Please read these terms of service with care as they contain important information about your legal rights, remedies and obligations. These include various limitations and exclusions, a clause regarding the jurisdiction and venue of disputes and obligations to comply with applicable laws and regulations.
In particular, it is important that Hosts understand how the laws work in their respective cities; some cities have laws that restrict their ability to host paying guests for short 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 altogether. Local governments vary greatly in how they enforce these laws. Penalties may include fines or other measures. Hosts should review local laws before listing a space on HarbourSpot.
You, the user of the website, application or services are subject to this contract with HarbourSpot Limited.
The Website, Application and Services comprise an online platform through which Hosts (defined below) may create Listings (defined below) for Accommodations (defined below) and Guests (defined below) may learn about and book Accommodations directly from the Hosts. You understand and agree that HarbourSpot is not a party to any agreements entered into between Hosts and Guests, nor is HarbourSpot a real estate broker, agent or insurer. HarbourSpot has no control over the conduct of Hosts, Guests or other users of the Website, Application and Services or any Accommodation, and disclaims all liability in this regard to the maximum extent permitted by law.
Certain areas of the Website and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Website, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website, Application, Services or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
HarbourSpot reserves the right, at its sole discretion, to modify the Website, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website, via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Website, Application or Services after we have posted a modification on the Website, via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website, Application and Services.
The Website, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Website, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Website, Application or Services you represent and warrant that you are 18 or older.
The Website, Application and Services can be used to facilitate the listing and booking of nautical properties (“Accommodations”). Such Accommodations are included in Listings on the Website, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Website, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create a HarbourSpot Account (defined below).
As stated above, HarbourSpot makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations directly with each other. HarbourSpot is not an owner or operator of properties, nor does HarbourSpot own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Unless explicitly specified otherwise in the HarbourSpot platform, HarbourSpot’s responsibilities are limited to: (i) facilitating the availability of the Website, Application and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. HARBOURSPOT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. HARBOURSPOT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
In order to access certain features of the Website and Application, and to book an Accommodation or create a Listing, you must register to create an account (“HarbourSpot Account”) and become a Member. You may register to join the Services directly through 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 described below. As part of the functionality of the Website, Application and Services, you may link your HarbourSpot Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to HarbourSpot through the Website, Services or Application; or (ii) allowing HarbourSpot 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 HarbourSpot and/or grant HarbourSpot 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 HarbourSpot to pay any fees or making HarbourSpot subject to any usage limitations imposed by such third-party service providers. By granting HarbourSpot access to any Third-Party Accounts, you understand that HarbourSpot may 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, Services and Application via your HarbourSpot Account and HarbourSpot 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 HarbourSpot Account on the Website, Application and Services. Please note that if a Third-Party Account or associated service becomes unavailable or HarbourSpot’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 and Services. You have the ability to disable the connection between your HarbourSpot 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. HarbourSpot makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and HarbourSpot is not responsible for any SNS Content.
We will create your HarbourSpot Account and your HarbourSpot 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 HarbourSpot 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. HarbourSpot reserves the right to suspend or terminate your HarbourSpot Account and your access to the Website, Application and Services if you create more than one (1) HarbourSpot 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 done under the HarbourSpot Account, whether or not you have authorized such activities or actions. You will immediately notify HarbourSpot of any unauthorized use of your HarbourSpot Account.
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, capacity, size, features, amenities and availability of the Accommodation, as well as pricing and related rules and financial terms. Listings will be made publicly available on the Website, Application and Services. Other Members will be able to book your Accommodation from the Website, Application and Services based upon the information provided in your Listing. 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 are responsible for any and all Listings 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, 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 HarbourSpot assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. HarbourSpot reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that HarbourSpot, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or HarbourSpot’s then-current Policies and Community Guidelines (http://harbourspot.com/legal-terms), or otherwise harmful to the Website, Application or Services.
If you are a Host, you understand and agree that HarbourSpot 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 HarbourSpot is not a party thereto. Notwithstanding the foregoing, HarbourSpot serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host.
If you are a Host, HarbourSpot makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own actions and omissions and are also responsible for the actions 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.)
HarbourSpot 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 review 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.
HarbourSpot may offer Hosts the option of having photographers take photographs of their Accommodations. If you as a Host choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “HarbourSpot Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by HarbourSpot, including Verified Images, constitute HarbourSpot Content, regardless of whether you include them in your Listing.
HarbourSpot may reserve the right to verify Members or Accommodations. 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 HarbourSpot of any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although HarbourSpot may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm or endorse any Member or the Member’s purported identity or background.
Any references in the Website, Application or Services 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 HarbourSpot 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 through the Website, Application and Services. 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.
By using the Website, Application or Services, 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 HarbourSpot with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Website and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against HarbourSpot regarding the remittance of payments received from a Guest by HarbourSpot on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
“Accommodation Fees” refer to 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 HarbourSpot, determines these amounts. The Host may in his/her sole discretion decide to include in these amounts (i) other fees permitted on the HarbourSpot platform, or (ii) Taxes that the Host determines that he/she must to collect.
“Guest Fees” refer to the fee that HarbourSpot charges a Guest for the use of its online platform, which is calculated as a percentage of the applicable Accommodation Fees.
“Host Fees” refer to the fee that HarbourSpot charges a Host for the use of its online platform, which is calculated as a percentage of the applicable Accommodation Fees. The Host Fees will be displayed to the Host when he/she is prompted to confirm or reject a booking request from a prospective Guest.
“Service Fees” refer to collectively the Guest Fees and the Host Fees.
“Total Fees” refer to collectively the Accommodation Fees and the Guest Fees.
If you are a Host and a booking is requested for your Accommodation through the Website, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested through the Website, Application and Services, we will share with you the first and last name of the Guest who has requested the booking and a link to the Guest’s HarbourSpot Account profile page so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request for your Accommodation within the Booking Request Period, any amounts collected by HarbourSpot for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested from a Guest, HarbourSpot will send you an e-mail, text message or message through the Application confirming such booking, depending on the selections you make through the Website, Application and Services.
HarbourSpot will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Accommodation Fees to the Host within 24 hours from when the Guest’s stay is concluded at the applicable Accommodation (except in the case that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the method for receiving payouts chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount to HarbourSpot to HarbourSpot (whether as a result of your bookings or actions as a Guest or otherwise), then HarbourSpot may (but is not obliged to) withhold the amount owing to HarbourSpot from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to HarbourSpot. If HarbourSpot does so, then your obligation to pay HarbourSpot will be extinguished to the extent of the amount withheld by HarbourSpot, and HarbourSpot will cease to owe to you any obligations (including, for example, any obligation to pay you) with respect to the amount withheld.
Each Host hereby appoints HarbourSpot as the Host’s limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Guests.
Each Host agrees that payment made by a Guest through HarbourSpot, 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 HarbourSpot may, in accordance with the cancellation policy chosen by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund (through HarbourSpot) to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host understands that as HarbourSpot accepts payments from Guests as the Host’s limited payment collection agent and that HarbourSpot’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. HarbourSpot does not guarantee payments to Hosts for amounts that have not been successfully received by HarbourSpot from Guests. In accepting appointment as the limited authorized agent of the Host, HarbourSpot assumes no liability for any acts or omissions of the Host.
Please note that HarbourSpot does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that HarbourSpot reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that HarbourSpot will provide notice of any Listing fee collection through the Website, Application and Services, prior to implementing such a Listing fee.
The Hosts, not HarbourSpot, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Website, Application and Services. 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 HarbourSpot, will be responsible for performing the obligations of any such agreements, that HarbourSpot is not a party to such agreements, and that, with the exception of its payment obligations hereunder, HarbourSpot disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that HarbourSpot is not a party to the agreement between you and the Host, HarbourSpot acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to HarbourSpot, your payment obligation to the Host for the Accommodation Fees is extinguished, and HarbourSpot 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.
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 Host), any amounts collected by HarbourSpot will be refunded to such Guest, depending on the selections the Guest makes through the Website and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable.
You as a Guest agree to pay HarbourSpot the Total Fees for any booking requested in connection with your HarbourSpot 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 HarbourSpot, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization from your credit card for the Total Fees or (ii) 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. €1 or £1), to verify your credit card. Once HarbourSpot receives confirmation of your booking from the applicable Host, HarbourSpot will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that HarbourSpot cannot control any fees that may be charged to a Guest by his/her bank related to HarbourSpot’s collection of the Total Fees, and HarbourSpot disclaims all liability in this regard.
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, HarbourSpot will, in its capacity as the payment collection agent of the Host, use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Host determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Host’s Accommodation. HarbourSpot will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but HarbourSpot is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for the use of HarbourSpot’s online marketplace and platform, HarbourSpot 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. HarbourSpot deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by HarbourSpot to Hosts through PayPal, by direct deposit or other payment methods described on the Website or Application, in the Host’s currency of choice, depending upon the selections the Host makes through the Website, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.
Please note that HarbourSpot, may impose or deduct foreign currency processing costs on or from any payments or payouts. More information on any such costs or deductions will be available through the Website and Application. More information on Services Fees can be found at http://harbourspot.com/legal-terms. Except as otherwise provided herein, Service Fees are non-refundable.
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, HarbourSpot will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable period of time. If, as a Guest, you wish to cancel a confirmed booking made through the Website, Application and Services, 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. More details regarding refunds and cancellation policies can be found on the Website and Application. Regardless of the cancellation policy selected by the Host, the Guest Fee is non-refundable.
If a Host cancels a confirmed booking made through the Website, Services, and Application, HarbourSpot will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable period of time from the cancellation and the Guest will receive an e-mail or other communication from HarbourSpot containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay HarbourSpot the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms.
If, as a Host, you cancel a confirmed booking, HarbourSpot may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation 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 (to be withheld from your future payouts). You will be notified of a situation in which a cancellation fee is applicable before you decide to cancel.
HarbourSpot may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, HarbourSpot will round an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, HarbourSpot may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for HarbourSpot to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, to ensure that you receive or pay the correct amount.
Some Hosts may promise to donate a portion of the funds they receive from confirmed bookings made through the Website, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Host does in fact make the donation he/she claims to make. In such cases, the Host in question is responsible for his/her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that HarbourSpot must collect an IRS Form W-9 from our U.S. Hosts, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-U.S. Hosts with at least one Listing in the U.S. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. 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 (e.g. where you are a U.S. Host and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Host understand and agree 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 authority any Taxes included or received by you. HarbourSpot cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Host, HarbourSpot may issue a valid VAT invoice to such Host.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Accommodation is located may require Taxes to be collected by Hosts from Guests based on the amount paid for the right to use and/or occupy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions 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 “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, "Occupancy Taxes").
In certain jurisdictions, HarbourSpot 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 HarbourSpot 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 HarbourSpot 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 Tax Authority. When HarbourSpot facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, HarbourSpot will notify existing Hosts with Listings for Accommodations in such jurisdictions. The amount of Occupancy Taxes collected and remitted through facilitation by HarbourSpot, 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 HarbourSpot 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, HarbourSpot 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 Accommodations. For any jurisdiction in which we facilitate collection and remittance of Occupancy Taxes, Hosts and Guests expressly grant HarbourSpot permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions.
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 HarbourSpot 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 HarbourSpot from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
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 are also responsible for the actions and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file with your HarbourSpot Account. HarbourSpot also reserves the right to charge the credit card on file with your HarbourSpot Account, or otherwise collect payment from you and pursue any avenues available to HarbourSpot in this regard, including using Security Deposits, in situations in which you have been determined, in HarbourSpot’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the HarbourSpot Host Guarantee, and in relation to any payments made by HarbourSpot to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to HarbourSpot (if applicable).
Both Guests and Hosts agree to cooperate with and assist HarbourSpot in good faith, and to provide HarbourSpot with such information and take such actions as may be reasonably requested by HarbourSpot, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the HarbourSpot Host Guarantee) or with respect to any investigation made by HarbourSpot or a representative of HarbourSpot regarding use or abuse of the Website, Application or the Services. If you are a Guest, upon HarbourSpot’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or a similar resolution process with a Host, at no cost to you, which process will be conducted by HarbourSpot or a third party selected by HarbourSpot, with respect to losses for which the Host is requesting payment from HarbourSpot under the HarbourSpot Host Guarantee.
If you are a Guest, you understand and agree that HarbourSpot 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 (including, without limitation, amounts paid by HarbourSpot under the HarbourSpot Host Guarantee). You agree to cooperate with and assist HarbourSpot in good faith, and to provide HarbourSpot with such information as may be reasonably requested by HarbourSpot, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as HarbourSpot may reasonably request to assist HarbourSpot in accomplishing the foregoing.
HarbourSpot’s online platform facilitates bookings between Guests and Hosts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the HarbourSpot platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in every given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of U.S. dollars to Euros would be 1.25, and the currency conversion rate from Euros to U.S. dollars would be 0.8. Currency conversion rates will vary over time.
“Display Currency” refers to the currency in which users view Listing prices on the HarbourSpot platform. 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” refers to the currency in which a Guest has to pay for his/her booking. At the time the Guest submits a booking request, the HarbourSpot platform will select the Booking Currency, based on the Guest’s country of origin and the payment methods available for that country. HarbourSpot 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” refers to the currency in which a Listing’s price is set. The Listing Currency is set by the Host. “Payout Currency” refers to the currency in which a Host’s payout will be paid to the Host. The Payout Currency is set by the Host. “Base Exchange Rate” refers to a system-wide rate used by HarbourSpot 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 HarbourSpot. HarbourSpot establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com). “Adjusted Exchange Rate” refers to 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 HarbourSpot for its holding costs and foreign currency risks.
HarbourSpot will process a foreign currency conversion in the following situations:
The Display Currency is different from the Listing Currency when a user views a Listing: HarbourSpot will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of viewing to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied.
The Booking Currency is different from the Listing Currency when a Guest submits a booking request for a Listing: HarbourSpot will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Guest will be able to view the actual exchange rate applied. The Guest Fee, which is a percentage of the applicable Accommodation Fees, will be calculated based on the Accommodation Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied.
The Payout Currency is different from the Listing Currency when HarbourSpot initiates a payout: generally, HarbourSpot will calculate the payout to the Host, by applying the Base Exchange Rate on the date that HarbourSpot initiates the payout to the Accommodation Fees (less HarbourSpot's Host Fees and any Taxes with respect to the Host Fees, such as VAT in Europe) in the Listing Currency. The Host will be able to view the actual exchange rate applied in his or her transaction history on the Website or Application. In some cases where the payout method selected by the Host involves certain third-party payment processors (such as Western Union), (i) HarbourSpot will send the payout amount to the processor in a major currency (e.g. U.S. dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the Host will be able to view the payout amount sent by HarbourSpot in that major currency in his/her transaction history on the Website or Application, and (iii) the processor will calculate the actual payout to the Host by applying its own foreign currency conversion rate for that major currency to the Payout Currency.
When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest.
When you as a Guest submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will 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.
HarbourSpot updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, HarbourSpot 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 HarbourSpot.
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, Services and Collective Content. In connection with your use of the Website, Application, Services and Collective Content, you may not and you agree that you will not:
violate any local, state, provincial, national or other laws or regulations, or any court orders, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website, Application, Services or Collective Content;
use the Website, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted within these Terms;
copy, store or otherwise access any information contained on the Website, Application, Services or Collective Content for purposes not expressly permitted within 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 or Services, 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 or Services 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, Services or Collective Content in connection with the distribution of unsolicited commercial e-mail ("spam") or advertisements unrelated to lodging or mooring on private property;
"stalk" or harass any other user of our Website, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an HarbourSpot Guest or Host;
offer, as a Host, any Accommodation that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Accommodations 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 Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
register for more than one HarbourSpot Account or register for a HarbourSpot Account on behalf of an individual other than yourself;
unless HarbourSpot explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;
contact a Host for any purpose other than asking a question related to a booking, such Host’s Accommodations or Listings;
contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Website, Application and Services;
recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to HarbourSpot, without HarbourSpot’s prior written approval;
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, Services or Collective Content;
use the Website, Application, Services or Collective Content to find a Host or Guest and then complete a booking of an Accommodation independent of the Website, Application or Services, in order to circumvent the obligation to pay any Service Fees related to HarbourSpot’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 honor;
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 or Services 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, Services or Collective Content, or any individual element within the Website, Application, Services or Collective Content, HarbourSpot’s name, any HarbourSpot trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Website, Application or Services, without HarbourSpot’s express written consent;
access, tamper with, or use non-public areas of the Website, Application or Services, HarbourSpot’s computer systems or the technical delivery systems of HarbourSpot’s providers;
attempt to probe, scan, or test the vulnerability of any HarbourSpot system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HarbourSpot or any of HarbourSpot’s providers or any other third party (including another user) to protect the Website, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Website, Services, Application or Collective Content 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, Services, Application or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
HarbourSpot has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
HarbourSpot 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 HarbourSpot or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the HarbourSpot Host Guarantee (see http://harbourspot.com/legal-termsterms), (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of HarbourSpot, its users, or members of the public. You acknowledge that HarbourSpot has no obligation to monitor your access to or use of the Website, Application, Services or Collective Content 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 and Services (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. HarbourSpot reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that HarbourSpot, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website, Application or Services.
The Website, Application, Services and Collective Content are protected by copyright, trademark and other laws of the United States and foreign countries. You acknowledge and agree that the Website, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of HarbourSpot 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, Services or Collective Content.
As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking through the Website, Application and Services, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend that you refer to HarbourSpot for which a Qualifying Referral (defined below) is completed, you may be able to receive HarbourSpot Travel Credits (defined below) (each a “Referral Reward”). “HarbourSpot Travel Credits” are “points” issued by HarbourSpot that may be applied as credits toward future confirmed bookings made by Members through the Website, Application and Services.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your HarbourSpot Account on the Website or Application and select either the “Invite Friends” or “E-mail Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated through the Services, by sending the unique referral link generated through the Services in an e-mail via the Services to your friends, or by using the other tools provided by HarbourSpot to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the e-mail must create a HarbourSpot Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of an Accommodation which is confirmed by the applicable Host or create a Listing which subsequently receives a confirmed booking through the Services with a Total Value (excluding any cleaning fees) of at least seventy-five euro (€75) (or its equivalent in your local currency if HarbourSpot supports it) that is not subsequently cancelled. Please note that you may not be the Host or the Guest for the booking to receive a Referral Reward.
It is a condition of the Referral Program that you will circulate or share the unique referral link only to your personal friends. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or through methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends. All new HarbourSpot Accounts and confirmed booking requests resulting from a breach of the above will be disregarded for determining eligibility for Qualifying Referral and are not eligible for Referral Rewards.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your HarbourSpot Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed on your HarbourSpot Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your HarbourSpot Account. Referral Rewards accrued with multiple HarbourSpot Accounts may not be combined into one HarbourSpot Account. You may not earn Referral Rewards by creating multiple HarbourSpot Accounts. By acquiring Referral Rewards, you agree and acknowledge that HarbourSpot is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their HarbourSpot Accounts.
HarbourSpot may suspend or terminate the Referral Program or your participation in the Referral Program at any time for any reason. HarbourSpot will not grant any further Referral Rewards after the suspension or termination of the Referral Program or your participation in it, but any Referral Rewards already awarded or received will not be affected by the suspension or termination.
HarbourSpot Travel Credits may only be redeemed for confirmed bookings through the Website, Application and Services and after you accrue HarbourSpot Travel Credits, such HarbourSpot Travel Credits will automatically be applied to your next confirmed booking made through the Website, Application and Services. HarbourSpot Travel Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem HarbourSpot Travel Credits after the HarbourSpot Travel Credits are reflected in your HarbourSpot Account. The scope, variety and type of services and products that you may obtain by redeeming HarbourSpot Travel Credits can change at any time.
HarbourSpot Travel Credits expire three (3) years from the date that any HarbourSpot Travel Credits are last accrued in your HarbourSpot Account. HarbourSpot will notify you at the e-mail address you provided during Account registration within thirty (30) days of when the HarbourSpot Travel Credits in your HarbourSpot Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of HarbourSpot Travel Credits, please contact us at email@example.com. HarbourSpot 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 HarbourSpot’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of HarbourSpot Travel Credits. Where applicable, HarbourSpot may be required to account for VAT on any services for which the HarbourSpot Travel Credits are redeemed.
Without limiting any other terms of these Terms and subject to applicable law, all HarbourSpot Travel Credits are forfeited if your HarbourSpot Account is terminated or suspended for any reason, in HarbourSpot’s sole discretion, or if HarbourSpot discontinues providing the Website, Application, Services or the Referral Program.
Subject to your compliance with these Terms, HarbourSpot grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. HarbourSpot reserves all rights in the Application not expressly granted to you by these Terms.
Subject to your compliance with the terms and conditions of these Terms, HarbourSpot grants you a limited, non-exclusive, non-transferable license, to access and view any HarbourSpot Content solely for your personal and non-commercial purposes and 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, Services or Collective Content, except as expressly permitted within these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HarbourSpot or its licensors, except for the licenses and rights expressly granted within these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Website, Application and Services, you hereby grant to HarbourSpot 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 and Services. HarbourSpot 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 and Services. 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 and Services or you have all rights, licenses, consents and releases that are necessary to grant to HarbourSpot the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or HarbourSpot’s use of the Member Content (or any portion thereof) on, through or by means of the Website, Application and the Services 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.
The Website, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that HarbourSpot is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HarbourSpot of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of HarbourSpot used herein are trademarks or registered trademarks of HarbourSpot. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We appreciate and encourage users to provide feedback, comments and suggestions for improvements to the Website, Application and Services (“Feedback”). You may submit Feedback by e-mailing us at firstname.lastname@example.org or through the “Contact” feature of the Website and Application http://harbourspot.com/contact-us. You acknowledge and agree that all Feedback will be the sole and exclusive property of HarbourSpot and you hereby irrevocably assign to HarbourSpot and agree to irrevocably assign to HarbourSpot all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At HarbourSpot’s request and expense, you will execute documents and take such further actions as HarbourSpot may reasonably request to assist HarbourSpot to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
HarbourSpot respects copyright law and expects its users to do the same. It is HarbourSpot’s policy to terminate, in appropriate circumstances, the HarbourSpot Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see HarbourSpot’s Copyright Policy athttp://harbourspot.com/legal-terms.
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 HarbourSpot 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 HarbourSpot Account may be deactivated or suspended, your password may be disabled, and you may not be able to access the Website, Application, Services, your HarbourSpot Account, your Member Content, or receive assistance from HarbourSpot Customer Service, (b) any pending or accepted future bookings as either Host or Guest may 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 or all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Accommodations with other Hosts that may be available on the Website, Application and Services, and (f) you may 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 HarbourSpot Account. You may cancel your HarbourSpot Account at any time by means of the “Cancel Account” feature of the Services or by sending an e-mail to email@example.com. Please note that if your HarbourSpot Account is cancelled, we do not have any obligation to delete or return to you any Content you have posted to the Website, Application and Services, including, but not limited to, any reviews or Feedback.
If you choose to use the Website, Application, Services or Collective Content and participate in the referral program, you do so at your sole risk. You acknowledge and agree that HarbourSpot does not have an obligation to conduct background checks on any Member, including, but not limited to, Guests and Hosts, but may conduct such background checks in its sole discretion. The Website, Application, Services, Collective Content and referral program are provided “as is”, without warranty of any kind, either express or implied. without limiting the foregoing, HarbourSpot explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. HarbourSpot makes no warranty that the Website, Application, Services, Collective Content, including but not limited to, the Listings, Accommodations or the referral program will meet your requirements or be available on an uninterrupted, secure or error-free basis. HarbourSpot makes no warranty regarding the quality of any Listings, Accommodations, your accrual of HarbourSpot travel credits, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Website, Application, Services or Referral Program.
No advice or information, whether oral or written, obtained from HarbourSpot or through the Website, Application, Services 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 or Services and with other persons with whom you communicate or interact as a result of your use of the Website, Application or Services, including but not limited to, any Hosts or Guests. You understand that HarbourSpot does not make any attempt to verify the statements of users of the Website, Application or Services or to review or visit any Accommodations.HarbourSpot makes no representations or warranties as to the conduct of users of the Website, Application or Services or their compatibility with any current or future users of the Website, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Website, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Website, Application or Services, including but not limited to, Guests and Hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by HarbourSpot. Notwithstanding HarbourSpot’s appointment as the limited payment collection agent of the Hosts for the purpose of accepting payments from Guests on behalf of the Hosts, HarbourSpot explicitly disclaims all liability for any action or omission of any Guest or other third party.
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, Services and Collective Content, your Listing or booking of any Accommodations through the Website, Application and Services, your participation in the Referral Program, and any contact you have with other users of HarbourSpot, whether in person or online, remains with you. Neither HarbourSpot nor any other party involved in creating, producing or delivering the Website, Application, 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, Services or Collective Content, from any communications, interactions or meetings with other users of the Website, Application, or Services or other persons with whom you communicate or interact as a result of your use of the Website, Application, Services, or your participation in the Referral Program or from your Listing or booking of any Accommodation through the Website, Application and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not HarbourSpot has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Hosts pursuant to these terms or an approved payment request under the HarbourSpot Host Guarantee, in no event will HarbourSpot’s aggregate liability arising out of or in connection with these terms and your use of the Website, Application and Services including, but not limited to, from your Listing or booking of any Accommodation through the Website, Application and Services, or from the use of or inability to use the Website, Application, 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 through the Website, Application and 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 HarbourSpot to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the agreement between HarbourSpot and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify and hold HarbourSpot 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, Services, 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 a Accommodation; and (e) your participation in the Referral Program or your accrual of any HarbourSpot Travel Credits.
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
You acknowledge and agree that (i) these Terms are concluded between you and HarbourSpot only, and not Apple, and (ii) HarbourSpot, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between HarbourSpot and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of HarbourSpot.
You and HarbourSpot acknowledge that, as between HarbourSpot and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and HarbourSpot acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between HarbourSpot and Apple, HarbourSpot, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and HarbourSpot acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
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 behavior, (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 HarbourSpot by contacting us with your police station and report number at firstname.lastname@example.org; 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.
These Terms constitute the entire and exclusive understanding and agreement between HarbourSpot and you regarding the Website, Application, Services, Collective Content, Referral Program and any bookings or Listings of Accommodations made through the Website, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HarbourSpot and you regarding bookings or Listings of Accommodations, the Website, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without HarbourSpot’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HarbourSpot may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by HarbourSpot via e-mail (in each case to the address that you provide) or by posting to the Website or through the Application. For notices sent by e-mail, the date of receipt will be deemed the date upon which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of Malta, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in Malta for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and HarbourSpot agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Website or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and HarbourSpot are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and HarbourSpot otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
If you have any questions or concerns related to these Terms or any App Store Sourced Application, please contact HarbourSpot at email@example.com.
HarbourSpot (“HarbourSpot”, “we”, “us” or “our) manages a platform and an open marketplace that helps people form lasting offline relationships and real experiences and relationships directly with others, where they can create, post, discover and book accommodations throughout the world, whether through our Website or our Application (“Platform”). HarbourSpot refers to HarbourSpot Limited.
“Aggregated information” refers to information about all of our users or specific groups or categories of users that we combine together and which does not include the users’ Personal Information.
"Data Controller" refers to HarbourSpot, the company responsible for the use of and processing of Personal Information.
"Personal Information" refers to information relating to a living individual who is or can be identified either by that information or from that information together with other information that can be found in, or is likely to come into, the possession of the Data Controller.
WHAT TYPES OF INFORMATION DOES HARBOURSPOT GATHER ABOUT ITS USERS?
1. Information that you provide us
We collect, store and process the information that you provide us with when accessing or using our Platform. Examples include when you:
1. fill in any form on the Platform, such as when you register or update your user account details;
2. access or use the Platform, such as to search for or post Accommodations, make or accept bookings, pay for Accommodations, book or pay for any associated services that may be available (such as but not limited to cleaning), post comments or reviews, or communicate with other users;
3. link your account to a third party site (e.g., Facebook) to your HarbourSpot account, in which case we will obtain the Personal Information that you provided to the third party site, to the extent enabled by your settings with the third party site and authorized by you; and
4. communicate with HarbourSpot.
2. Mobile Data
When using certain features on the Platform, in particular our mobile Applications, we may collect, store and process different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Platform or specific features of the platform). If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, the GPS or other location-tracking functions can be disabled, provided your device allows you to do this. Refer to your device manufacturer’s instructions for further details.
3. Log Data
We may also collect, store and process Log Data, which is information automatically recorded by our servers whenever you access or use the Platform, regardless of whether you are registered with HarbourSpot or logged into your HarbourSpot account, such as your IP Address, the date and time when you access or use the Platform, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, as well as the amount of time spent on particular pages.
4. Cookies, and other Tracking Technologies
While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for HarbourSpot services at third party platforms, such as search engines and social networks, and may use analytics to track your activities in response to those advertisements.
5. Third-party social plugins
Our Platform may use social plugins, widgets and other features that are provided and managed by third-party companies, such as Facebook’s Like Button.
As a result of this, it is possible to send the information that you are viewing on a certain part of our Platform to the third-party company. If you are not logged into your account with the third-party company, then the third party may not know your identity. If you are logged into your account with the third-party company, then the third party may be able to link information about your activity on our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the third party.
If you do not wish to link any information collected via the plugins, widgets and/or other features with your personal social network account information, you should refrain from using these social functionalities and log-out from your social network account before accessing your HarbourSpot account.
HOW HARBOURSPOT USES AND PROCESSES THE PERSONAL INFORMATION YOU PROVIDE OR MAKE AVAILABLE
We use and process Personal Information for the following general purposes:
1. to enable you to access and use the Platform;
2. to operate, protect, improve and optimize the Platform, HarbourSpot’s business, and our users’ experience, such as by performing analytics, conducting research and for advertising and marketing;
3. to help create and maintain a reliable and safe environment on the Platform through activities such as fraud detection and prevention, conducting investigations and risk assessments, verifying the address of your Listings, verifying any forms of identification provided by you, and conducting checks against databases such as public government databases;
4. to send you service, support and administrative messages, reminders, technical notices, updates, security alerts and information you have requested;
5. when we have your consent, to send you marketing and promotional messages and other information that may be of interest to you, including information sent on behalf of our partners which we think you might find interesting. You will be able to unsubscribe or opt-out from receiving these communications in your settings (in the “Account” section) when you login to your HarbourSpot account;
6. to administer rewards, surveys, sweepstakes, contests or other promotional activities or events sponsored or managed by HarbourSpot or our partners; and
7. to comply with our legal obligations, resolve any disputes that we may have with any of our users and to enforce our agreements with third parties.
HOW HARBOURSPOT USES AND PROCESSES USER COMMUNICATIONS
We may review, scan or analyze your communications with other users exchanged through the Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the Platform may scan and analyze messages to mask contact information and references to other websites. This helps prevent fraudulent actors from requesting money from Guests outside of the Platform, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help improve search capabilities, booking activities and user communications, as well as to debug product offerings.
We will not review, scan, or analyze your communications for sending third party marketing messages to you. We will not sell these reviews or analyses of communications to third parties. We will use automated methods to carry out these reviews or analyses when reasonably possible. However, we might occasionally need to manually review some communications. By using the Platform, you consent that HarbourSpot, in its sole discretion, may review, scan, analyze and store your communications, whether it be done manually or through automated means.
WHEN HARBOURSPOT DISCLOSES OR SHARES PERSONAL INFORMATION, AND TO WHOM
We may transfer, store, use and process your information, including any Personal Information collected, to countries outside of the European Economic Area ("EEA") including the United States. Please note that laws vary in different jurisdictions and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable in your country or residency.
If you are located in the EEA or in Switzerland, please also see our Safe Harbor Notice.
Your Personal Information may be disclosed as follows:
1. Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Platform visible to other users for marketing purposes.
2. Your public Listing page will always include some minimal amount of information such as the city and neighborhood where the Accommodation is located, your public profile photo and your responsiveness in replying to Guests’ requests. Parts of your public Listing page may be displayed in other parts of the Platform to other users for marketing purposes. The Platform may also display the Accommodation’s approximate geographic location on a map, such that a user can see the general area surrounding the Accommodation.
3. The Platform enables your public profile and public Listing pages to be included in search engines, in which case your public profile and public Listing pages will be indexed by search engines and may be published as search results. This option is enabled by default, and you may opt out of this feature by changing your settings accordingly on the Platform. If you change your settings or the information on your public profile or public Listing pages, third-party search engines may not update their databases quickly or at all. We do not control the practices of third-party search engines and they might use caches containing outdated information including any information indexed by the search engine before you changed your settings or the information on your public profile or public Listing pages.
4. When you submit a request to book an Accommodation, your full name will become visible to the Host. Additionally, if you agree that the Host can contact you by phone when submitting your request and the Host decides to do so, HarbourSpot will call your phone number first, before putting you in contact with the Host. We will not share your phone number unless there is a confirmed booking.
5. When your booking request for an Accommodation is accepted by the Host or when you accept a Guest’s request to book your Accommodation, we will disclose some of your Personal Information to the Host or Guest. Your billing information, however, will never be shared with another user.
6. After a Guest stays at your Accommodation or you stay at a Host’s Accommodation, we will ask you to review the Guest or the Accommodation. If you decide to provide a review, your review may be visible to the public on the Platform.
7. You may link your HarbourSpot account to your accounts on third party social networking sites. In this manner you will choose to share information between your HarbourSpot account and some of your social network accounts (such as Facebook account). Through this option, you may choose to have personal information transmitted and shared through your HarbourSpot account with your other social network account(s).
When you set your HarbourSpot account to integrate with social networks including by signing on to your HarbourSpot account through your social network account, you will be sharing information (including personal information), between the HarbourSpot account and the integrated social network account(s).
The first time you connect to the social network account through your HarbourSpot account, or when you first request that the HarbourSpot account interacts with your social network account, you will be asked to permit the social network to share your personal information stored on such social network with HarbourSpot. We collect your information from your social network account only in accordance with your privacy settings you have set up under your social network accounts.
It is also important to note that, when you choose to integrate your HarbourSpot account with your social network account, your HarbourSpot activity might become visible to your social network contracts (hereinafter “Friends”).
Furthermore, when you choose to integrate your HarbourSpot account with your social network account:
8. We may distribute parts of the Platform (including your Listing) for display on sites operated by HarbourSpot’s partners, using technologies such as HTML widgets. If and when your Listings are displayed on a partner’s site, information from your public profile page may also be visible.
10. We may charge third party companies and individuals, who may be located outside of the EEA, to provide services to us, with tasks to help verify your identification or to conduct checks against databases such as public government databases (where legally allowed). We may provide Personal Information about you to these third parties or give them access to this Personal Information for the limited purpose of enabling them to provide these services. We will ensure that such third parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes.
11. You acknowledge, consent and agree that HarbourSpot can access, preserve and disclose your account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against HarbourSpot; (b) to comply with legal processes (for example, subpoenas and warrants); (c) to enforce our agreements with users, such as the Legal Terms , and in order to respond to damage claims; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of HarbourSpot, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless prohibited by law or by the government request or unless doing so would be futile.
We may also publish, disclose and use Aggregated Information and non-personal information for industry analysis, demographic profiling, marketing and advertising activities, and other business purposes.
BUSINESS TRANSFERS BY HARBOURSPOT
HOW TO CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR HARBOURSPOT ACCOUNT
You can review, update, correct or delete the Personal Information in your HarbourSpot account by logging into your account. If you would like to cancel your HarbourSpot account altogether, you can do this by logging into your account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be visible to users on the Platform in association with your first name, even after your HarbourSpot account is cancelled.
KEEPING YOUR PERSONAL INFORMATION SECURE
We have implemented reasonable administrative, technical, organizational and physical security measures to protect your Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access of your information.
YOUR PRIVACY WHEN ACCESSING THIRD-PARTY WEBSITES AND RESOURCES
SPECIAL FEATURES AND PROGRAMS
Referral service and requesting for references
The Platform provides a referral service that enables you to invite your friends and contacts to use the Platform. The Platform also enables you to ask your friends and contacts to write a reference for you, to be published on your HarbourSpot profile.
We may integrate the Platform with third party sites such as Facebook, to make it possible for you to send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and HarbourSpot does not collect or retain the contact information that is used to send them.
You may also send invitation/request e-mails through the Platform itself; in this case we will ask you for the e-mail addresses to send these e-mails to. You can type in the e-mail addresses manually, or you can request that HarbourSpot imports the contacts in your e-mail account address book(s). In both cases, we will use the information sent to us for the sole purpose of sending your friends and contacts a one-time e-mail, inviting him/her to visit the Platform or to write a reference for you. With respect to referrals, we will also store the e-mail addresses of your invitees in order to track if your friend joins HarbourSpot in response to your referral.
If you request that HarbourSpot import your contacts, we will collect, but not store, the username and password for the e-mail account you wish to import your contacts from. We will use this information only for the purpose of importing your contacts.
SEND US YOUR FEEDBACK
FOR USERS RESIDING IN THE EU ONLY: YOUR RIGHTS TO REVIEW AND UPDATE INFORMATION
If you reside in the EU, you may request (in writing) copies of your Personal Information that we hold. We will provide you with a copy of the Personal Information held by us as soon as possible and, in any case, not more than 40 days after the request in writing. There may be a charge to access your personal data (which will not exceed €6.35 in Ireland and £10 in the United Kingdom). We may also request proof of identification to verify your access request. All requests should be addressed to our Data Protection Compliance Officer at the HarbourSpot office: Skyway Office, Suite 8 Block C, 179 Marina Seafront, Pieta’ PTA 9042, Malta.
We aim to keep your information accurate, complete and current. If your Personal Information that we hold is inaccurate, please contact us and we will make the necessary amendments, erase or block the relevant information and notify you within 40 days of your request that appropriate action has been taken.
You may also request to erase your personal data if you believe we are otherwise in breach of relevant data protection legislation. You can also object to the processing of your personal data being processed for the purposes of direct marketing. All requests should be addressed to our Data Protection Compliance Officer, Data Protection Compliance Officer at the HarbourSpot office: Skyway Office, Suite 8 Block C, 179 Marina Seafront, Pieta’ PTA 9042, Malta. There is no charge for making this type of request.
HarbourSpot uses "cookies" in conjunction with the Platform in order to obtain information. A cookie is a small data file that is transferred to your device (e.g., your phone, tablet or computer) for record-keeping purposes. For example, a cookie may allow the Platform to recognize your browser, while another may store your preferences and other information.
Your browser may allow you to set how it manages cookies, such as declining all cookies or asking you whether to accept each cookie. Please note that some parts of the Platform may not work as intended or may not work at all without cookies.
HarbourSpot cookies and third party cookies
We may also allow our partners to place cookies on your device. For example, we use Google Analytics for web analytics, and therefore, Google may also place cookies on your device. As explained below, third parties may also place cookies on your device for advertising purposes.
There are two types of cookies used on the Platform, namely “persistent cookies” and “session cookies”.
Session cookies will usually expire when you close your browser; persistent cookies will remain on your device after your browser is closed and can be used again the next time you access the Platform.
The Platform may also use other technologies that function in a similar way to cookies, such as web beacons and tracking URLs to obtain Log Data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a particular message or accessed a particular link.
Uses for HarbourSpot cookies
1. to enable, facilitate and streamline Platform functioning across different webpages and browser sessions;
2. to simplify and streamline your access to and use of the Platform;
3. to monitor and analyze the performance, operation and effectiveness of the Platform, in order to improve and optimize it;
4. to show you content (which may include advertisements) that is relevant to you and your interests.
Uses for third party cookies
Additionally, Facebook places a cookie via the Platform that enables Facebook to obtain aggregated, non-Personal Information in order to optimize their services. For example, if a user clicks on an advertisement for the HarbourSpot mobile app on Facebook and subsequently installs the app, this cookie will inform Facebook that a user (who is not personally identified) has installed the app after clicking on the advertisement. This cookie may also inform Facebook that a user is using the app, without identifying the user’s specific activities in the app.
Most browsers automatically accept cookies, but you can modify your browser settings to decline cookies by visiting the Help section on your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize or use some of the interactive features on the Platform. Flash cookies operate differently than browser cookies, and cookie management tools provided by a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website (http://www.adobe.com/) and make changes at the Global Privacy Settings Panel (http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager02.html).
These terms and conditions govern the HarbourSpot Guest Refund Policy (the “Guest Refund Policy”) for Guests who book and pay for an Accommodation listed by a Host through the HarbourSpot platform (the "Website") and suffer a Travel Issue and the obligations of the Host associated with the Guest Refund Policy.
A “Travel Issue” refers to any one of the following:
If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Website, as determined by HarbourSpot depending on the nature of the Travel Issue experienced or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your reservation which in our determination is reasonably comparable to the Accommodation described in your original reservation in terms of size, cabins, features and quality. All determinations of HarbourSpot with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding for the Guests and Hosts.
Only a Guest can submit a claim for a Travel Issue. If you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you must meet each of the following conditions:
If you are a Host, you are responsible for ensuring that the Accommodations you list on the Website meet the minimum quality standards regarding access, adequacy of the description on the Website, safety, cleanliness and that you not present a Guest with Travel Issues. During the 24-hour period following the Guest’s check-in, Hosts should be available, or make a third party available, in order to try, in good faith, to resolve Guest issues.
If you are a Host, and if (i) HarbourSpot determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) HarbourSpot either reimburses that Guest any amount up to the amount paid by the Guest through the Website for the Accommodation or provides an alternative Accommodation to the Guest, you agree to reimburse HarbourSpot up to the amount paid by HarbourSpot within 30 days of HarbourSpot’s request. All determinations by HarbourSpot with regard to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding for the Guests and Hosts. You also agree that in order for you to reimburse HarbourSpot up to the amount paid by HarbourSpot, HarbourSpot may off-set or reduce any amounts owed by HarbourSpot to you by this amount. If the Guest remains for part or all of the stay despite the Travel Issue, the Guest will receive a refund that will reduce the amount of the Accommodation Fees ultimately paid to you. If the Guest is relocated to an alternative Accommodation, you may lose part or all of the Accommodation Fee for the booking and you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Accommodation.
The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host. You agree that all determinations by HarbourSpot with regard to the Travel Issue shall be final and binding for the Guests and Hosts regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, HarbourSpot, in its discretion, may elect to take additional actions. These actions include, but are not limited to, lowering the rank of your Listing, adding automated reviews indicating Travel Issues, canceling future bookings, suspending or removing the Listing of the Accommodation or imposing penalties or fees for the administrative burden associated with the Travel Issues.
If you have any questions or concerns about the Guest Refund Policy, please contact HarbourSpot athttp://harbourspot.com/contact-us
HarbourSpot LTD (“we”) recognizes that the European Community has established a data protection regime pursuant to Directive 95/46/EC (the “directive”). The directive applies to the European Economic Area (“EEA”). Switzerland has also established a data protection regime pursuant to the Federal Act on Data Protection (“FADP”). These regimes restrict companies in the EEA and Switzerland (collectively, “EEA/CH”) from transferring personal data about individuals in the EEA/CH to the United States, unless there is “adequate protection” for such personal data when it is collected in the United States.
To create said “adequate protection” and allow its subsidiaries and partners to overcome the restriction on international data transfers established by the directive and the FADP, HarbourSpot LTD adheres to the Safe Harbour Privacy Principles published by US Department of Commerce (“Safe Harbour Principles”) with regard to personal data about individuals in the EEA/CH that subsidiaries, customers and other business partners in the EEA/CH send to HarbourSpot LTD (“EEA/CH data”). More information on the Safe Harbour Principles and HarbourSpot LTD’s scope of participation is provided athttp://export.gov/safeharbor/.
This notice applies to EEA/CH data relating to data subjects residing in the EEA/CH (“EEA/CH Persons”) HarbourSpot LTD collects from affiliated and unaffiliated companies, customers (including Guests and Hosts) and partners, through our Website. This notice does not apply to personal data that we receive in the context of employment with HarbourSpot LTD, or one of our subsidiaries; separate notices address such excepted situations. The English language version of this notice constitutes the operative version of this notice, and any translated versions are provided for the sake of convenience.
We receive certain information from users of our platform, including current and former Hosts, Guests and members of the public who may search our platform, and from representatives of HarbourSpot LTD’s corporate business partners, such as service providers, vendors and suppliers. Such EEA/CH data includes, without limitation, names, addresses, phone numbers, e-mail addresses, Internet addresses and any other personal data that is affirmatively provided to HarbourSpot LTD so as to provide the platform or manage our business relationships.
We collect and use EEA data for purpose of providing the platform to our users, transmitting e-mails and executing other marketing activities, and conducting related tasks for legitimate business purposes.
We share EEA/CH data with our subsidiaries, affiliates and suppliers. We also share EEA/CH data with other third parties as instructed by us and in order to comply with our binding contracts and as required or permitted by law. With respect to marketing e-mails from HarbourSpot LTD, EEA/CH persons may opt-out by submitting an e-mail request toinfo@HarbourSpot.com with “Opt-Out” in the subject line, or by following opt-out instructions that are contained in every marketing e-mail. EEA/CH persons may also send an e-mail to this address to ask to opt-out of disclosures to third parties, but such a limitation on data sharing may make it difficult or impossible for HarbourSpot LTD to provide services. We may also disclose EEA/CH data if it is legally required or permitted by law and we have a legitimate business interest in such disclosure.
EEA/CH persons whose EEA/CH data HarbourSpot LTD holds as a data controller may request access to, and the opportunity to update, correct or delete some or all of the EEA/CH data that HarbourSpot LTD holds about them. To submit such requests or raise any other concerns, please contact the HarbourSpot LTD Safe Harbour Contact as described below. HarbourSpot LTD reserves the right to take appropriate steps to authenticate the applicant’s identity, charge an adequate fee before allowing access or denying requests, except as required by the Safe Harbour Principles.
Please e-mail any comments or questions regarding our safe harbour compliance to info@HarbourSpot.com If you have a comment or question that cannot be resolved with HarbourSpot LTD directly, you may contact the competent local data protection authority in your EEA/CH member state if it falls within the scope of this notice.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
HarbourSpot LTD ("HarbourSpot") respects the intellectual property rights of others and expects its users to do the same.
It is HarbourSpot’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
HarbourSpot will respond expeditiously to claims of copyright infringement committed using the HarbourSpot website and mobile application (the "Website and Application") that are reported to HarbourSpot in accordance with this copyright policy.
If you are a copyright owner, or are authorized to act on behalf of one, please report any alleged copyright infringements that are found on or through the site and application by completing the following notice of alleged infringement and send it to HarbourSpot as directed below.
Upon receipt of the notice as directed below, HarbourSpot will take whatever action, in its sole discretion, that it deems appropriate, including removal of the material in question from the site and application.
NOTICE OF ALLEGED INFRINGEMENT ("NOTICE")
1. Identify the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by this Notice, provide a comprehensive list of the copyrighted work that you claim has been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit us to locate the material, including at least, if applicable, the URL of the link shown on the site and application where such material can be found.
3. Provide your mailing address, telephone number and, if available, e-mail address.
4. Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to HarbourSpot:
Skyway Offices, Block C, Suite 8
179 Marina Seafront
Pietà - PTA 9042