OIKO Host Terms
1. These terms and conditions for Hosts (the “HostTerms”, or “Agreement”) apply to you if you supply a Property to the Platform for Renting by a Guest, and are part of the Contract in addition to the Conditions accessible here: https://oikoliving.com/termsandconditions, and accordingly (for the avoidance of doubt):
1.1. all terms found herein that have been defined in the Conditions shall take the meaning given in the Conditions, unless defined herein; and
1.2. all terms found herein that have been defined in the Guest Terms shall take the meaning given in Guest Terms, unless defined herein.
2. Definitions.
“Accepted Booking”
means a Booking Request that has been explicitly accepted by you by clicking the ‘Accept booking’ button and is now confirmed;
“Account Plan”
means the subscription plan you have joined, all of which are described here: https://oikoliving.com;
“Accommodation”, or “Listing” (as applicable)
means Property you have the legal right to supply to the Platform and Rent to a Guest;
“Booking Rules”
means the rules that you define for each Listing, including check-in instructions, minimum stay, weekly and monthly rates, and discounts, including longer stay discounts, seasonal price adjustments, early bird, and last minute discounts;
“Calendar”
means the Platform calendar for each Listing, which shows available and not available Properties on each day;
“Cancelled Booking”
means a Confirmed Booking that has been explicitly cancelled by you or the Guest by completing the ‘Cancel Booking’ steps accessible here https://host.oikoliving.com;
“Commission”
means:
(a) one-time payments that you make to us for various services and recurring payments that you make to us for subscription-based services, which are automatically collected by us at regular intervals; and
(b) Cancellation Fees – which means the fees that you agree to pay Oiko if you cancel a Confirmed Booking, as further detailed in clause 7.7.4(a);
“Content”
means the content, pictures, text descriptions, video, pricing, and other data provided by you via the Platform or otherwise to represent Accommodation that you make available for the Property Page;
“Declined Booking”
means a Booking Request that has been explicitly declined by you by clicking the ‘Reject Booking’ button and is therefore cancelled;
“Guest Cancellation Policy”
“Guest Payment”
means the money paid by a Guest for Fees of a Property, and received by the Payment Provider (or directly by the Host, as applicable); and collectively “Guest Payments”;
“Host Payment”
means with respect to each Guest Payment, payment of the funds that result from subtracting the Commission from the GuestPayment, to your nominated Host Payment Method;
“Host Payment Method”
means the details of your bank account or another supported financial account to which we transfer your Host Payment;
“Instant Booking”
means the status of a Listing that does not require your explicit acceptance of the Booking made by a Guest before it is confirmed;
“Submit”
means the action undertaken by you to make your Listing available to Renters on the Property Page of a Listing on the Platform;
“Services”
means the services available on the Site if you are a Host and are using the Site to supply Properties to Rent to
Guests.
3. Registration.
3.1. You are entitled to Register for an Account to list Properties for Rent, it being understood that you must complete all the steps for Registration, including without limitation verification of your name, email address, identification document (ID), and mobile phone number.
3.2. You shall:
3.2.1. ensure that your Account details and profile are correct and up to date;
3.2.2. ensure that your Listings details are correct and up to date;
3.2.3. ensure that your Listings provide a true and accurate representation of your Accommodation;
3.2.4. ensure that your Listing rates are set correctly; and
3.2.5. ensure that your Calendars are always up to date;
respond to pre-Booking inquiries from potential Renters in a timely manner, and within a maximum of 24 hours
3.2.6. ;
3.2.7. if your Listing is temporarily or permanently unavailable, or you are not accepting Bookings for a specific time period, disable the Listing or block the applicable period in the Calendar;
3.2.8. approve Booking Requests if one or more of your Listings is listed with a Request Booking;
3.2.9. resolve double Bookings to the Guest’s satisfaction;
3.2.10. contact Renters before check-in date to advise of check-in procedures;
3.2.11. validate each Guest's identity at check-in, and in the event of an inability to validate the identity of a Guest(“Validation Error”), you must report the Validation Error to Oiko within 24 hours of a Guest's arrival, it being understood that a Host Payment cannot be guaranteed if a Guest's identity is not validated upon arrival and a complaint or chargeback is received;
3.2.12. resolve post-check-in issues, including complaints by the Guest about Accommodation quality;
3.2.13. agree to provide your Accommodation according to the Contract, including the Guest Terms and Host Terms and not to provide terms to Renters that conflict with the Contract;
3.2.14. resolve issues brought about by the failure by either you or the Guest to fulfill the provisions of this Contract;
3.2.15. report problems to us that you encounter during the Guest’s stay or no later than 24 hours after the Guestmoves out of the Property by contacting hello@oikoliving.com; and
3.2.16. provide proof of your identity and legal right to advertise and offer for Booking any Accommodation described on the Property Page of the Platform.
4. Accommodation Listings.
4.1. Intellectual Property.
4.1.1. All Content you supply for a Listing hereunder must comply with all laws and regulations relating to Intellectual Property Rights, so that Content will not breach the Intellectual Property Rights of Oiko or any third party.
4.1.2. Oiko retains the right to remove without notice or compensation any Listing that is found or believed to be in breach of the Intellectual Property Rights of Oiko or any third party.
4.1.3. In the event you upload Content to which you do not own the Intellectual Property Rights, you agree to reimburse Oiko any costs and expenses for settling claims that may arise as a result.
4.2. Listing Accuracy.
4.2.1. Content must as far as possible accurately reflect the nature of the Property in regards to descriptions, photos, amenities, and any other information about the Property that may influence a Guest’s Booking decision or experience at the Property.
4.2.2. Upon the Guest’s arrival, the Property must as far as possible reflect the Content on the Property Page as it was made at the time of Booking.
4.2.3. Any significant changes to Content (for example, renovations or alterations, or the temporary or permanent addition or removal of facilities or amenities) must be communicated to and agreed with the Guest in writing including without limitation email in advance.
4.2.4. Oiko reserves the right at any time and without prior notice to cancel Bookings, withhold payment and/or remove Listings that are believed to have violated this clause 4. In such cases, you agree to pay our cancellation fees and/or Guest compensation applicable to Bookings cancelled by Oiko due to listing inaccuracies, which are available upon request.
5. Account Plans.
5.1. To meet the needs of different Users, Oiko may offer customized Account Plans with some Hosts, in the discretion of Oiko (each a “Customized Arrangement”, and collectively “Customized Arrangements”).
5.2. Users with Customized Arrangements remain subject to these Host Terms and the rest of the Contract, it being understood that Custom Pricing Agreement terms may include but are not limited to:
5.2.1. alterations to Fees;
5.2.2. Host Payment terms; and
5.2.3. the inclusion or use of other services or features.
6. Rent Commission. Oiko shall collect Rent Commission as detailed in the Rental Agreement.
7. Management of Bookings.
7.1. It is your responsibility to manage Bookings, and you understand and agree that Oiko does not act as an insurer or as your contracting agent.
7.2. If a Guest rents your Accommodation, any Rental Agreement you enter into with such Guest is between you and the Guest, and Oiko is not a party to it.
7.3. The moment that a Booking is confirmed, either at the point of you click on ‘Book Now’ on the Platform, or after your Check Availability request is accepted by the Host, and Accepted by you (“Confirmed”), an agreement is concluded between you and the Guest implementing your obligations and those of the Guest as between you andthe Guest; you and us; and you and the Users, as detailed in this Contract, including the Guest Terms and the HostTerms.
When a Booking is confirmed, you agree that Oiko will receive the Rent Commission from the Guest as specified in this Contract
7.4. .
7.5. You agree to pay any Commission in accordance with these Host Terms, it being understood that time is of the essence.
7.6. The terms for each Booking, such as available dates, check-in days, minimum and maximum stay, the maximum number of renters allowed, discounts, advance notice, cancellation policy, and extra fees, are based upon the information defined in your Content on the Property Page by you at the time the applicable Confirmed Booking is created, and the Confirmed Booking shall be part of the Rental Agreement between you and the Guest, it being understood that no adjustment to a Confirmed Booking may be made after it has been created.
7.7. Accepting and Declining Bookings.
7.7.1. If you have chosen Instant Booking for a Listing, Bookings are automatically confirmed by the Platform as long as your Calendar has availability, Booking Rules are fulfilled, and the Guest details and payment are valid.
7.7.2. If you have chosen ‘Check Availability’ for a Listing, Bookings are confirmed within 24 hours of the Booking Request being submitted by the Guest (“Accept” or“Accepted”).
7.7.3. Bookings Requests are declined with no charge to you when you click the ‘Reject Booking’ button on your Account page within 48 hours of the Booking Request being submitted by the Guest (“Decline”).
7.7.4. The Platform may automatically decline Bookings Requests if you fail to Accept or Decline within 24 hoursof the Booking Request being submitted by the Guest.
7.7.5. We reserve the right to apply a penalty fee, limit your Account access, and/or de-list your Listings for failing to Accept or Decline a Booking Request or reply to Guestquestions within 24 hours of the Booking Request being submitted by the Guest.
7.7.6. Once a Booking made through the Platform is confirmed, either via an Instant Booking or because a Booking Request is Accepted by you, the Booking is binding as between you and the applicable Guest.
7.8. Cancellation of Bookings.
7.8.1. Cancellation by Guest. If the Guest cancels a Confirmed Booking before the check-in time, we will calculate any refund due to the Guest based on the exact time the Booking was cancelled and the GuestCancellation Policy present on your Property Page at the time of Booking, and our Commission will be deducted from any Host Payment due to you.
7.8.2. Cancellation by You. Should you need to cancel a Confirmed Booking, you must do so by logging in to your Account and using the ‘Cancel Booking’ feature found on the Bookings page, and it is strictly prohibited for you to contact a Guest directly to cancel a Confirmed Booking, and any such agreements made in this way will not be supported or honoured by Oiko.
7.8.3. Cancellation by Oiko. Under certain circumstances, Oiko reserves the right to cancel a Confirmed Booking on your behalf, because the Guest or we cannot get in contact with you, or due to the Property not being available at check-in (“Oiko Cancellation”), and in the event of an Oiko Cancellation our usual cancellation feeswill still apply, it being understood that Oiko also reserves the right to cancel Confirmed Bookings without any HostPayment to you and to refund to the Guest as follows (in the discretion of Oiko):
a) Extenuating Circumstances (where the Guest provides proof);
b) We have been unable to verify your Account or suspect fraudulent activities;
c) The Guest Payment involves a high risk or suspected fraudulent activities;
d) Technical issues outside of our control.
7.8.4. Cancellation Fees. By you cancelling a Confirmed Booking:
a) you agree that the Rent Commission and Commission already due and payable for such Booking are non-refundable (“Cancellation Fees”);
b) You agree to pay us this Commission either by way of a deduction from your next Host Payment, via a payment method that you have shared with us, or upon presentation of an invoice from us, at our discretion, it being understood that we will always display to you the Cancellation Fees amount when you cancel a Confirmed Booking, and the action of cancelling a Confirmed Booking by you confirms your agreement to pay us these Cancellation Fees.
8. Exclusivity and Circumvention.
8.1. Processing via the Platform. The Host and the Guestare obliged to process any services from the Booking exclusively via the Platform, unless another arrangement is made with Oiko in writing including without limitation email, and agreements that are not agreements contemplated by the Contract are deemed as serious breaches of Host Agreement and the Contract.
8.2. Circumventing Booking and Payment Processes. Users are not permitted in particular to circumvent the Booking and payment processes, with special reference to the Commission and Rent Commission. If Users conclude a contract relating to the use/rental of Accommodation posted on the Platform outside the Platform, Oiko still has a claim to payment of the Commission and Rent Commission.
9. Security Deposits.
9.1. You may require a deposit from the Guest by defining this in your Content (the “Deposit”). Should you require a Deposit from a Guest, and we are holding the Deposit in our system, we will guarantee approved claims for damages by you up to the value of the Deposit if the claim for damages cannot be resolved directly with the Guestand you, or any insurance held by you or your Guest does not cover the approved claims for damages.
9.2. Oiko is not responsible for administering or accepting any damages claims by Renters related to Security Deposits and disclaims any liability in this regard.
10. VAT.
10.1. All Commission and the Rent Commission hereunder is excluding VAT.
10.2. VAT is not applied to Host Payments. You are solely responsible for declaring your income from Bookings via Oiko according to your local taxation laws and paying the relevant taxes on your income.
Host
11. Payments and Finances.
11.1. Calculation of Host Payment Amount.
11.1.1. We always calculate your Host Payment based upon the Guest Payments and discounts that you have specified in the Content. A Host Payment is calculated for a booking as follows:
Host
● Payment = Rent – discounts ; + extra fees charged by you;
– Commission ; – Rental Commission.
11.1.2. If you have incurred Cancellation Fees on a previous Booking or Bookings, you accept that these will be deducted from any future Host Payment.
11.2. Host Payment Terms. By default, you will receive a Host Payment once per month for all confirmed GuestPayments, it being understood that your Host Payment terms are determined by the Account Plan or Customized Arrangement that was active when the Booking was confirmed, and that you will receive your first Host Payment up to 48 hours after the Guest moves into the applicable Property for the security of the Guest.
11.3. Bank Transfers.
11.3.1. To receive Host Payments via bank transfer, you agree that your Account information must be securely shared with selected third parties, namely Payment Providers.
11.3.2. Your bank and or our Payment Provider may charge an additional fee, and some recipient banks may charge fees for accepting our Host Payments.
11.3.3. Oiko is not responsible for assessing or collecting such bank fees and is not liable for any discrepancies in Host Payment amounts that may arise due to processing fees with your bank.
11.3.4. Bank transfers are processed and administered by Oiko’s selected partners, and Oiko is not responsible for any issues which may arise as a result of other parties or systems outside of Oiko’s control.
11.4. Chargebacks.
11.4.1. As we may become liable for chargebacks from Renters’ payment services, we retain the right to make a deduction from any future Host Payments concerning such chargebacks.
11.4.2. You shall provide us with all reasonable cooperation concerning chargebacks.
11.4.3. If you incur an excessive number of chargebacks, in our sole opinion, then we may remove your Listings from our Platform, and we may terminate this Host Agreement and the Contract without notice.
11.4.4. In certain situations, whereby we receive notice of a chargeback filed without merit (as determined at our sole discretion) against us in respect of a legitimate charge for a Booking, and subsequently lose the fair amount as a chargeback, you shall assign us the right to pursue the loss directly against the Guest, which right we may exercise at our sole discretion.
11.5. Payment Security.
11.5.1. We use third-party Payment Providers to bill you through a payment account linked to your Account.
11.5.2. The processing of payments hereunder will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to this Host Agreement.
11.5.3. Each Payment Provider processes your payments hereunder in accordance with their terms of service and privacy policy.
11.5.4. You agree to pay us, through the Payment Provider, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms.
11.5.5. You agree to make payments where necessary using the payment method you provide in your Account.
11.5.6. We reserve the right to correct or to instruct our Payment Provider to correct any errors or mistakes, even if payment has already been requested or received.
12. License. You herewith provide Oiko with a royalty free, perpetual license to use the Content to enable the Renting of Properties on the Platform.
13. Warranties and Limitations.
13.1. While we strive for our Platform to be available at all times and free from errors, we do integrate software and services from third-party vendors to provide certain features, and as such, Oiko cannot be held liable by you for any problems arising from:
13.1.1. Failures or delays of Calendar imported events from third-party calendar systems;
13.1.2. Failures or delays of Calendar export from Oiko calendars and their import into third party calendar systems;
13.1.3. Non-delivery of SMS or email Booking Request or Booking confirmation notifications sent by the Platform to you;
13.1.4. Failure of Host Payments due to errors with our financial services provider or bank account errors input by you;
13.1.5. Your incorrect input of rates or failure to keep your Calendar updated;
13.2. Oiko shall not be held responsible for damages to third parties resulting from the distribution of data and media supplied by you, which you were unauthorized to send to us, and you warrant that you have permission to distribute all data and media you provide to us, and you are responsible for damage to Oiko or third parties resulting from malicious code or computer viruses spread by you into the Platform.
14. Breach. If a Guest is found to be in breach of contract, Oiko reserves the right to cancel the User’s service with immediate effect, and in cases of contract breach, any funds owed to Oiko must be settled immediately upon Oiko presenting an invoice.
15. Termination. If you wish to delete your Account permanently, you agree to honour any existing Confirmed Bookings. Your Account may only be permanently deleted when all Confirmed Bookings have been completed. When an Account is deleted, this Host Agreement and the Contract is terminated. To remove Listings and your Account, you must contact Oiko.
16. Limitation of Liability.
16.1. In no event shall either Party's aggregate liability exceed the amounts paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim.
16.2. In no event shall either Party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential, or other damages of any type or kind (including loss of data, revenue, profits, use, or another economic advantage) arising out of, or in any way connected with the Services, including but not limited to the use or inability to use the Services, or for any content obtained from or through the Services, any interruption, inaccuracy, error or omission in the Content, regardless of the cause, even if the Party from which damages are being sought or such Party's licensors have been previously advised of the possibility of such damages.
16.3. No Partnership or Joint Venture. Nothing in these Host Terms or your use of the Platform creates or is intended to establish any partnership or joint venture between Oiko and you.