February 4, 2016

Terms of Service

Happy Host Terms and Conditions 

  1. Introduction
    1. These terms and conditions (“Host Terms”) apply to your registration as a “Host” with Happy Host (“we” or “us”) and to any and all services which we supply to you, as a Happy Host registered customer (“Customer”). Your registration with Happy Host is conditional on your agreement to these Host Terms in full.
    2. In these Host Terms, Customers who are acting in their capacity as hosts (who are allowing their property to be occupied by Guests) will be referred to as “Hosts” and individuals who are acting as guests at such property will be referred to as “Guests”.
    3. We provide services to you, the Host, in order to ensure that the property you make available for occupancy by Guests (“Property”) is ready to host. Our Complete Management Services (as defined below) are provided to you in order to complement your booking made with an Approved Booking Supplier (as defined below in clause 3.2) (“Booking”) for the occupation of the Property by a Guest.
    4. We may amend these Host Terms at any time by posting the amended terms on the website Happy Host.co (“Site”). All amended terms will automatically take effect immediately on posting. Please check these Host Terms periodically to inform yourself of any changes. In continuing to use the Site and/or our Complete Management Services you confirm that you accept the then current Host Terms in full at the time you use the Site and/or our Complete Management Services.
    5. These Host Terms should be read in conjunction with our Website Terms and Privacy Policy, which are posted on the Site.
  1. Complete Management Services
    1. Subject to the receipt of a Complete Management request (defined below) we agree to provide any or all of the following services to you, the Host, with reasonable skill and care and in accordance with these Host Terms (“Complete Management Services”):
      1. House-Keeping Services (as set out in Appendix A).
      2. Linen Services (as set out in Appendix B).
      3. Check-in Services (as set out in Appendix C)
      4. Profile creation and management (as set out in Appendix D)
      5. Pricing optimization (as set out in Appendix E)
      6. Guest messaging (as set out in Appendix F)
    2. A request for the receipt of Complete Management Services can be made by you on the Site or by contacting us on (857) 272-0868 or by email at our Happy Host email addresses (“Service Request”).
    3. A New Customer Request shall be submitted by a Host at least one week in advance of the intended time of service.
    4. We shall endeavor to respond to your New Customer Request within 48 hours of receipt of the same.
    5. We are entitled to appoint sub-contractors to provide any and all of the Complete Management Services to you (“Third Party Suppliers”) and the terms and conditions of such third party services shall apply to the relevant services in addition to these Host Terms.
  1. Host Obligations
    1. In order to allow us to provide the Complete Management Services set out in these Host Terms you agree that you will:
      1. provide us with complete, accurate and timely information about the Property, the Guest and other information reasonably requested by us or which you consider relevant for provision of the relevant Complete Management Services, at all times;
      2. liaise and cooperate fully with us in the provision of the Complete Management Services and the delivery to us of (a copy of) the keys to the Property;
      3. respond to any requests which may be made by us;
      4. comply with the provisions of Appendices A – F to these Host Terms;
      5. pay our fees and costs as per paragraph 4 below; and
      6. not, at any time during or following the provision of the Complete Management Services, directly or indirectly solicit or entice away (or attempt to solicit or entice away) any employees or contractors of Happy Host, including our cleaners, from our employment or engagement.
    2. You understand and agree that Happy Host does not act as an insurer and that you shall obtain the appropriate insurance for the Property and its contents.
    3. You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses including (without limitation) reasonable legal fees, arising out of, or in connection with, any breach by you of these Host Terms or the terms of any agreement you may have in place with the Approved Booking Supplier from time to time.
    4. You agree to indemnify Happy Host from any claims, liabilities, damages, losses and expenses incurred between you and your landlord or building co-op board due to sub-leasing your apartment
  1. Charges and Payment
    1. Details of our current charges for our Complete Management Services (“Charges”) are set out in Appendix G or as otherwise agreed with you.
    2. We will render invoices to you in respect of each Booking (and the related Complete Management Services) and such invoices may include services provided by Third Party Suppliers. The Charges shall be payable immediately upon receipt of the invoice, provided at the end of each guest Stay. We reserve the right to cancel Complete Management Services if we do not receive payment within 10 business days.
  1. Termination / Cancellation
    1. If your Happy Host account is terminated for any reason in accordance with the Website Terms, the agreement between you and us set out in these Host Terms shall immediately terminate.
    2. Upon termination of your Happy Host account we will cease to provide our Complete Management Services to you with immediate effect.
    3. The Charges for our Complete Management Services provided up until the date of termination and through any current stay shall become payable immediately following termination and receipt of our final invoice.
    4. You agree to pay interest on any amount payable under these Host Terms and not paid on the due date, for the period from the due date to the date of payment at a rate equal to 4% above the Federal Funds rate from time to time.
    5. You may cancel the relevant Complete Management Services up to 24 hours before commencement of such services (“Cancelled Services”). Any Charges already paid in respect of Cancelled Services shall be refunded to you. For the avoidance of doubt, we shall not refund any charges already paid in respect of any Complete Management Services that are cancelled less than 24 hours before they are due to commence but such charges shall be credited towards your account for the next Ready to Host Services that you request.
  1. Liability
    1. You agree that our liability in respect of any loss under these Host Terms will be limited in accordance with the terms and conditions set forth herein.
    2. We do not have the authority to form a binding agreement between you and a Guest for the occupation of the Property. We will follow agreed rules for accepting or rejecting bookings (e.g., previously reviewed Guests). We will not be liable in respect of any matter arising which relates to a Booking between you, as Host, and a Guest.
    3. We will not be liable for the provision of services by third parties (including Third Party Suppliers) nor will we be liable if any Complete Management Services requested by you are unavailable.
    4. We will not be liable to you or be deemed to be in breach of these Host Terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar occurrences.
    5. In no event shall we be liable for exemplary, incidental, indirect, special or consequential damages or for any business, financial or economic loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising out of or resulting from these Host Terms (even if we have been advised of the possibility thereof) and whether such loss arises as a result of negligence, breach of contract, tort or otherwise by us or any agent, employee or third party providing services on our behalf (including a Third Party Supplier) except to the extent the foregoing limitation is prohibited by applicable law.
    6. Notwithstanding anything to the contrary herein, subject to any exceptions set forth in applicable law, our liability for all losses, damages, and other liabilities relating to or arising out of these Host Terms and the Complete Management Services provided hereunder (including, without limitation, with respect to property damage, damage to valuable or fragile items at the Property, personal injury, death) will be limited to the cost of obtaining replacement services or the amount of the Charges payable by you for our Complete Management Services within the 12 (twelve) months up to the date on which the liability is calculated, whichever is the higher amount.
    7. You agree that by giving keys to your Property to Happy Host, you are allowing access to each of Happy Host’s employees, contractors and agents access to your Property.
  1. Miscellaneous
    1. Each of the parties hereto warrants that it has the power to enter into the agreement set out in these Host Terms and has obtained all necessary approvals to do so.
    2. The relationship between you and us is that of an independent contractor. We shall not be, act as, purport to act as, or be deemed to be, the agent, employee or partner of you as to any matter. No partnership, joint venture, association, alliance, or other fiduciary, employee/employer, principal/agent or other relationship other than that of independent contractor shall be created by these Host Terms, express or implied.
    3. Each party acknowledges that these Host Terms, the Website Terms and Privacy Policy and any documents referred to therein (each as amended from time to time) contain the whole agreement between the parties hereto and that it has not relied upon any oral or written representations made to it by the other or its employees or agents. Nothing in this clause shall limit or exclude any liability for fraud.
    4. The parties agree that these Host Terms are fair and reasonable. However, if any provision of these Host Terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording was deleted, then such provision shall apply with such deletions as may be necessary to make it valid and the remaining provisions shall remain in full force and effect and these Host Terms shall be enforced in such manner as carries out as closely as possible the intent of the parties hereto.
    5. No failure or delay by us in exercising any right or remedy provided by law or under these Host Terms and no single or partial exercise of any such right or remedy shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time.
    6. Happy Host may use property photos on the Happy Host website, social media or other marketing efforts, unless the Host rescinds this permission
    7. These Host Terms are governed by and construed in accordance with the laws of the United States and New York state.

 

Appendix A

Housekeeping Services

Part A – Pre-Booking Housekeeping Services

Subject to Part C below, Happy Host shall:

  1. Remove all rubbish, plates and cutlery from every room used by the previous Guest(s) at the Property (if applicable).
  2. Spray clean all visible surfaces at the Property.
  3. Clean the bathroom, sink, toilet etc.
  4. Make up the beds being used by the Guest(s) at the Property.
  5. Vacuum the carpets and mop the floors in the main rooms at the Property.
  6. Check whether all electrical equipment and appliances (including light bulbs and TV remote controls) at the Property are working.
  7. Where such things are not already provided by the Host, provide essentials such as soap, paper towels, toilet roll for use by the Guest(s) (chosen and provided at Happy Host’s discretion and subject to availability).
  8. Carry out a final visual check to ensure that the Property is ready for the Guest(s).

The Host shall:

  1. Provide Happy Host with a vacuum cleaner, toilet brush, mop and bucket.
  2. Inform Happy Host if there are any items which are particularly fragile and mark them as such.
  3. Lock away any expensive, irreplaceable and/or fragile items.

Part B – Post Check-out Housekeeping Services

Where Happy Host has been informed that the Property is not immediately required by another Guest at the end of a Booking, and upon request, Happy Host shall carry out a reduced form of the Pre-Booking House-Keeping Services (as described in Part A above) which shall not include re-stocking of the essentials or the Excluded Items defined below in Part C.

Part C – Excluded Items

Happy Host shall not undertake the following activities:

  •       Washing Walls
  •       Furniture Treatment
  •       Carpet Treatment or Deep Cleaning
  •       Cleaning of exterior windows
  •       Animal waste removal
  •       Gardening & garden shed cleaning
  •       Garden and/or Patio cleaning
  •       Mold and/or bio-hazardous substance removal
  •       Industrial cleaning
  •       The lifting of heavy furniture
  •       Cleaning surfaces above arms reach
  •       Cleaning of heavily soiled areas
  •       Extermination (insects etc.)
  •       Yard work or garage cleaning
  •       Oven cleaning
  •       Cleaning of items that appear to be broken or are likely to break during cleaning

 

Appendix B

Linen Services

Happy Host shall provide the following items for each Booking:

  1. 1 clean / ironed sheet per bed
  2. 1 duvet cover per bed
  3. Appropriate number of pillow cases
  4. 1 bath towels per Guest
  5. 1 hand towel per bathroom
  6. 1 bath mat per bathroom
  7. 2 face towels per guest
  8. 1-2 dish towels

For the avoidance of doubt, the above items will only be provided once, at the start of the Booking. If the Host wants any of the items to be changed then it will need to request and book another linen service.

The Host shall provide the following basic items as appropriate:

  1. Mattresses (and mattress topers)
  2. Duvets
  3. Pillows

If the Host requires any of the above three basic items, it must notify Happy Host at least 48 hours in advance of the Booking and they will be provided at an additional cost.

Host shall return all linen rental items as soon as possible at the end of a Booking. If the Booking is for longer than 15 days, we reserve the right to call back the linen and the Host is required to return the linen upon such call back.

If any linen rental item is missing at the end of the Booking, we reserve the right to charge the full replacement value of that item.

A Host may not wash and reuse the linen items.

 

Appendix C

Check-in Services

Happy Host shall:

  1. Receive the Guest at the Property at the time agreed by the Guest.
  2. Give the Guest a tour of the Property.
  3. Hand over the keys to the Property to the Guest.

In order for Happy Host to perform the Check-in Services, it will arrange a meeting time with the guest

Happy Host shall provide the Check-in Services only between 8 am and 6 pm. For check-in at other times, additional charges shall apply and check-in shall be at the discretion of Happy Host, or a remote check-in will be arranged.

If the Guest is late, Happy Host is only obliged to wait for 60 minutes after the original check-in time. Happy Host may wait for longer at their discretion but extra charges may apply for this.

Happy Host will provide alternative key drop through the nearest available Key Cafe service or key lockbox.

 

Appendix D

Profile creation and management

Happy Host shall:

  1. Visit the apartment, interview the owner and take initial photos to establish the listing
  2. Write the AirBnB listing, including headline, amenities, overall description, photos, photo descriptions and detailed description
  3. Book time with a professional photographer, prepare the apartment for the shoot, and greet the photographer
  4. Ongoing optimization, adjusting the listing to keep it current and high performing

 

Appendix E

Pricing optimization

Happy Host shall:

  1. Agree on base price in consultation with Host and based on comparable local properties
  2. Adjust price based on local demand, local events and listing performance

 

Appendix F

Guest messaging

Happy Host shall:

  1. Respond to credible guest inquiries within 24-hour, answering guest questions and asking any relevant questions
  2. Screen guests based on pre-established screening criteria with Host
  3. Negotiate rental rate with input from Host
  4. Where guests meet screening criteria and host apartment is available will accept bookings or pre-approve guests
    1. Happy Host may occasionally require input from hosts (e.g., monthly rental rates or confirming calendar), in those instances, Happy Host will require Host input to meet the 24-hour inquiry window

 

Credit: This document was created using Hostmaker as a template