Club Rules, US
1. These Rules
1.1 These rules (the "Club Rules") apply to your membership of the onefinestay Club (the "Club", "we" or "us") and to any and all goods and services ("Membership Services") which the Club supplies to you, the member ("you" or "member"). Your membership is conditional on your agreement to these Club Rules in full.
1.2 The Club provides a forum for its members to make and accept bookings with each other for occasional use of properties for occupation. The Club is more than a simple home-swap club. The Club requires that Homeowner members allow ‘hotel-style’ services to be supplied to Guest members using authorised suppliers, and allows Homeowners and Guests to use authorised suppliers to assist with the bookings process. Such suppliers are collectively defined as “Authorised Suppliers”. Further details about how members use the Club’s Authorised Suppliers is set out in rule 6.
1.3 These Club Rules apply to individual members of the Club who may be Full members, Associate members or Affiliate members (see below at clause 2.1 for an explanation of the types of membership). Our corporate members, who will be available to supply various services to you, whether you are a Guest or a Homeowner will be required to meet our high service standards and will be subject to separate rules for corporate members.
1.4 The Club is a proprietary club and these Club Rules may be varied by the Club from time to time without notice. In the event of any such variation we will post a new copy of the Club Rules to our website and will send a revised copy of the Club Rules to you by post or email. If you do not accept the revised Club Rules and you notify us accordingly then the existing terms will apply up to the completion of any existing bookings you are party to. If you renew your membership or make or accept a booking with another member after we have notified you of any change to our terms then you will be deemed to have accepted the revised terms in full.
1.5 These Club Rules apply between you the member and the Club and between members themselves and members may enforce rights and obligations against other members in those Club Rules (and only those Club Rules) specified in rule 1.6.
1.6 The provisions of rule 7, 8, 10.3, 10.5, 11.1 and 13 shall be directly enforceable between members pursuant to the Contracts (Rights of Third Parties) Act 1999.
2. Our Members and Roles
2.1 The members of the Club may be:
- ‘Full members’ who are members who have agreed to act as ‘Homeowners’ and to allow their property to be occupied by Guest members;
- ‘Associate members’ who are ‘Guests’ who have joined the Club in order to occupy a Homeowner’s property; and
- ‘Affiliate members’ who are introduced to membership of the Club by one of the Club’s partners (for instance members of other membership schemes or clubs).
- ‘Corporate members’ who supply various services to Homeowners and Guests to allow club members to interact as smoothly as possible.
2.2 A Full member (who has agreed to be a Homeowner) may also be a Guest and these rules apply to all individual members (apart from corporate members) whether they are a Full member, Associate member or Affiliate member.
2.3 In these Club Rules members who are acting in their capacity as homeowners (who are allowing their property to be occupied by Guests) will be referred to as ‘Homeowners’ and members or Associate members who are acting as guests will be referred to as ‘Guests’.
2.4 Corporate members of the Club may sub-contract with each other to provide services to members and may arrange for third party contractors to supply goods or services to members in accordance with the Club’s standards.
2.5 Members of the Club are not shareholders or owners of the Club. Membership entitles members to use membership services and facilities provided by the Club, subject to these rules, but does not, for the avoidance of doubt entitle members to a share in the Club nor does it enable any member to participate in the running, or decision making, of the Club.
3. Membership Services
3.1 The Membership Services include, but are not limited to, administration of your membership, setting membership and supplier standards and standard documents, and providing members with access to various third party service providers to allow you to engage with other members for the provision of accommodation and providing such other services as may be required.
3.2 Following receipt of your application to become a member and the membership fee (which may be waived at our discretion), you will become a Full or Associate member of the Club and you will be deemed to have accepted these rules and the Club’s standards in full.
3.3 The Club is not obligated to accept membership of any applicant and, at its sole discretion, has the right to refuse membership for any reason whatsoever without right of appeal.
4. Membership Fees
4.1 Details of our current membership fees are available on request. Your initial annual membership fee is payable in full when you submit your application for membership. The annual membership fee will also be due, in full, in advance on each renewal of your membership.
4.2 In addition to membership fees we may charge facility fees from time to time for use of the membership services.
4.3 In the event that any fees or charges whatsoever are due to us, or your membership fee has been incorrectly calculated then you agree to settle any invoice for additional or unpaid fees or charges rendered by us immediately without any set-off, deduction or counter-claim.
5. No Agency and Status of Club
5.1 The Club is not a party to any agreement or transaction between its members, nor is the Club liable in respect of any matter arising which relates to a booking between its members. The Club sets standards and provides standard documents and approves suppliers of services to Guests and Homeowners so that Guests and Homeowners can be more comfortable in transacting with each other but the Club is not and will not act as an agent for any member, whether the member is a Full, Associate or Affiliate member and whether the member is acting as Homeowner, Guest or supplier. The Club will not match Homeowner members with guest members nor will the Club collect payment of any fees from a member other than membership fees. The Club does not have the authority to make or accept bookings or to bind either the Homeowner or the Guest.
5.2 The Club is not a travel agent, travel seller or reseller nor is the Club a travel promoter. The Club is not selling or promoting time shares nor are we recommending any particular properties or ensuring that any property will meet the specific needs or criteria of any member.
5.3 The Club does not own the website domain www.onefinestay.com which Homeowners the booking platform used by many of the Club’s suppliers, nor does the Club own any intellectual property rights in the booking platform technology or the ‘onefinestay’ name or brand. The technology, use of the domain and the brand are licensed to the Club by Lifealike Limited. The terms of this licence (“the IP and Domain Licence”) allow for termination in some circumstances, if the licence is terminated then the Club will endeavour to secure alternative arrangements for members if commercially feasible but cannot guarantee that this will be possible. Additionally, the Club may cease to operate and the Club accepts no liability for itself or on behalf of any of its members (including Corporate members) in the event that it ceases to trade or operate. However in the event that the IP and Domain Licence is terminated or that the Club ceases to operate all existing bookings must be honoured by members (and in the event that a member fails to honour an existing booking this rule shall be enforceable by a members against another member.)
6. Appointing Suppliers
6.1 The Club allows for exclusive property of a high standard to be used by Guests during their short-term stay with ‘hotel-style’ services. As such the Club requires its Homeowners to comply with strict standards and rules set by the Club relating to:
- The condition of the property;
- The collection and payment of fees and charges;
- Cancellation of a booking.
Copies of our standards are available to members on request. Additional guidance on homeowner charges is maintained online at http://www.onefinestay.com/us-guidance-on-homeowner-charges/.
6.2 In order to ensure that the property, the listing and the services supplied to Guests during a booking meet the Club’s high standards, the Club will require that members use only (a) approved bookings and reservations suppliers, photographers, maintenance providers, housekeeping and other service providers (“Authorised Suppliers”) or (b) third party contractors approved by an Authorised Supplier. All Authorised Suppliers will be required to become Corporate members of the Club and to accept the Club’s rules for corporate membership. The Club will provide members with details of Authorised Suppliers upon becoming a member.
6.3 Before a Full member lists their property for occupation by a Guest, one or more of the Club’s Authorised Suppliers must be appointed by the Homeowner to assist the Homeowner with:
- managing bookings and reservations; and
- ensuring that the property meets and is listed in accordance with the Club’s standards;
6.4 Full members must appoint a supplier to provide reservation and booking services (“Booking Supplier”) and a supplier to ensure that the property meets the required standards of the Club (“TakeOn Supplier”). A TakeOn Supplier and a Booking Supplier must be appointed by a member before any booking is accepted. These suppliers must be Authorised Suppliers who have agreed to accept the Club’s rules for corporate members. Upon becoming a Full member the Club will provide standard documents for Full members to appoint the Booking Supplier and TakeOn Supplier. It is a condition of the Club that a Full member (Homeowner) must have an appointed and authorised TakeOn Supplier and Booking Supplier on acceptance of and during any bookings made through the Club. If at any time a member terminates their agreement with a TakeOn Supplier or Booking Supplier then:
- Guests will be entitled to terminate existing bookings (at the cost of the Homeowner under rule 11.1);
- the member’s membership with the Club may be terminated; and
- no bookings may be made or accepted.
6.5 The Booking Supplier will be instructed to:
- list the Homeowner’s property with an approved platform;
- advise and agree an appropriate occupation fee;
- liaise with the Homeowner’s TakeOn Supplier to ensure that the property meets the Club’s standards;
- take bookings from the Guest and collect payment from Guests (after the Guest has instructed the Booking Supplier to hold the Guest’s payment as the Guest’s Reservation Supplier, see rule 7.5)
The Booking Supplier will also be irrevocably instructed to deduct from the payment received from Guests an amount equal to any applicable taxes due for a booking (including any goods and services provided in connection therewith) and any outstanding sums due to, the Club, any of the Homeowner and Guest’s Authorised Suppliers and the Booking Supplier and Reservation Supplier may rely on this clause pursuant to the Contracts (Rights of Third Parties) Act 1999.
6.6 The TakeOn Supplier will carry out an initial inspection. If there are further works which the TakeOn Supplier believes should be carried out before the property is marketed in order to meet the Club’s standards relating to the general condition and quality of the property then the TakeOn Supplier will inform the Homeowner. The TakeOn Supplier’s inspection will not (unless specifically agreed between Homeowner and TakeOn Supplier) amount to any representation or warranty from the TakeOn Supplier as to the condition, safety or compliance with locally applicable laws and the Homeowner remains liable for the safety and condition of the property. Once the property is up to sufficiently high standard the Homeowner’s TakeOn Supplier may arrange for photographs and full details of the property to be taken in order for the property to be listed via the Booking Supplier.
6.7 The TakeOn Supplier will also consult with the Homeowner to agree among other things what the initial House Rules (specific rules of the Homeowner relating to the property) for the property will be, and any initial special instructions (such as which drawers or cupboards will be secured and the condition in which the Club’s standards require the property to be left in prior to a booking). The House Rules as well as the special instructions may change from time to time.
6.8 Before any booking of the property the Homeowner member will be responsible for ensuring that the property is tidy and sufficiently clean and complies with all applicable rules, laws, statues and regulations. Our TakeOn Supplier may arrange for relevant third parties to visit the property and carry out any necessary inspections or remedial work. If, prior to commencement of a booking the property is not tidy or sufficiently clean then each Homeowner agrees that the TakeOn Supplier will be instructed to arrange for tidying and additional cleaning, at the Homeowner member’s expense.
6.9 The TakeOn Supplier who is engaged by a member at the time of a booking will be notified to the Guest’s Reservation Supplier. Each Homeowner must ensure that the TakeOn Supplier is permitted to carry out any emergency repairs or maintenance which are required in order to ensure that a property and booking meets the Club’s standards.
6.10 Each Homeowner must instruct its Booking Supplier to pay any third parties appointed to provide services or maintenance. All fees due to Appointed Suppliers must be paid in the event that you cease to be a member while any sums are outstanding. All members of the Club agree that any fees or charges whatsoever which are due to the Club at any time may be deducted from the Booking Supplier or Reservation Supplier and each member irrevocably instructs their Booking Supplier or Reservation Supplier to make any such payments to the Club. Appointed Suppliers who are appointed to supply services which do not relate to a booking may invoice the Booking Supplier. If the Club discharges any costs on your behalf then you agree to repay the Club on request and you agree to pre-authorise your Booking Supplier to deduct and pay such costs to us from fees you may receive from Guest members.
6.11 A separate authorised corporate member will provide services to Guests (“the Guest Services Supplier”). The TakeOn Supplier will require a minimum set of keys (which will be specified to the Homeowner) on commencement of the listing of the property which they will provide to the Guest Services Supplier.
6.12 Each Full member must authorise and permit access to the member’s property by any Guests who have made a booking, the Homeowner’s TakeOn Supplier and the Guest’s Guest Services Supplier and each Full member agrees that access to the property may be required prior to, during and after a booking).
7. Booking Procedure
7.1 The Homeowner and the Homeowner’s Booking Supplier must use an approved online facility by which members who wish to be Homeowners will be entitled to list a property for other Guest members (or potential members) to book for occupation.
7.2 The online system will set out the dates on which the property will and will not be available for bookings.
7.3 All booking confirmations will be made by the Homeowner’s appointed Booking Supplier. The Club will not confirm any bookings.
7.4 A Homeowner and Guest will not have made a booking with each other until the booking is accepted by the Homeowner through the Homeowner’s Booking Supplier.
7.5 The Guest will be required to appoint the Homeowner’s Booking Supplier to supply reservation services to the Guest. The Homeowner’s Booking Supplier will also be the Guest’s reservation supplier (“Reservation Supplier”). These services will include confirming the booking with the Homeowner and holding the Guest’s advance payment pending commencement of a booking.
7.6 Once the Homeowner and Guest have made a booking (“a Booking”) each party will be obliged to proceed in accordance with the terms of the Accommodation Agreement (see rule 8), subject to the Club’s cancellation policy which is set out in rule 7.7 and in the Accommodation Agreement.
7.7 In accordance with rule 11.1 if a Homeowner seeks to terminate a booking then the Homeowner accepts liability to the Guest for the incremental costs of cancellation or alternative accommodation. In particular, the Accommodation Agreement with the Guest (see rule 8) will provide for appropriate alternative accommodation in the event of cancellation by a Homeowner. If there is any surplus to pay as a result of a Homeowner’s cancellation then this will the responsibility of the Homeowner.
7.8 Each Homeowner Member, onefinestay and each Guest Member has responsibilities in relation to the Property and damage that may arise in relation to the use of the Property. In relation to this (and in addition to Guest’s responsibility under the Accommodation Agreement) onefinestay may, from time to time, provide Members with policies or guidance about the responsibilities, nature and extent of such loss, damage or liability. We will notify Members of the existence of such policies or guidance and a copy of the current Damage and Maintenance policy is maintained online at: http://www.onefinestay.com/us-damage-maintenance-policy/.
8. Accommodation Agreement and Homeowner and Guest Responsibility
8.1 All members of the Club agree with each other (and with the Club) that each booking which is made between members of the Club will be made on the terms of the Club’s standard Accommodation Agreement (which may be varied from time to time). The Accommodation Agreement will be a binding contract (in the law of the jurisdiction where the property is located) between the Homeowner and Guest for the letting or occupancy of the Homeowner’s property on the agreed dates. The Homeowner and the Guest agree to be bound by its terms.
8.2 As set out in rule 5 above, the Club is not a party to the Accommodation Agreement and does not let or rent property as principal or agent. The Homeowner is responsible for the listing and description of the property and Homeowners and Guests are responsible for all matters arising in relation to any booking.
9.1 All information supplied by members must be complete, true, accurate and up to date. members must supply the Club with any further relevant information which may be requested from time to time and members must inform the Club of any change to address and contact details as soon as possible.
10. Exclusivity and Termination
10.1 A member may terminate their membership of the Club and the Club may terminate the membership of any member at any time on 14 days notice.
10.2 The Club will be entitled to terminate a member’s membership immediately if
- the member is in material breach of any of the Club Rules; or
- the member is, in the judgment of the Club, in breach of the rules of acceptable behaviour established by the Club from time to time;
- the member does anything to put the Club’s goodwill or reputation at risk; or
- the member refuses to allow a booking to proceed or fails to attend a booking after a booking has been made by another member in accordance with these rules; or
- the member refuses to cooperate with the Club or an Authorised Supplier.
If any bookings are outstanding on termination by the Club under this rule then rule 11.1 will apply.
10.3 Upon termination each member agrees to honour any outstanding bookings with other members. If there are outstanding bookings at the date of termination then the member will not be entitled to offer any new bookings of the property through the Club but the member’s Accommodation Agreement will continue in respect of existing bookings.
10.4 In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to the Club or any Authorised Supplier then the member must pay all outstanding fees or charges to the Club or the relevant Authorised Suppliers immediately without set-off or deduction and a Homeowner member’s agreement with its Booking Supplier and Guest member’s agreement with its Reservations Supplier must provide for this.
10.5 Termination of membership will automatically terminate a member’s agreements with Authorised Suppliers but a Full member whose Property is subject to outstanding bookings at the time of membership termination must allow their Authorised Suppliers (and those of their Guests) to provide services in respect of and during any such bookings (and the Homeowner will be liable for and will indemnify the Club, Guests and Authorised Suppliers in respect of any failure to do so) any amounts owing from a member to such Authorised Suppliers in respect of any previous or existing bookings will remain due and payable. Notwithstanding anything to the contrary herein or in any agreement between any member and the Club or any Authorised Supplier, all obligations to make payments for amounts due and owing with respect to any Services provided by the Club or any Authorized Supplier and all limitations of liability and indemnification obligations set forth in the Club Rules or any agreement between or among any member and the Club or any Authorized Supplier shall survive termination of membership of any member.
10.6 Full membership of the Club is exclusive and Full member agrees with the Club that they will not advertise or list any Property made available through the Club for any short-term occupation whatsoever (whether such listing or advertisement is with a managed service, a homeowner-managed service or with any other property occupation service or website whatsoever).
11. Cancellation or Refusal of Booking
11.1 In the event that:
- existing bookings cannot proceed for any reason due to a Homeowner member’s act or omission (e.g. because the Homeowner sells the property or lets the property on a long-term basis); or
- a Homeowner member’s membership is terminated by the Club under rule 10.2 while there are existing bookings; or
- a Homeowner member refuses to appoint or allow Authorised Suppliers to carry out Takeon Services, Guest Services or Booking or Reservation Services; or
- The Homeowner member refuses to allow any booking which has been made in accordance with these Rules to proceed
then the Homeowner member will be fully liable to the Club and to the Guest (under these rules and the Accommodation Agreement) for all associated costs, charges, damage and liability which the Club or the Guest incur, including the cost of supplying the Guest with appropriate alternative accommodation (of at least four star quality). The member agrees to indemnify the Club on a continuing basis in respect of any such cancelled booking. Additional guidance on homeowner charges is maintained online at http://www.onefinestay.com/us-guidance-on-host-charges/.
11.2 In the event that a Guest member cancels prior to arrival, the cancellation fees due to the Homeowner member (if any) will be determined by the Club’s cancellation policy.
12. Club Liability
12.1 The Club is not a party to any agreement between a Homeowner and a Guest and will not be liable in respect of any matter whatsoever arising between a Homeowner and Guest relating to a booking.
12.2 The Club will not be liable to any member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by the Club (whether suffered or incurred as a result of the Club’s negligence or otherwise) except in the case of fraud, wilful concealment or theft.
12.3 The Club’s liability to any member for all losses (subject to any liability in accordance with rule 12.4) is capped at the level of the membership fees or other fees paid by the member to the Club in the previous 12 months.
12.4 Nothing in this Agreement limits or excludes the Club’s liability for death or personal injury arising as a result of the Club’s negligence.
12.5 Given that members are entitled to obtain vacation or travel insurance and additional property insurance in respect of damage to the property and their possessions and given that the Club is unable to ascertain in advance the level of any other losses the member might suffer members agree to accept that the limitations on the Club’s liability set out above are reasonable.
13. Member Liability
13.1 Each member will be liable both to the Club and to any other member who may suffer or incur any loss or damage in respect of:a) any breach by the member of these rules and any Accommodation Agreement; b) any failure to proceed with a confirmed Booking (subject to the cancellation policy in force at the time); c) any negligent act or omission of the member.
13.2 Each Homeowner member will be liable to the Guest in respect of the quality, safety and description of the property and will also be responsible for ensuring that the property is both available on the dates which have been booked and is in the condition as listed or described.
14. Disputes Between Members
14.1 Each member shall use their best endeavours to resolve disputes with any other member amicably. Each member agrees that the Club shall be entitled to mediate any disputes that arise between members and each member agrees to cooperate with such mediation.
14.2 Any mediation undertaken by the Club will be non-binding and the Club will not institute legal proceedings or other enforcement action on behalf of a member against another member.
15. Member Responsibility For Pools, Spas and Recreational Equipment
15.1 Each member is solely responsible for the condition, safety and compliance with all laws, ordinances, rules and regulations applicable to pools, spas and recreational equipment (including but not limited to, trampolines, jungle gyms and swing sets) in, at or about each member’s property. Each member will maintain its pools, spas and recreational equipment in a safe condition and will comply with all manufacturers’ installation, use and maintenance rules, requirements and guidelines and for taking all reasonable safety and other precautions to avoid injury and damage to Guests arising therefrom.
16.1 Each party agrees that they have the power to enter into this agreement.
16.2 The Club will not be liable to any member or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of the Club’s obligations, if the delay or failure was due to any cause beyond the Club’s reasonable control such as severe weather, a natural disaster, strikes, governmental action, terrorism, war and civil unrest.
16.3 Save in the case of fraud these terms represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
16.4 The parties agree that these terms are fair and reasonable in all the circumstances. However if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
16.5 These conditions are governed by and construed in accordance with the laws of England and Wales. Each party agrees to submit to the exclusive jurisdiction of the English courts.