✨ Unlock EXCLUSIVE discounts with our partners such as yoga, decorators & more when you book with us! ✨

Host Terms of Service

Terms of Service Users in US

Thank you for using BacheloretteStays! These Terms of Service (“Terms”) are a binding legal agreement between you and BacheloretteStays LLC that govern the right to use the websites, applications, and other offerings from BacheloretteStays LLC (collectively, the “BacheloretteStays Platform”). When used in these Terms, “BacheloretteStays,” “we,” “us,” or “our” it refers to BacheloretteStays LLC, a Delaware Limited Liability Company File No.10017280. By viewing or receiving these terms, among other means, and continuing to access and use the BacheloretteStays Platform thereafter (or if you have a Listing (defined below) or account with BacheloretteStays, not immediately informing BacheloretteStays of your disagreement with these terms), you agree to these Terms and all referred Terms as well as all Terms governing the use of the BacheloretteStays Platform, see Section 19.2.

The BacheloretteStays Platform enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”) as well as services (services and accommodations collectively as “Host Services” and each Host Accommodation potentially with Service offering, a “Listing”). As the provider of the BacheloretteStays Platform, BacheloretteStays (or its affiliates) does not own, control, offer or manage any Listings or Host Services except as provided by Section 1.3-1.5. BacheloretteStays is not a party to the contracts entered into directly between Hosts and Guests, nor is BacheloretteStays a real estate broker, travel agency, or insurer. BacheloretteStays is not acting as an agent in any capacity for any Member, except as specified in the host Payments Terms of Service (“Payment Terms” or “Payments Terms”). We contract with third party services to provide different services, such as booking engine management and payments, which may be an integral part of your ability to use the BacheloretteStays Platform and receive the benefits. Such Third Party Services which we choose and which may require your participation, including holding and managing information about your listings or payment information, are collectively referred to as “Provided Third Party” and the services which they provide, “Provided Third Party Services”. To learn more about BacheloretteStays’s role see Section 12. We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by BacheloretteStays. Any modification of other terms referenced in this agreement, including but not limited to the Payments Terms and any information in the FAQ may change according to policies outlined in those documents/pages and are not governed by change notification clauses from this agreement. Other policies and terms (not necessarily exhaustive) can be found here and here.

Host Terms

1. Hosting on BacheloretteStays.

1.1 Host.

As a Host, BacheloretteStays offers you the right to use the BacheloretteStays Platform in accordance with these Terms to share your Accommodation with our vibrant community of Guests - and earn money doing it. You are in control of how you host - set your price, availability, and rules for each Listing. We offer the ability to modify your listing either by email with us or directly via our third-party provider.

1.2 Contracting with Guests.

When you accept a booking request, or receive a booking confirmation through the BacheloretteStays Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like BacheloretteStays’s Service Fee (FAQ) for each booking. BacheloretteStays will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Policies, FAQs, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

1.3 Automatic Synchronization

For your convenience we automatically synchronize at no cost your pricing, minimum and maximum stays for each date and availability from the Airbnb Listing Link provided to us by you unless you explicitly opt out, in writing via email to the contact in our FAQ. While we make the best effort to synchronize accurately, there may be errors or omissions. We assume no responsibility or liability for any errors or omissions in any data we synchronize and present to Guests on your Listing (for example, pricing). You have sole responsibility to verify the accuracy of your listing information.

1.4 Independence of Hosts.

Your relationship with BacheloretteStays is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of BacheloretteStays, except that BacheloretteStays acts as a payment collection agent as described in the Payments Terms. BacheloretteStays does not direct or control your Host Service, and you understand that you have complete discretion whether and when to provide Host Services, and at what price to offer them, notwithstanding other sections in this agreement such as Section 1.3 and 1.5. BacheloretteStays may from time to time and without notice add, remove, alter the position or otherwise change your listing detail page content and/or sections as we make improvements to our platform. We reserve the right to advertise third party services and items unrelated to your listing on your listing detail page. We reserve the right to alter policies that apply to your listing, for example by changing the allowed options for payment plans or cancellation options. We will make a good faith effort to notify you of any major changes (defined solely by BacheloretteStays) prior to them taking effect.

1.5 Listing Creation.

Upon initial agreement BacheloretteStays will provide, at no cost, free listing creation. We will use information provided by you and information from other listing sites to extract and create a Listing for you with information (such as images, descriptions). You are solely responsible for verifying the content and information on your Listing and we assume no liability from incorrect information or omissions in the listing creation process.

2. Managing Your Listing.

2.1 Creating and Managing Your Listing

The BacheloretteStays Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Accommodation and any Service you provide, your price, other charges like cleaning fees, resort fees,, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability, pricing) and content (like photos, descriptions) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Host Services and we suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay.

2.2 Know Your Legal Obligations.

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Privacy Policy. If you have questions about how local laws apply you should always seek legal advice.

2.3 Search Results.

The ranking of Listings in search results on the BacheloretteStays Platform depends on a variety of factors decided at sole discretion by BacheloretteStays and can change at any time with no notice. Search results may differ in the map view vs list view.

2.4 Your Responsibilities.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for verifying the accuracy of your price and the rules and requirements for your Listing, and making alterations or requests for alterations as needed. You must honor the price and rules and requirements set forth when you and a Guest enter into a contract as defined in Section 1.2. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the BacheloretteStays Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the BacheloretteStays Platform in violation of our Off-Platform Policy (FAQ).

2.5 Hosting as a Team or Organization.

If you work with a co-host or host as part of a team, business, or other organization, you are responsible and liable as a Host under these Terms for the acts and omissions of each entity and individual who participates in providing your Host Services and you are responsible for informing personnel engaged by you to deliver any Host Services of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct BacheloretteStays to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

2.6 Your Assumption of Risk.

You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the BacheloretteStays Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the BacheloretteStays Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by BacheloretteStays.

3. Cancellations, Reservation Issues, and Booking Modifications.

3.1 Cancellations and Reservation Issues.

In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our Major Disruptive Events Policy (FAQ) or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Reservation Issue, (ii) a Major Disruptive Event (FAQ) arises, or (iii) a Reservation is canceled under Section 10 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by BacheloretteStays exceeds your payout, BacheloretteStays may recover that amount from you, including by deducting the refund against your future payouts. You agree that BacheloretteStays’s Major Disruptive Events Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.

3.2 Booking Modifications.

Hosts and Guests are responsible for any Booking Modifications they agree to make via the BacheloretteStays Platform or direct BacheloretteStays customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

4. Taxes.

4.1 Host Taxes.

As a Host, you have sole responsibility for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes"). BacheloretteStays adds estimated Taxes to your Listing and you agree you cannot modify any Taxes applied to a Listing unless you request a modification in writing to us to the contact in our FAQ and we approve such a modification. While we try to provide accurate Taxes estimation we are not liable for errors or omissions nor responsible for keeping taxes updated over time and you agree you have sole responsibility for verifying the accuracy of and requesting updates for the Taxes.

4.2 Tax Information.

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation we may withhold payouts up to the amount as required by law and/or terminate your Listing until sufficient documentation is provided. You agree that BacheloretteStays at our discretion, and in compliance with local laws, may issue on your behalf invoices or similar documentation for your Host Services to facilitate accurate tax reporting.

5. Third Party Services.

BacheloretteStays may require the use of or link to or otherwise refer to third-party websites or resources (including but not limited to Provided Third Party Services, collectively “Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. BacheloretteStays is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by BacheloretteStays of those Third-Party Services. For more information on Provided Third Parties and our integration with them please email us at the contact in our FAQ.

6. Damage Protection

BacheloretteStays integrates with third party insurance providers to provide, at no cost to you, damage insurance for bookings that originate from the BacheloretteStays Platform. Unless you explicitly opt out, in writing via email to the contact in our FAQ, you confirm we have your agreement to provide damage insurance for your property and furnish all necessary information about you and your property to the Third Party provider in order to do so. You agree to the Third Party Provider’s terms of insurance, service and other applicable policies governing the insurance services provided to you. For more information on the insurance terms and providers please email the contact in our FAQ.

General Terms

7. Content.

Parts of the BacheloretteStays Platform may enable you to provide text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant BacheloretteStays a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the BacheloretteStays Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where BacheloretteStays (including its affiliates) pays for the creation of Content or facilitates its creation, BacheloretteStays (including its affiliates) may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant BacheloretteStays (including its affiliates) the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Nondiscrimination Policy (FAQ) and these Terms, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content.

8. Fees.

BacheloretteStays may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the BacheloretteStays Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees (FAQ). Any applicable fees are disclosed to Guests before making a Booking. Except as otherwise provided on the BacheloretteStays Platform, service fees are non-refundable. BacheloretteStays reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 10.2.

9. BacheloretteStays Platform Rules.

9.1 Rules.

You must follow these rules and must not help or induce others to break or circumvent these rules.

Act with integrity and treat others with respect

• Do not lie, misrepresent something or someone, or pretend to be someone else.

• Be polite and respectful when you communicate or interact with others.

• Do not attempt to evade enforcement of these Terms, or any referenced terms, such as by creating a duplicate account or listings.

• Follow our Nondiscrimination Policy (FAQ) and do not discriminate against or harass others.

Do not scrape, hack, reverse engineer, compromise or impair the BacheloretteStays Platform

• Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the BacheloretteStays Platform.

• Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the BacheloretteStays Platform or Content.

• Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the BacheloretteStays Platform.

• Do not take any action that could damage or adversely affect the performance or proper functioning of the BacheloretteStays Platform.

Only use the BacheloretteStays Platform as authorized by these Terms or another agreement with us

• You may only use another Member’s personal information as necessary to facilitate a transaction using the BacheloretteStays Platform as authorized by these Terms.

• Do not use the BacheloretteStays Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.

• You may use Content made available through the BacheloretteStays Platform solely as necessary to enable your use of the BacheloretteStays Platform as a Host.

• Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.

• Do not request, make, or accept a booking or any payment outside of the BacheloretteStays Platform to avoid paying fees, taxes or for any other reason unless it is during a Guest stay at your property and from or to a Guest for incidentals or upgrades related to the stay.

• Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by BacheloretteStays.

• Do not engage in any practices that are intended to manipulate our search algorithm.

• Do not use, copy, display, mirror or frame the BacheloretteStays Platform, any Content, any BacheloretteStays branding, or any page layout or design without our consent.

Honor your legal obligations

• Understand and follow the laws that apply to you, including privacy, data protection, and export laws.

• If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.

• Read and follow our Terms and any referenced terms or policies, including any policies sent to you via any communication or policies that apply to the use of BacheloretteStays Platform as a whole. Using the BacheloretteStays Platform constitutes an acceptance of all terms applied to it

• Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events (FAQ), as incorporated by reference herein.

• Do not use the name, logo, branding, or trademarks of BacheloretteStays or others without permission

• Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any BacheloretteStays trademarks, logos or branding.

• Do not offer Host Services that violate the laws or agreements that apply to you.

• Do not offer or solicit prostitution or participate in or facilitate human trafficking.

9.2 Reporting Violations.

If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting BacheloretteStays. In addition, if you believe that a Member, Listing or Content has violated our Terms or policies, you should report your concerns to BacheloretteStays. If you reported an issue to local authorities, BacheloretteStays may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

9.3 Copyright Notifications.

If you believe that Content on the BacheloretteStays Platform infringes copyrights, please notify us.

10. Termination, Suspension and other Measures.

10.1 Term.

The agreement between you and BacheloretteStays reflected by these Terms is effective when you access the BacheloretteStays Platform and remains in effect until either you or we terminate the agreement in accordance with these Terms.

10.2 Termination.

You may terminate this agreement at any time by sending us an email at the contact in our FAQ. BacheloretteStays may terminate this agreement and your Listing for any reason and will make good faith efforts to provide notice of termination. BacheloretteStays may also terminate this agreement immediately and without notice and stop providing access to the BacheloretteStays Platform and Provided Third Party Platform if you breach these Terms or any terms referenced here or elsewhere on the BacheloretteStays Platform or in any communication with you, you violate applicable laws, or we reasonably believe termination is necessary to protect BacheloretteStays, its Members, or third parties.

10.3 Member Violations.

If (i) you breach these Terms, or any terms referenced here or elsewhere on the BacheloretteStays Platform or in any communication with you, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) BacheloretteStays believes it is reasonably necessary to protect BacheloretteStays, its Members, or third parties; BacheloretteStays (or its affiliates) may, with or without prior notice:

• suspend or limit your access or revoke the use of the BacheloretteStays Platform and/or your account, including accounts with Provided Third Party Services and any services we provide via Third Parties for you;

• suspend, remove, disable access to, or restrict visibility of Listings, or other Content;

• cancel pending or confirmed bookings; or

• suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as BacheloretteStays (or its affiliates) determine in its sole discretion, you will be given notice of any intended measure by BacheloretteStays and an opportunity to resolve the issue. If a Reservation is canceled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.

10.4 Legal Mandates.

BacheloretteStays may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 10.3.

10.5 Effect of Termination.

If you are a Host and terminate your BacheloretteStays account, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the BacheloretteStays Platform has been limited, or your BacheloretteStays Listing or any Provided Third Party accounts or services have been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the BacheloretteStays Platform through an account of another Member.

10.6 Survival.

Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 20.

11. Modification.

BacheloretteStays may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the BacheloretteStays Platform. We will make good faith attempts to notify you of any material changes prior to the terms taking effect. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the BacheloretteStays Platform will constitute acceptance of the revised Terms.

12. BacheloretteStays’s Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using BacheloretteStays, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that BacheloretteStays (or its affiliates) has the right, but does not have any obligation, to monitor the use of the BacheloretteStays Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the BacheloretteStays Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that BacheloretteStays administers its Terms and Policies, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist BacheloretteStays (or its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the BacheloretteStays Platform. BacheloretteStays is not acting as an agent for any Member except for where BacheloretteStays acts as a collection agent as provided in the Payments Terms.

13. Member Accounts.

BacheloretteStays provides Provided Third Party services to you for your convenience, to manage your listing, file insurance claims and other services. Provided Third Party services may require that you create an account in order to use the features. By signing up for Provided Third Party accounts you agree to abide by any terms and conditions of Provided Third Party platforms or services, and any violation of those terms can result in BacheloretteStays terminating your Listing and the Provided Third Party accounts and/or services at our sole discretion. BacheloretteStays disclaims all liability arising from your use of Third Party Services, Provided or otherwise. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials. You are responsible and liable for activities conducted through your account and must immediately notify BacheloretteStays and the Provided Third Party if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

14. Disclaimer of Warranties.

The BacheloretteStays Platform and all Content are provided “as is” without warranty of any kind and BacheloretteStays (or its affiliates) disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the BacheloretteStays Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or BacheloretteStays (or its affiliates) has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties BacheloretteStays (or its affiliates) cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

15. Limitations on Liability.

Neither BacheloretteStays (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the BacheloretteStays Platform or any Content 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 (i) these Terms, (ii) the use of or inability to use the BacheloretteStays Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the BacheloretteStays Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not BacheloretteStays has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the Damage Insurance, in no event will BacheloretteStays’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the BacheloretteStays Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).

These limitations of liability and damages are fundamental elements of the agreement between you and BacheloretteStays. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

16. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at BacheloretteStays’s option), indemnify, and hold BacheloretteStays (including other affiliates, and their personnel) 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: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or any referenced terms and policies here or elsewhere on BacheloretteStays Platform or in any communications with you, (ii) your improper use of the BacheloretteStays Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

17. United States Governing Law and Venue.

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 18 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.

18. United States Dispute Resolution and Arbitration Agreement.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND BacheloretteStays AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

18.1 Application.

This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against BacheloretteStays in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 18 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

18.2 Overview of Dispute Resolution Process.

BacheloretteStays is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 18 applies: (1) an informal negotiation directly with BacheloretteStays (described in paragraph 18.3, below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. BacheloretteStays retains the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

18.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.

At least 30 days prior to initiating an arbitration, you and BacheloretteStays each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice“) and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to BacheloretteStays by emailing it to the contact in our FAQ. BacheloretteStays will send its Pre-Dispute Notice to the email address or social media account associated with your BacheloretteStays account. A Pre-Dispute Notice must include: the date, your name, mailing address, your BacheloretteStays Listing(s), the email address you used to set up any Provided Third Party accounts, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 18.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.

18.4 Agreement to Arbitrate.

You and BacheloretteStays mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the BacheloretteStays Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, you and BacheloretteStays agree that an arbitrator will decide that issue. For the avoidance of doubt, you and BacheloretteStays agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 18, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

18.5 Exceptions to Arbitration Agreement.

You and Airbnb each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 18): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the Airbnb Platform or Host Services. You and Airbnb agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

18.6 Arbitration Forum Rules and Governing Law.

This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by an arbitration service of our choosing in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules") (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure). BacheloretteStays may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.

18.7 Modification of Arbitration Rules - Arbitration Hearing/Location.

In order to make the arbitration most cost-effective, efficient, and convenient, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

18.8 Modification of Arbitration Rules - Arbitration Fees and Costs.

BacheloretteStays will not be responsible for your share of arbitration fees under any circumstances unless required to do so by a court of law.

18.9 Modification of Arbitration Rules - Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement.

Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.

18.10 Arbitrator’s Decision.

The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or other arbitration rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

18.11 Jury Trial Waiver.

You and BacheloretteStays acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

18.12 No Class Actions or Representative Proceedings.

You and BacheloretteStays acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

18.13 Mass Action Waiver.

You and BacheloretteStays acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and BacheloretteStays agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 17 and 18.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or BacheloretteStays from participating in a mass settlement of claims.

18.14 Modification of Arbitration Rules – Mass Action Batching Requirements.

If for any reason, notwithstanding Section 18.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 5 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 17 and 18.12 of these Terms.

18.15 Modifications of Arbitration Rules - Offers of Judgment.

At least 10 days before the date set for the arbitration hearing, you or BacheloretteStays may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.

18.16 Severability.

Except as provided in Section 18.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

18.17 Amendment to Agreement to Arbitrate.

If BacheloretteStays amends this Section 18 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your BacheloretteStays Listing(s), the email address you used to set up your Provided Third Party accounts, your signature, and an unequivocal statement that you want to opt out of the amended Section 18. You must email the opt-out notice to the contact in our FAQ. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and BacheloretteStays (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and BacheloretteStays.

18.18 Survival.

Except as provided in Section 18.12 and subject to Section 10.6, this Section 18 will survive any termination of these Terms and will continue to apply even if you stop using the BacheloretteStays Platform or request termination of your Listing(s) and/or relationship with us.

19. Miscellaneous.

19.1 Interpreting these Terms.

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between BacheloretteStays and you pertaining to your access to or use of the BacheloretteStays Platform and supersede any and all prior oral or written understandings or agreements between BacheloretteStays and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and BacheloretteStays. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 18.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

19.2 Term.

This agreement between you and BacheloretteStays reflected by these Terms is effective when you have a Listing on the BacheloretteStays Platform or account with BacheloretteStays or any Provided Third Party and receive or view these terms via the platform or any communication method we have used to communicate with you previously or that you have indicated explicitly or implicitly is a method by which you can be reached, and remains in effect until either you or we terminate this agreement in accordance with Section 10.

19.3 No Waiver.

BacheloretteStays’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

19.4 Assignment.

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without BacheloretteStays's prior written consent. BacheloretteStays may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, and will make a good faith effort to provide prior notice.

19.5 Notice.

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by BacheloretteStays via email, BacheloretteStays Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.

19.6 Third-Party Services.

The BacheloretteStays Platform and any communications from us may contain links to, refer to or require the use of third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. BacheloretteStays is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

19.7 Platform Content.

Content made available through the BacheloretteStays Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of BacheloretteStays and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the BacheloretteStays Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, BacheloretteStays grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the BacheloretteStays Platform mobile application on your personal device(s); and (ii) access and view the Platform Content made available on or through the BacheloretteStays Platform and accessible to you, solely for your personal and non-commercial use.

19.8 Force Majeure.

BacheloretteStays shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

19.9 Contact Us.

If you have any questions about these Terms please email us at the contact in our FAQ.

20. Additional Clauses for Users that are Businesses

The following paragraphs also apply if you are using the BacheloretteStays Platform as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Terms, “you” and “your” will refer and apply to that business, company or other legal entity).

20.1

You accept the Terms and you will be responsible for any act or omission of employees or third-party agents using the BacheloretteStays Platform on your behalf.

20.2

You and your Representative individually affirm that you are authorized to provide the information described in all Sections in this agreement and your Representative has the authority to bind you to these Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.

20.3

You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.