If you are a Guest, you understand and agree that footballbnb reserves the right, in its sole discretion, to 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. You agree to cooperate with and assist footballbnb in good faith, and to provide footballbnb with such information as may be reasonably requested by footballbnb, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, without limitation, executing documents and taking such further acts as footballbnb may reasonably request to assist footballbnb in accomplishing the foregoing. 

Guest Overstay without Host Consent

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

Reporting Misconduct

If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to footballbnb by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

User Conduct

You may not use any “page-scrape”, “deep-link”, “spider” , “robot” or other automatic device, algorithm, program or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, Application, Service, Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website or Application. footballbnb reserves the right to bar any such activity.

You may not probe, scan or test the vulnerability of the Website, Application or any network connected to the Website or Application, nor breach the security or authentication measures on the Website, Application or any network connected to the Website or Application. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website or Application, or any other customer of footballbnb, or exploit the Website or Application or any service or information made available or offered by or through the Website or Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website or Application.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to footballbnb on or through the Website or Application. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

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 Website, Application, Service andPlatform. In connection with your use of the Website, Application, Service and Platform, you may not and you agree that you will not:

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

• offer, as a Host, any Rental Property that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, without limitation, a property rental agreement;

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

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

• contact a Host for any purpose other than asking a question related to a booking, Rental Properties or Listing;

• contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Website, Application, Service or Platform;

• contact a ClubFan for any purpose other than asking a question related to a booking or such ClubFan’s use of the Website, Application, Service or Platform;

• recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to footballbnb, without footballbnb’s prior written approval or include listings or links to third party websites in your Member Content;

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

• use automated scripts to collect information from or otherwise interact with the Website, Application, Service or Platform;

• use the Website, Application, Service or Platform to find a Host, Guest or ClubFan and then complete a booking of a Rental Property independent of the Website, Application, Service or Platform, in order to circumvent the obligation to pay any Service Fees related to footballbnb’s provision of the Services or for any other reasons;

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

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

• use the Website, Application, Service or Platform for any commercial or other purposes that are not expressly permitted by these Terms;

• copy, store or otherwise access any information contained on the Website, Application, Service or Platform for purposes not expressly permitted by these Terms;

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

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

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

• use our Website, Application, Service or Platform in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;

• "stalk" or harass any other user of our Website, Application, Service or Platform or collect or store any personally identifiable information about any other user other than for purposes of viewing a travel review or transacting as a footballbnb Guest, Host or ClubFan;

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

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

• use, display, mirror or frame the Website, Application, Service or Platform, or any individual element within the Website, Application, Service or Platform, footballbnb’s name, any footballbnb trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Website, Application, Service or Platform, without footballbnb’s express written consent; 

• access, tamper with, or use non-public areas of the Website, Application, Service or Platform, footballbnb’s computer systems, or the technical delivery systems of footballbnb’s providers;

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

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by footballbnb or any of footballbnb’s providers or any other third party (including another user) to protect the Website, Application, Service or Platform;

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

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Application, Service or Platform; or

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

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

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

Privacy

You agree that footballbnb's “Privacy Policy” which may be updated from time to time is available at https://footballbnb.com/pages/view/privacy (the “Privacy Policy”) governs footballbnb's collection and use of your personal information.

Ownership

The Website, Application, Service, and Platform are protected by copyright, trademark, and other laws of Switzerland and foreign countries. You acknowledge and agree that the Website, Application, Service, and Platform, including all associated intellectual property rights, are the exclusive property of AllTogether GmbH 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 Website, Application, Service or Platform. All trademarks, service marks, logos, trade names and any other proprietary designations of footballbnb used herein are trademarks or registered trademarks of AllTogether GmbH. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

footballbnb Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, footballbnb grants you a limited, non-exclusive, non-transferable license, to (i) access and view any footballbnb Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website, Application, Service, or Platform, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AllTogether GmbH or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content (such as travel reviews). By making available any Member Content on or through the Website, Application, Service, or Platform, you hereby grant to footballbnb a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Website, Application, Service, or Platform. footballbnb does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Website, Application, Service and Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Website, Application, Service and Platform or you have all rights, licenses, consents and releases that are necessary to grant to footballbnb the rights in such Member Content, as contemplated under these Terms; (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or footballbnb’s use of the Member Content (or any portion thereof) on, through or by means of the Website, Application, Service, andPlatform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) your Member Content and your postings will not defame any person, business, location or property.

footballbnb Referral Program

As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Website, Application, Service, and Platform, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. The terms and conditions of the Referral Program are available on the Website and/or Application which are incorporated by reference into these Terms. 

Specific Terms Regarding footballbnb Travel Credits 

“Travel Credits” are issued by footballbnb as credits toward future confirmed bookings made by Members via the Website, Application, Service, and Platform. Footballbnb Travel Credits may only be redeemed for confirmed bookings via the Website, Application, Service, and Platform and after you accrue footballbnb Travel Credits, such footballbnb Travel Credits will be automatically applied to your next confirmed booking made via the Website, Application, Service, and Platform. footballbnb Travel Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem footballbnb Travel Credits after the footballbnb Travel Credits are reflected in your footballbnb Account. The scope, variety, and type of services and products that you may obtain by redeeming footballbnb Travel Credits can change at any time.

footballbnb Travel Credits expire one (1) year maximum from the date that any footballbnb Travel Credits are last accrued in your footballbnb Account. footballbnb will notify you at the email address you provided during Account registration within thirty (30) days of when the footballbnb Travel Credits in your footballbnb Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of footballbnb Travel Credits, please contact us using the “Contact Us” page. footballbnb may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at footballbnb’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of footballbnb Travel Credits. Where applicable, footballbnb may be required to account for VAT on any services for which the footballbnb Travel Credits are redeemed.

Without limiting any other terms of these Terms and subject to applicable law, all footballbnb Travel Credits are forfeited if your footballbnb Account is terminated or suspended for any reason, in footballbnb’s sole discretion, or if footballbnb discontinues providing the Website, Application, Service, Platform or the Referral Program.

footballbnb Account Cancellation, Suspension, Termination

You may cancel your footballbnb Account at any time via the “Cancel Account” feature of the Website and/or Application or by sending an email via the “Contact Us” page. Please note that if your footballbnb Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website, Application, Service and Platform, including, without limitation, any reviews or 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, suspend, deactivate or cancel your footballbnb Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your footballbnb Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Website, Application, Service or Platform, your footballbnb Account, your Member Content, or receive assistance from footballbnb Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact your Guests to inform them about potential alternate Rental Properties with other Hosts that may be available on the Website, Application, Service or Platform, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your footballbnb Account. We also may remove all of your Member Content, such as travel reviews.

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

Additional Terms

The fooltballbnb Website, Application, Service or Platform have various products and offerings, and additional terms or product requirements may apply to your use of those products. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

Disclaimer

IF YOU CHOOSE TO USE THE WEBSITE, APPLICATION, SERVICE, PLATFORM OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FOOTBALLBNB OR THROUGH THE WEBSITE, APPLICATION, SERVICE, PLATFORM OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APPLICATION, SERVICE, PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPLICATION, SERVICE, OR PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS, GUESTS OR CLUBFANS. YOU UNDERSTAND THAT FOOTBALLBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE, APPLICATION, SERVICE OR PLATFORM OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. FOOTBALLBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE, APPLICATION, SERVICE OR PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE, APPLICATION, SERVICE OR PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APPLICATION, SERVICE OR PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPLICATION, SERVICE OR PLATFORM, INCLUDING, BUT NOT LIMITED TO, GUESTS, HOSTS AND CLUBFANS PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY FOOTBALLBNB. FOOTBALLBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

Your use of the Website, Application, Service or Platform is at your sole risk. The Website, Application, Service or Platform is provided on an "AS IS" and "AS AVAILABLE" basis. The Website, Application, Service or Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

AllTogether GmbH its subsidiaries, affiliates, and its licensors do not warrant that a) the Website, Application, Service or Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website, Application, Service or Platform is free of viruses or other harmful components; or d) the results of using the Website, Application, Service or Platform will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, Application, Service or Platform, and supersede and replace any prior agreements we might have between us regarding the Website, Application, Service or Platform.

footballbnb is not affiliated, endorsed, or otherwise associated with Airbnb

 

Contact Us

If you have any questions about these Terms, please contact us:

via the https://www.footballbnb.com website, or

via email trust@footballbnb.com , or

AllTogether GmbH

Bäumlihofstrasse 68

4058 Basel

Switzerland