Guest Refund Policy ⚡️NEW!
Effective as of December 1, 2020
These terms and conditions govern thisopenspace's policy for Guest refunds (“ Guest Refund Policy”) and the obligations of the Host associated with the Guest Refund Policy. The Guest Refund Policy applies in addition to thisopenspace's Terms of Service (“Terms”). The Guest Refund Policy is available to Guests who book and pay for a space through the thisopenspace Platform and suffer an issue (as defined below).
All capitalized terms shall have the meaning set forth in the thisopenspace Terms unless otherwise defined in this Guest Refund Policy.
By using the thisopenspace Platform as a Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.
1. Booking Issue
A “Booking Issue” means any one of the following:
(a) the Host of the Space (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Guest with the reasonable ability to access the Space (e.g. does not provide the keys and/or a security code).
(b) the Listing’s description or depiction of the Space is materially inaccurate with respect to:
- •the size of the Space (e.g. number and size of rooms, bathroom and/or kitchen or other rooms)
- •the condition of the Space (e.g. the space is materially different than how it is shown in the Listing photos at the time of booking)
- •whether the booking for the Space is for an entire space or shared with other parties, including the Host.
- •special amenities or features represented in the Listing are not provided or do not function, such as electrical and lighting, heating or air conditioning systems, or bathrooms.
(c) at the start of the Guest’s booking, the Space: (i) is not generally clean and sanitary; (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest in thisopenspace's judgment, or (iii) has vermin or contains pets not disclosed in the Listing.
2. The Guest Refund Policy
If you are a Guest and suffer a Booking Issue, you are covered by this policy as follows:
Up to 24 hours after check-in. If you report a Booking Issue up to 24 hours after check-in, we agree, at our discretion, to reimburse you the amount paid by you through the thisopenspace Platform (“Total Fees”). Thisopenspace shall decide whether an issue reported by a Guest qualifies as a Booking Issue and to reimburse you. Thisopenspace shall only able to reimburse you the amount paid by you through the thisopenspace Platform if thisopenspace, using our reasonable efforts, is able to recover the amount sent to the Host for your booking.
More than 24 hours after check-in. If you report a Booking Issue more than 24 hours after check-in, we are not unable to reimburse you the Total Fees.
Thisopenspace's decisions under the Guest Refund Policy are final and binding on Guests and Hosts but do not affect other contractual or statutory rights you may have. Any right that you may have to initiate legal action remains unaffected.
3. Conditions for making a Claim
To submit a valid claim for a Booking Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:
(a) you must be the Guest that booked the Space;
(b) you must report the Booking Issue to us in writing by email within 24 hours of discovering the existence of the Booking Issue, and you must provide us with information (including photographs, videos, or other written or tangible evidence) about the Space and the circumstances of the Booking Issue;
(c) you must respond to any requests by us for additional information or cooperation on the Booking Issue within the time specified by thisopenspace;
(d) you must not have directly or indirectly caused the Booking Issue (through your action, omission, or negligence);
(e) unless otherwise specified by thisopenspace or thisopenspace advises you that the Booking Issue cannot be remediated, you must use reasonable efforts to try to remedy the circumstances of the Booking Issue with the Host; and
(f) in order to receive a reimbursement of Total Fees, you must agree to vacate the Space. If you choose to stay in the Space, you will not qualify for a full or partial refund.
4. Minimum Quality Standards, Host Responsibilities, and Reimbursement to Guest
4.1 If you are a Host, you are responsible for ensuring that the Space you list on the thisopenspace Platform is accessible, adequately and accurately described in the Listing description, safe and clean, and do not present a Guest with Booking Issues, as specified in these terms and in the Guest Refund Policy Help Center article. During a Guest’s booking at a Space, Hosts should be available or make a third-party available, in order to try, in good faith, to resolve any Booking Issues or other Guest issues.
4.2 If you are a Host, and if (i) thisopenspace determines that a Guest has suffered a Booking Issue related to a Space listed by you and (ii) thisopenspace either reimburses that Guest (up to their Total Fees), you agree to reimburse thisopenspace up to the amount paid by thisopenspace immediately upon thisopenspace's request. You authorize thisopenspace to collect any amounts owed to thisopenspace by reducing your Payout, debiting your bank account, or as otherwise permitted pursuant to the Terms.
4.3 As a Host, you understand that the rights of Guests under this Guest Refund Policy will supersede the cancellation policy. If you dispute the Booking Issue, you may notify us in writing by email and provide us with information (including photographs or other evidence) disputing the claims regarding the Booking Issue. In order to dispute a Booking Issue, you must use reasonable and good faith efforts to try to remedy any Booking Issue with the Guest unless thisopenspace advises you that the Booking Issue cannot be remediated or the Guest has vacated the Space.
5. General Provisions
5.1 No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.
5.2 Modification or Termination. Thisopenspace reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If thisopenspace modifies this Guest Refund Policy, we will post the modification on the thisopenspace platform or provide you with notice of the modification and thisopenspace will continue to process all claims for Booking Issues made prior to the effective date of the modification according to the then applicable policy.
5.3 Entire Agreement. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between thisopenspace and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between thisopenspace and you regarding the Guest Refund Policy.
6. Contacting thisopenspace
If you have any questions about the Guest Refund Policy, please email us.