These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and AirfFinch that govern your right to use the websites, applications, and other offerings from AirfFinch (collectively, the “AirfFinch Platform”).

When used in these Terms, “AirfFinch,” “we,” “us,” or “our” refers to the AirfFinch entity set out on schedule with whom you are contracting.

The AirfFinch Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the AirfFinch Platform, and must keep your account information accurate. As the provider of the AirfFinch Platform, AirfFinch does not own, control, offer or manage any Listings, Host Services, or tourism services. AirfFinch is not a party to the contracts entered into directly between Hosts and Guests, nor is AirfFinch a real estate broker, travel agency, insurer or an organizer or retailer of travel packages under Directive (EU) 2015/2302. AirfFinch is not acting as an agent in any capacity for any Member.. 

Our Privacy Policy, which describes our collection and use of personal data, and our payment terms, which govern any payment services provided to Members by the AirfFinch payment entities.

If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.

Guest Terms

1. Our Mission.

Our mission is to create a world where you can belong anywhere. From cabins to castles to cooking classes, browse through millions of Listings to find the ones that fit the way you like to travel. Learn more about a Listing by reviewing the description and photos, the Host profile, and past Guest reviews. If you have questions, just message the Host.

2. Searching and Booking on AirfFinch.

2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more.

2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like service fee, taxes and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that AirfFinch via AirfFinch Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in these Terms) amounts. When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.

2.3 Accommodation Reservations. An Accommodation Reservation is a limited license to enter, occupy and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.

2.4 Reservations for Experiences and Other Host Services. An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.

3. Cancellations, Travel Issues, Refunds and Booking Modifications.

3.1 Cancellations, Travel Issues, and Refunds. In general, if you cancel a reservation, the amount refunded to you is determined by the cancellation policy mentioned in the Privacy Policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a reservation, you may be entitled to a partial or full refund under our Privacy Policy. If the Host cancels, or you experience a Travel Issue, you may be entitled to rebooking assistance or a partial or full refund.

3.2 Booking Modifications. Hosts and Guests are responsible for any booking modifications they agree to make via the AirfFinch Platform or direct AirfFinch customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.

4. Your Responsibilities.

You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation or Experience. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

Host Terms

5. Hosting on AirfFinch.

5.1 Host. As a Host, AirfFinch offers you the right to use the AirfFinch Platform to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.

5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the AirfFinch Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like service fee (and applicable taxes) for each booking. AirfFinch Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Guests must be consistent with these Terms

5.3 Independence of Hosts. Your relationship with AirfFinch is that of an independent individual or entity and not an employee, agent, joint venturer or partner of AirfFinch, except that AirfFinch Payments acts as a payment collection agent as described in the Payments Terms. AirfFinch does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services and at what price and on what terms to offer them.

6. Managing Your Listing.

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

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

6.3 Search Ranking. The ranking of Listings in search results on the AirfFinch Platform depends on a variety of factors, including these main parameters:

• Guest search parameters (e.g. number of Guests, time and duration of the trip, price range),

• Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, host status, age of the Listing, average Guest popularity),

• Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),

• Host requirements (e.g. minimum or maximum nights, booking cut-off time), and

• Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching).

Search results may appear different on our mobile application than they appear on our website. AirfFinch may allow Hosts to promote their Listings in search or elsewhere on the AirfFinch Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any).

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

7. Cancellations, Travel Issues, and Booking Modifications.

7.1 Cancellations and Travel Issues. In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Guest without a valid reason under our cancellation policy. 

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

8. Taxes.

8.1 Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes ("Taxes").

8.2 Collection and Remittance by AirfFinch. In jurisdictions where AirfFinch facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize AirfFinch to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by AirfFinch are identified to Members on their transaction records, as applicable. AirfFinch may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by AirfFinch is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that AirfFinch may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by our Guests and their organizations.

General Terms

9. Reviews.

After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our policies. Reviews are not verified by AirfFinch for accuracy and may be incorrect or misleading.

10. Content.

Parts of the AirfFinch Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant AirfFinch a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the AirfFinch Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where AirfFinch pays for the creation of Content or facilitates its creation, AirfFinch may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant AirfFinch the rights described in these Terms.

11. Fees.

AirfFinch may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the AirfFinch Platform. Any applicable fees are disclosed to Hosts before publishing a listing and to Guests before making a booking.  Except as otherwise provided on the AirfFinch Platform, service fees are non-refundable. 

12. AirfFinch Platform Rules.

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

• Act with integrity and treat others with respect

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • Do not book Host Services unless you are actually using the Host Services.

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

• Honor your legal obligations

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

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

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

  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with AirfFinch branding.

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

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

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

 

13. Termination, Suspension and other Measures.

13.1 Term. The agreement between you and AirfFinch reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.

13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. AirfFinch may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. AirfFinch may also terminate this agreement immediately and without prior notice and stop providing access to the AirfFinch Platform if (i) you materially breach these Terms , (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of AirfFinch, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years.

13.3 Member Violations. If (i) you breach these Terms (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or AirfFinch otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly canceled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of AirfFinch, its Members, or third parties, AirfFinch may:

• suspend or limit your access to or use of the AirfFinch Platform and/or your account;

• suspend or remove Listings, Reviews, or other Content;

• cancel pending or confirmed bookings; or

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

In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by AirfFinch and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.

13.4 Legal Mandates. AirfFinch may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.

13.5 Effect of Termination. If you are a Host and terminate your AirfFinch account, any confirmed booking(s) will be automatically canceled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the AirfFinch Platform has been limited, or your AirfFinch account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the AirfFinch Platform through an account of another Member.

14. Modification of these Terms.

When we propose changes to these Terms, we will post the revised Terms on the AirfFinch Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by AirfFinch, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the AirfFinch Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.

 

27.13 Contact Us. If you have any questions about these Terms please email us.