Last updated February 13th, 2021
1. SUBJECT AND ACCEPTANCE OF TERMS
These Terms constitute a legally binding agreement (“Agreement”) between you and Moowle (as defined below) governing your access to and use of the Moowle website https://moowle.com, including any subdomains thereof, and any other websites through which Moowle makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Moowle Services”). The Site, Application and Moowle Services together are hereinafter collectively referred to as the “Moowle Platform”. Our other Standards and Policies applicable to your use of the Moowle Platform are incorporated by reference into this Agreement.
When these Terms mention “Moowle,” “we,” “us,” or “our,” it refers to EDMI Group OÜ, Pärnu Road 148, 11317 Tallinn, Estonia.
You, as a visitor, viewer, registered user, or registered user offering properties for use (“Host”), or registered user seeking to book properties (“Guest”), collectively referred to herein hereinafter as Members, are a party to this Agreement.
By using Moowle Platform (other than to read this Agreement for the first time), you agrees to comply with all of the terms and conditions hereof.
Any and all payment processing services through or in connection with your use of the Moowle Platform (“Payment Services”) are provided to you by Maksekeskus AS, Niine 11, Tallinn 10414, Eesti. All payments on Moowle Platform are in Euros (EUR) and are accepted through bank links (Swedbank, SEB, Luminor, LHV, Coop Pank, Pocopay) and credit cards.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Accommodation (as defined below). For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain services. Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any services they offer. Certain types of services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Accommodations or services on Moowle, you should always seek legal guidance.
The Moowle Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts”) and publish properties for use (“Accommodations”) on the Moowle Platform and to communicate and transact directly with Members that are seeking to book such Accommodations (Members seeking and using Accommodations are “Guests”). Accommodations may include the offering of vacation or other properties for use, and a variety of other travel and non-travel related services.
As the provider of the Moowle Platform, Moowle does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Accommodations, nor is Moowle an organiser or retailer of travel packages under Directive (EU) 2015/2302. Moowle facilitates communication and conclusion of accommodation or lease agreement (“Accommodation Booking”) between vis-à-vis Hosts and Guests. Hosts alone are responsible for their Accommodations. When Members make or accept a booking, they are entering into a contract directly with each other. Moowle is not and does not become a party to or other participant in any contractual relationship between Members, nor is Moowle a real estate broker or insurer. Moowle is not acting as an agent in any capacity for any Member.
While we may help facilitate the resolution of disputes, Moowle has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Accommodation, (ii) the truth or accuracy of any Accommodation descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Moowle does not endorse any Member or Accommodation. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Moowle about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation or use other Host services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of an Accommodation at the time the photograph was taken, and are therefore not an endorsement by Moowle of any Host or Accommodation.
If you choose to use the Moowle Platform as a Host or Co-Host (as defined below), your relationship with Moowle is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Moowle for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Moowle. Moowle does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Accommodations. You acknowledge that you have complete discretion whether to list Accommodations or otherwise engage in other business or employment activities.
To promote the Moowle Platform and to increase the exposure of Accommodation listings to potential Guests, Accommodation listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements in accordance with Terms. To assist Members who speak different languages, Moowle may make automated tools available to enable Members to translate Accommodation listings and other Member Content, in whole or in part, into other languages. Members are free to use these tools at their own discretion. Moowle cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.
The Moowle Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Moowle is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Moowle of such Third-Party Services.
Moowle is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Moowle Platform. Moowle may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Moowle Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Moowle Platform. Section about Liability remains unaffected. Moowle may improve, enhance and modify the Moowle Platform and introduce new Moowle Services from time to time. Moowle will provide notice to Members of any changes to the Moowle Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.
3. ELIGIBILITY, USING THE MOOWLE PLATFORM, MEMBER VERIFICATION
In order to access and use the Moowle Platform or register an Moowle Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.
You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Moowle may make access to and use of the Moowle Platform, or certain areas or features of the Moowle Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
The access to or use of certain areas and features of the Moowle Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions before you can access the relevant areas or features of the Moowle Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Moowle Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Moowle Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
4. MODIFICATION OF THE TERMS
Moowle reserves the right to change or modify these Terms at any time in accordance with this provision, to impose new conditions, including, but not limited to, adding fees and charges for use. Moowle posts the revised Terms on the Moowle Platform and updates the “Last Updated” date at the top of these Terms. Such changes, modifications, additions or deletions shall be effective immediately. If we make changes to these Terms, we will also provide Users with notice of the modifications by means including, but not limited to, posting on Moowle Platform, or by electronic or conventional mail, or by any other means by which User obtains notice thereof, at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Moowle Platform will constitute acceptance of the revised Terms.
5. ACCOUNT REGISTRATION
You must register an account (“Moowle Account”) to access and use certain features of the Moowle Platform, such as publishing or booking an Accommodation. If you are registering an Moowle Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register an Moowle Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”). You have the ability to disable the connection between your Moowle Account and your SNS Account at any time, by accessing the “Settings” section of the Moowle Platform.
You must provide accurate, current and complete information during the registration process and keep your Moowle Account and public Moowle Account profile page information up-to-date at all times.
You may not register more than one (1) Moowle Account unless Moowle authorizes you to do so. You may not assign or otherwise transfer your Moowle Account to another party.
You are responsible for maintaining the confidentiality and security of your Moowle Account credentials and may not disclose your credentials to any third party. You must immediately notify Moowle if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Moowle Account. You are liable for any and all activities conducted through your Moowle Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
Moowle may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Moowle Account. For example, we may enable Members to link their Moowle Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Accommodation on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined in the Terms) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Moowle to ask for your credentials, and you shall not request the credentials of another Member.
Moowle may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Moowle Platform (“Member Content”); and (ii) access and view Member Content and any content that Moowle itself makes available on or through the Moowle Platform, including proprietary Moowle content and any content licensed or authorized for use by or through Moowle from a third party (“Moowle Content” and together with Member Content, “Collective Content”).
The Moowle Platform, Moowle Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Moowle Platform and Moowle Content, including all associated intellectual property rights, are the exclusive property of Moowle and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Moowle Platform, Moowle Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Moowle used on or in connection with the Moowle Platform and Moowle Content are trademarks or registered trademarks of Moowle globally. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Moowle Platform, Moowle Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Moowle Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Moowle or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Moowle grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Moowle Platform and accessible to you, solely for your personal and non-commercial use.
Moowle may offer Hosts the option of having professional photographers take photographs of their Accommodation, which are made available by the photographer to Hosts to include in their Application listings with or without a watermark or tag bearing the words “Moowle.com Verified Photo” or similar wording (“Verified Images”). You are responsible for ensuring that your Accommodation is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Moowle Platform if they no longer accurately represent your Listing, if you stop hosting the Accommodation featured, or if your Moowle Account is terminated or suspended for any reason. You acknowledge and agree that Moowle shall have the right to use any Verified Images in accordance with the section for advertising, marketing or publicity purposes, including limited use by permitted third parties, in any media or platform. Where Moowle is not the exclusive owner of Verified Images, by using such Verified Images on or through the Moowle Platform, you grant to Moowle an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing or publicity purposes in any media or platform. Moowle in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Moowle Platform solely for your personal and non-commercial use.
You are solely responsible for all Member Content that you make available on or through the Moowle Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Moowle Platform or you have all rights, licenses, consents and releases that are necessary to grant to Moowle the rights in and to 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 Moowle’s use of the Member Content (or any portion thereof) as contemplated under these Terms 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.
You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Moowle’s Content Policy or any other Moowle policy. Moowle may remove or disable access to any Member Content that is in violation of applicable law, these Terms or Moowle’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Moowle, its Members, third parties, or property. Where Moowle removes or disables Member Content, Moowle will notify a Member and provide the reasons for such a measure, 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 (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.
Moowle respects copyright law and expects its Members to do the same. If you believe that any content on the Moowle Platform infringes copyrights you own, please notify us in accordance with our policies.
7. SERVICE FEES
Moowle may charge fees to Hosts (“Host Fees”) and/or Guests (“Guest Fees”) (collectively, “Service Fees”) in consideration for the use of the Moowle Platform.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking an Accommodation or purchasing any other services. Moowle reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
You are responsible for paying any Service Fees that you owe to Moowle. The applicable Service Fees (including any applicable Taxes) are collected by Moowle. Moowle will deduct any Host Fees from the Accommodation Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Moowle. Except as otherwise provided on the Moowle Platform, Service Fees are non-refundable.
8. DESCRIPTION OF SERVICES
If you as Guest is interested in staying in a particular Accommodation, you shall send a booking request (the “Booking Request”) to the Host via Moowle Platform, along with the Guest’s application details (to the extent that this is necessary for the Host to decide whether or not to accommodate the Booking Request).
Upon submitting the Booking Request, the Guest must pay a Guest Fee (the “Guest Fee”) to Moowle. Moowle may block an amount equal to the Guest Fee using the services of a payment gateway operator. The Guest becomes obliged to pay the Guest Fee to Moowle as of the moment of submitting the Booking Request to the Host.
The Host has 24 hours to accept the Booking Request (whereas this time period may be extended by another 24 hours upon instruction by the Guest). The Host may reject the Booking Request without any reasons.
If the Host does not confirm the Booking Request within the above-mentioned time period or if the Host rejects the Booking Request, then the Guest becomes entitled to a refund of the Guest Fee. Moowle shall dispatch the instruction for the Guest’s bank to unblock the funds within one hour from the lapse of the above-referenced deadline. The time needed for unblocking the funds corresponding to the Guest Fee depends on the business practices of the specific bank of the Guest; as a rule, the money will be released within two to five banking days.
If the Host accepts the Booking Request, Moowle will promptly notify the Guest, and as of this moment the Guest Fee is no longer refundable (with the exception of cases specifically provided for in these Terms).
By accepting the Booking Request, the Host makes an offer to enter into an accommodation or lease agreement (“Accommodation Booking”), which is being sent to the Guest for acceptance via Moowle Platform. This Accommodation Booking must in all material aspects correspond to the Accommodation listing posted on Moowle Platform.
As of the moment of acceptance of the Booking Request, a 24-hour protection period commences for the welfare of the Guest during which the Guest may accept the offer to enter into the Accommodation Booking.
The offer to enter into the Accommodation Booking is deemed accepted by the Guest as of the moment in which the following requirements have been satisfied:
- The Guest fills in the required particulars on Moowle Platform, which will then be inserted into the draft Accommodation Booking (the final wording of which is then being generated for the Guest to review),
- On Moowle Platform, the Guest clicks on the button “Sign the Lease”, and
The Guest will pay Moowle the first installment of Total Fees due under the Accommodation Booking (“First Installment”), and must do so promptly upon entering into the Accommodation Booking and in any case no later than within 24 hours from the confirmation of the Booking Request by the Host. As of the moment in which the First Installment has been duly and fully paid, the Accommodation Booking becomes effective. The above time period may be extended by an additional 24 hours upon the Host’s instruction. For the first 24 hours after the confirmation by the Host, the Host must not accept bookings for the Accommodation in question by other Members or to any third party.
If the Guest fails to discharge its obligation to pay the First Installment in accordance with the Accommodation Booking, then the Accommodation Booking will be considered rescinded extunc (subject to a different agreement between the Parties). If the Guest discharges its obligation to pay the First Rent Installment and the Service Fee only after the time period for payment has lapsed but the Host does not invoke the rescission of the Accommodation Booking within the next 24 hours, the condition subsequent has not been fulfilled and the Accommodation Booking is deemed to be in continuous existence.
The Guest may terminate the Accommodation Booking without any reason and without a notice period pursuant to a written notice before the day of the handover of the Accommodation. The Guest Fee is not refundable and
- the First Installment is refundable (the whole amount) if the termination occured 30 and more days before the commencement of the lease;
- 50% of the First Installment is refundable if the termination occured on the 29. – 14. day (including these days) before the commencement of the lease, the remaining 50% is a reimbursement of the costs associated with the terminating of the Accommodation Booking and the contractual penalty;
- the First Installment is not refundable, if the termination occured 13 and less days before the commencement of the lease; the full amount of the First Installment is a reimbursement of the costs associated with the terminating of the Accommodation Booking and the contractual penalty.
The House Rules and the handover protocol (including all schedules) are an integral part of the Accommodation Booking.
9. TERMS FOR HOSTS
When creating a Listing through the Moowle Platform you must (i) provide complete and accurate information about your Accommodation (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum requirements and (iii) provide any other pertinent information requested by Moowle. You are responsible for keeping your Accommodation listing information (including calendar availability) up-to-date at all times.
You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Accommodation (“Accommodation Fee”). Once a Guest requests a booking of your Accommodation, you may not request that the Guest pays a higher price than in the booking request.
Any terms and conditions included in your Accommodation listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Accommodation.
Pictures, animations or videos (collectively, “Images”) used in your Accommodation listings must accurately reflect the quality and condition of your Accommodation and services. Moowle reserves the right to require that Accommodation listings have a minimum number of Images of a certain format, size and resolution.
When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Accommodation listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
Moowle recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular, make sure that you are familiar with 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 has booked for, if applicable) while staying at your Accommodation or using other Host service.
Unless expressly allowed by Moowle, you may not list more than one Accommodation per Accommodation listing.
If you choose to require a security deposit for your Accommodation, you must specify this in your Accommodation listing (“Security Deposit”) and terms & conditions. Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Moowle Platform.
Any Accommodation listing you post and the booking of, or a Guest’s stay at, an Accommodation shall (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
10. TERMS FOR GUESTS
Terms applicable to all bookings
Subject to meeting any requirements (such as completing any verification processes) set by Moowle and/or the Host, you can book an Accommodation listing available on the Moowle Platform by following the respective booking process. All applicable fees, including the Accommodation Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking an Accommodation. You agree to pay the Total Fees for any booking requested in connection with your Moowle Account.
Upon receipt of a booking confirmation from Moowle, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Accommodation listing. Moowle will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
If you book an Accommodation on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only use Accommodation or other services if accompanied by an adult who is responsible for them.
Moowle may enable a Guest who is booking an Accommodation listing on behalf of one or more additional guests (the “Organizer”) to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other additional guest (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register an Moowle Account prior to making a payment. All payments via the Group Payment Service are handled by Moowle and are subject to the Group Payment Terms of Service.
You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Accommodation listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees”). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs (damages) incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Moowle to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
11. BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS, RESOLUTION CENTER
Hosts and Guests are responsible for any modifications to a booking that they make via the Moowle Platform or direct Moowle customer service to make (“Booking Modifications”), and agree to pay any additional Accommodation Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
Guests can cancel a confirmed booking at any time pursuant to the Accommodation listing’s cancellation policy set by the Host, and Moowle will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Moowle pursuant to the Terms.
If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, Moowle may allow the Guest to apply the refund to a new booking, in which case Moowle will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, Moowle may publish an automated review on the Accommodation listing cancelled by the Host indicating that a booking was cancelled. In addition, Moowle may (i) keep the calendar for the Accommodation listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to Moowle’s policies or has legitimate concerns about the Guest’s behavior.
In certain circumstances, Moowle may cancel a pending or confirmed booking on behalf of a Host or Guest and initiate corresponding refunds and payouts. This may be for reasons set forth in these Terms. Where Moowle cancels a booking, Moowle will notify Members and provide the reasons for such a measure, 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. You may appeal a cancellation by contacting customer service.
If a Guest or Moowle cancels a confirmed booking, and the Guest receives a refund in accordance with the Terms, or the applicable cancellation policy set by the Host and mentioned in the Accommodation listing, after the Host has already been paid, Moowle will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.
Except as otherwise set out in these Terms, Members may use the Moowle Platform to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Moowle Platform in connection with your Moowle Account, and Moowle will handle all such payments.
12. DAMAGE TO ACCOMMODATIONS, DISPUTES BETWEEN MEMBERS
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
If a Host claims and provides evidence that you as a Guest have culpably damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim”), the Host can seek payment from you through Moowle. If a Host escalates a Damage Claim to Moowle, you will be given an opportunity to respond. If you agree to pay the Host, or Moowle determines under consideration of any applicable statutory rules on the burden of proof that you are responsible for the Damage Claim, Moowle via Moowle will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Terms applicable. Moowle also reserves the right to otherwise collect payment from you and pursue any remedies available to Moowle in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Moowle guarantee programs (if available). You may appeal a decision taken by Moowle on the basis of these Terms by contacting customer support. Any decisions made by Moowle in relation to a Damage Claim do not affect your contractual or statutory rights. Your right to take legal action before a court of law remains unaffected.
Members agree to cooperate with and assist Moowle in good faith, and to provide Moowle with such information and take such actions as may be reasonably requested by Moowle, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Moowle guarantee programs), (ii) Co-Host agreements, or (iv) a Group Payment Booking. A Member shall, upon Moowle’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Moowle or a third party selected by Moowle or its insurer, with respect to losses for which a Member is requesting payment from Moowle (including but not limited to payments under the Moowle guarantee program). Members are entitled to terminate their participation in the mediation or similar resolution process at any time. A Member’s right to take legal action before a court of law remains unaffected.
As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Accomoodation Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes”).
Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g. a tax number) to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law until resolution.
You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Accommodation Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes”).
In certain jurisdictions, Moowle may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with these Terms (“Collection and Remittance”) if such jurisdiction asserts Moowle or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Moowle (via Moowle Moowle) to collect Occupancy Taxes from Guests on the Host’s behalf at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions Moowle may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying Hosts, based on tax information supplied by the Host, for ultimate reporting and remittance by such Host to the Tax Authority (“Pass-Through Tax Feature”). Such Hosts using the Pass-Through Tax Feature will be solely responsible for informing Moowle about the correct Occupancy Tax amount to be collected from the Guest in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. Moowle does not assume any liability for the failure of a participating Host to comply with any applicable tax reporting or remittance obligations. The amount of Occupancy Taxes, if any, collected and remitted by Moowle will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Moowle is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by Moowle relating to their Accommodations in that jurisdiction.
Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/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 Moowle from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
Moowle reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
14. PROHIBITED ACTIVITY
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Moowle Platform. In connection with your use of the Moowle Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the Moowle Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Moowle endorsement, partnership or otherwise misleads others as to your affiliation with Moowle;
- use the Moowle Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Moowle Platform;
- unless Moowle explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another Member for any purpose other than asking a question related to your own booking, Accommodation, or the Member’s use of the Moowle Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Moowle Platform to request, make or accept a booking independent of the Moowle Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Accommodation Fees outside of the Moowle Platform or Moowle Payments. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold Moowle harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the Moowle Platform or Collective Content, or any individual element within the Moowle Platform, Moowle’s name, any Moowle trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Moowle Platform, without Moowle’s express written consent;
- dilute, tarnish or otherwise harm the Moowle brand in any way, including through unauthorized use of Collective Content, registering and/or using Moowle or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Moowle domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Moowle Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Moowle or any of Moowle’s providers or any other third party to protect the Moowle Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Moowle Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Moowle Platform;
- export, re-export, import, or transfer the Application except as authorized by laws in Estonia, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that Moowle has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of the Moowle Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Moowle in good faith, and to provide Moowle with such information and take such actions as may be reasonably requested by Moowle with respect to any investigation undertaken by Moowle or a representative of Moowle regarding the use or abuse of the Moowle Platform.
If you feel that any Member you interact with, whether online or in person, 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 Moowle by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
Moowle is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Moowle is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Moowle in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Moowle is excluded.
Moowle shall have the right, but not the obligation, to monitor the content of Moowle website and applications, including chat rooms, to determine compliance with this Agreement and any operating rules established by Moowle and to satisfy any law, regulation or authorized government request. Moowle shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Moowle websites and application. Without limiting the foregoing, Moowle shall have the right to remove any material that Moowle, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
To the maximum extent permitted by applicable law, you agree to release, defend (at Moowle’s option), indemnify, and hold Moowle and its affiliates and subsidiaries, including but not limited to, Moowle, 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 (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Moowle Platform or any Moowle Services, (iii) your interaction with any Member, stay at an Accommodation, participation in other Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
18. TERM AND TERMINATION
This Agreement shall be effective until such time when you or Moowle terminate the Agreement in accordance with this provision.
You may terminate this Agreement at any time by sending us an email. If you cancel your Moowle Account as a Host, any confirmed Accommodation Booking(s) will not be automatically cancelled. If you cancel your Moowle Account as a Guest, any confirmed Accommodation Booking(s) will be automatically cancelled and any refund will depend upon the terms of the Agreement and Accommodation’s cancellation policy.
Without limiting our rights specified below, Moowle may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
Moowle, in its sole discretion, may immediately, without notice, terminate this Agreement and/or stop providing access to the Moowle Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of Moowle, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
In addition, Moowle may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Moowle Account registration, Listing process or thereafter, (iv) you and/or your Accommodation listings or Host services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Moowle otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled 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 Moowle, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Accommodation listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Moowle Platform;
- temporarily or permanently revoke any special status associated with your Moowle Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Moowle Account and stop providing access to the Moowle Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Moowle and an opportunity to resolve the issue to Moowle’s reasonable satisfaction.
If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
When this Agreement has been terminated, you are not entitled to a restoration of your Moowle Account or any of your Member Content. If your access to or use of the Moowle Platform has been limited or your Moowle Account has been suspended or this Agreement has been terminated by us, you may not register a new Moowle Account or access and use the Moowle Platform through an Moowle Account of another Member.
If Moowle takes any of the measures described in this Section you may appeal such a decision by contacting our customer service.
This Agreement and any operating rules for Moowle application established by EDMI Group OÜ constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of ESTONIA, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
20. GENERAL PROVISIONS
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Moowle and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Moowle and you in relation to the access to and use of the Moowle Platform.
No joint venture, partnership, employment, or agency relationship exists between you and Moowle as a result of this Agreement or your use of the Moowle Platform.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Moowle’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Moowle’s prior written consent. Moowle may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Moowle via email, Moowle Platform notification, or messaging service (including SMS and WeChat).
21. COPYRIGHT NOTICE
Moowle and its logos are trademarks of EDMI Group OÜ. All rights reserved. All other trademarks appearing on Moowle website and application are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.