Last Updated 1/23/19
By using FRC’s Website as a FRC PPO, CLIENT, MEMBER and/or GUEST, you are indicating that you have read and that you understand and agree to be bound by this Service Terms.
1.1 The First Round Concierge (“FRC”) is an online and physical marketplace for various services, products, and accommodations that enables clients of FRC (“FRC Members”) and certain third parties who offer services (Participating Property Owners and third parties who offer services are “PPO” or “TPO” and the services they offer are “PPO Services” or “TPO Services”) to promote such PPO Services via FRC’s private listings (“Listings”) and to communicate and transact directly with FRC regarding all matters concerning FRC Members that are seeking to book such PPO Property (FRC Members using PPO Services are “Guests”). PPO Services may include the offering of vacation or other properties for use (“Accommodations“), and TPO Services may include offerings single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of access to PPO Services and TPO Services, FRC does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or PPO Services, nor is FRC an organiser or retailer of travel packages under Directive (EU) 2015/2302. PPOs alone are responsible for their Listings and PPO Services. When FRC Members make or accept a booking, they are entering into a contract directly with each other. FRC is not and does not become a party to or other participant in any contractual relationship between FRC Members, nor is FRC a real estate broker or insurer. FRC is not acting as an agent in any capacity for any FRC Member, except as specified in FRC’s capacity to collect and administer payments.
1.3 While we may help facilitate the resolution of disputes, FRC has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Property or PPO Services or TPO Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other FRC Member Content (as defined below), or (iii) the performance or conduct of any FRC Member, PPO, TPO or third party. FRC does not endorse any FRC Member, Listing, TPO Services, or PPO Services. Any references to a FRC Member being “verified” (or similar language) only indicate that the FRC Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by FRC about any FRC Member, including of the FRC Member’s identity or background or whether the FRC Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other TPO Services or PPO Services, accept a booking request from a Guest, or communicate and interact with other FRC Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by FRC of any PPO, TPO, or Listing.
1.4 If you choose to use FRC as a PPO your relationship with FRC is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of FRC 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 FRC. FRC 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 PPO Services. You acknowledge and agree that you have complete discretion whether to list PPO Services or otherwise engage in other business or employment activities.
1.5 To promote FRC and to increase the exposure of Listings to potential Guests, Listings and other FRC Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist FRC Members who speak different languages, Listings and other FRC Member Content may be translated, in whole or in part, into other languages. FRC cannot guarantee the accuracy or quality of such translations and FRC Members are responsible for reviewing and verifying the accuracy of such translations.
1.6 FRC may contain links to third-party websites or resources (i.e., TPO Services). Such TPO Services may be subject to different terms and conditions and privacy practices. FRC is not responsible or liable for the availability or accuracy of such TPO Services, or the content, products, or services available from such TPO Services. Links to such TPO Services are not an endorsement by FRC of such TPO Services.
1.7 Due to the nature of the Internet, FRC cannot guarantee the continuous and uninterrupted availability and accessibility of FRC. FRC may restrict the availability of FRC 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 FRC. FRC may improve, enhance and modify FRC and introduce new FRC Services from time to time.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use FRC or register an FRC Account. By accessing or using FRC you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your PPO 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.
2.3 FRC may make access to and use of FRC, or certain areas or features of FRC’s website or service offerings, 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 FRC Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any FRC 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 FRC Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of FRC Members, (ii) screen FRC Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a FRC 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).
2.5 The access to or use of certain areas and features of FRC may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of FRC, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
FRC reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on FRC and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email 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 email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of FRC will constitute acceptance of the revised Terms.
4.1 You must register an account (“FRC Account“) to access and use certain features of FRC, such as publishing or booking a Listing. If you are registering an FRC Account for a company 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.
4.2 You can register an FRC 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 FRC Account and your SNS Account at any time, by accessing the “Settings” section of FRC.
4.3 You must provide accurate, current and complete information during the registration process and keep your FRC Account and public FRC Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) FRC Account unless FRC authorizes you to do so. You may not assign or otherwise transfer your FRC Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your FRC Account credentials and may not disclose your credentials to any third party. You must immediately notify FRC 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 FRC Account. You are liable for any and all activities conducted through your FRC 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).
4.6 FRC may enable features that allow you to authorize other FRC Members or certain third parties to take certain actions that affect your FRC Account. For example, we may allow eligible FRC Members or certain third parties to book Listings on behalf of other FRC Members, or we may allow PPOs to add other FRC Members as Co-PPOs (as defined below) 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 FRC to ask for your credentials, and you shall not request the credentials of another FRC Member.
5.1 FRC may, at its sole discretion, enable FRC 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 FRC (“FRC Member Content“); and (ii) access and view FRC Member Content and any content that FRC itself makes available on or through FRC’s, including proprietary FRC content and any content licensed or authorized for use by or through FRC from a third party (“FRC Content” and together with FRC Member Content, “Collective Content“).
5.2 FRC, FRC Content, and FRC 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 FRC and FRC Content, including all associated intellectual property rights, are the exclusive property of FRC 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 FRC, FRC Content or FRC Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of FRC used on or in connection with FRC and FRC Content are trademarks or registered trademarks of FRC in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with FRC, FRC Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit FRC or Collective Content, except to the extent you are the legal owner of certain FRC 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 FRC or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, FRC grants you a limited, non-exclusive, nonsublicensable, 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 FRC and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any FRC Member Content on or through FRC, you grant to FRC a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such FRC Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such FRC Member Content to provide and/or promote FRC, in any media or platform. Unless you provide specific consent, FRC does not claim any ownership rights in any FRC Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your FRC Member Content.
5.6 FRC may offer PPOs the option of having professional photographers take photographs of their Property, which are made available by the photographer to PPOs to include in their Listings with or without a watermark or tag bearing the words “FirstRoundConcierge.com Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your PPO Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through FRC if they no longer accurately represent your Listing, if you stop listing the Property featured, or if your FRC Account is terminated or suspended for any reason. You acknowledge and agree that FRC shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where FRC is not the exclusive owner of Verified Images, by using such Verified Images on or through FRC, you grant to FRC 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 and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. FRC in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of FRC solely for your personal and non-commercial use.
5.7 You are solely responsible for all FRC Member Content that you make available on or through FRC. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all FRC Member Content that you make available on or through FRC or you have all rights, licenses, consents and releases that are necessary to grant to FRC the rights in and to such FRC Member Content, as contemplated under these Terms; and (ii) neither the FRC Member Content nor your posting, uploading, publication, submission or transmittal of the FRC Member Content or FRC’s use of the FRC Member Content (or any portion thereof) 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.
5.8 You will not post, upload, publish, submit or transmit any FRC 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 FRC’s Policies. FRC may, without prior notice, remove or disable access to any FRC Member Content that FRC finds to be in violation of these Terms or FRC’s thencurrent Policies or Standards, or otherwise may be harmful or objectionable to FRC, its FRC Members, third parties, or property.
5.9 FRC respects copyright law and expects its FRC Members to do the same. If you believe that any content on FRC infringes copyrights you own, please notify us via email at firstname.lastname@example.org.
6.1 FRC may charge fees to PPOs (“PPO Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of FRC.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a PPO or Guest prior to publishing or booking a Listing. FRC reserves the right to change the Service Fees at any time, and will provide FRC Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to FRC. The applicable Service Fees (including any applicable Taxes) are collected by FRC. FRC will deduct any PPO Fees from the Listing Fee before remitting the payout to the PPO. Any Guest Fees are included in the Total Fees collected by FRC. Except as otherwise provided on FRC, Service Fees are non-refundable.
7.1.1 When creating a Listing through FRC you must (i) provide complete and accurate information about your PPO Property (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 age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by FRC. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a FRC Client executes a Client Lease for a booking of your Listing, you may not request that the Guest pays a higher price than in the Client Lease.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your PPO Services. FRC reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on FRC may vary and depend on a variety of factors, such as Guest search parameters and preferences, PPO requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of PPO Service, and/or ease of booking.
7.1.6 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 PPO Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable PPO Fee and any applicable Taxes.
7.1.7 FRC recommends that PPOs obtain appropriate insurance for their PPO 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 participating in your Experience, Event or other PPO Service.
7.2 Listing Accommodations
7.2.1 Unless expressly allowed by FRC, you may not list more than one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in
Agreement to Lease (“Security Deposit“). PPOs are not allowed to ask for a Security Deposit after a
Client Lease has been sent to an FRC Client. FRC will use commercially reasonable efforts to address PPOs’ requests and claims related to Security Deposits, but FRC is not responsible for administering or accepting any claims by PPOs related to Security Deposits beyond the terms of the then applicable Agreement to Lease.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (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). As a PPO, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
7.3 Listing Experiences, Events and other PPO Services
TPOs who list Experiences, Events, Products, and Services other than Accommodations agree to and are subject to the separate terms.
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by FRC and/or the PPO, you can book a Listing available with FRC by following its respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be not presented to you prior to booking a Listing. You agree that FRC may charge a separate rate for your booking, and pay any and all applicable fees out of the funds it collects from FRC Members for your booking. You agree to pay the Total Fees for any booking requested in connection with your FRC PPO Account.
8.1.2 Upon receipt of a booking confirmation from FRC, a legally binding agreement is formed between FRC and PPO, subject to any additional terms and conditions of the PPO that apply, including in particular the Agreement to Lease, applicable cancellation policy, and any rules and restrictions specified in the Listing. FRC will collect the Total Fees at the time of the Client Lease or upon the PPO’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.
8.1.3 If FRC Client(s) book a PPO Service on behalf of additional guests, the FRC Client(s) is required to ensure that every additional guest meets any requirements set by the PPO, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the PPO. 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 participate in an Experience, Event or other PPO Service if accompanied by an adult who is responsible for them.
8.1.4 FRC may enable a Guest who is booking a Listing or TPO Service on behalf of one or more additional guests (the “Organizer”) to split the payment of the Total Fees for an eligible booking on a prorata 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 FRC Account prior to making a payment. All payments via the Group Payment Service are handled by FRC Payments and are subject to separate Group Payment Service Terms.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the PPO to enter, occupy and use the Accommodation for the duration of your stay, during which time the PPO (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 PPO.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the PPO specifies in the Listing or such other time as mutually agreed upon between you and the PPO. If you stay past the agreed upon checkout time without the PPO’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the PPO is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the PPO, 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 PPO, plus all applicable
Guest Fees, Taxes, and any legal expenses incurred by the PPO 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 incurred by the PPO as a result of such Overstay. If you Overstay at an Accommodation, you authorize FRC (via FRC Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a PPO, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.3 Booking Experiences, Events and other PPO Services
8.3.1 You should carefully review the description of any Experience, Event or other PPO Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the PPO has specified in their Listing. At your sole discretion you may want to inform the PPO of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other
PPO Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other PPO Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other PPO Service.
8.3.2 Before and during an Experience, Event or other PPO Service you must at all times adhere to the PPOs’ instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other PPO Service unless such an individual was added by you as an additional guest during the booking process on FRC.
FRC Travel Credits may be redeemed for eligible bookings via FRC as specified in the terms and conditions provided with the Travel Credit. You may only redeem FRC Travel Credits after the FRC Travel Credits are reflected in your FRC Account.
9.1 PPOs and Guests are responsible for any modifications to a booking that they make via FRC or direct FRC customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, PPO Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and FRC Payments 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 PPO under the applicable cancellation policy will be remitted to the PPO by FRC Payments pursuant to the Payments Terms.
9.3 If a PPO cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, FRC may allow the Guest to apply the refund to a new booking, in which case FRC Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, FRC may publish an automated review on the Listing cancelled by the PPO indicating that a booking was cancelled. In addition, FRC may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the PPO has a valid reason for cancelling the booking pursuant to FRC’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Experiences, Events and other PPO Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, PPOs may modify or cancel a PPO Service. If there is a substantial change in the itinerary or the PPO Service needs to be cancelled, FRC will work with the PPO and/or Guests to provide Guests an alternative date for the PPO Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, FRC may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in FRC’s Extenuating Circumstances Policy or (i) where FRC believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to FRC, other FRC Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, FRC may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 If, as a PPO, your Guest cancels a confirmed booking or FRC decides that it is necessary to cancel a confirmed booking, and FRC issues a refund to the Guest in accordance with the Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, FRC Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.8 Except as otherwise set out in these Terms, FRC Members may use the Resolution Center to send or request money for refunds, additional PPO Services, Co-PPO Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your FRC Account, and FRC Payments will handle all such payments.
10.1 Within a certain timeframe after completing a booking, Guests and PPOs can leave a public review
(“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual FRC Members and do not reflect the opinion of FRC. Ratings and Reviews are not verified by FRC for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and PPOs must be accurate and may not contain any offensive or
10.3 FRC Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another FRC Member.
10.4 Ratings and Reviews are part of a FRC Member’s public profile and may also be surfaced elsewhere on FRC (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11.1 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 PPO (and the individuals the PPO invites to the Accommodation, if applicable).
11.2 If a PPO claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim“), the PPO can seek payment from you through the Resolution Center. If a PPO escalates a Damage Claim to FRC, you will be given an opportunity to respond. If you agree to pay the PPO, or FRC determines in its sole discretion that you are responsible for the Damage Claim, FRC Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms.
FRC also reserves the right to otherwise collect payment from you and pursue any remedies available to FRC 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 PPOs under the FRC PPO Guarantee.
11.3 FRC Members agree to cooperate with and assist FRC in good faith, and to provide FRC with such information and take such actions as may be reasonably requested by FRC, in connection with any Damage Claims or other complaints or claims made by FRC Members relating to (i) Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the FRC PPO Guarantee), (ii) Experiences, (iii) Co-PPO agreements, or (iv) a Group Payment Booking. A FRC Member shall, upon FRC’s reasonable request and at no cost to the FRC Member, participate in mediation or a similar resolution process with another FRC Member, which process will be conducted by FRC or a third party selected by FRC or its insurer, with respect to losses for which a FRC Member is requesting payment from FRC (including but not limited to payments under the FRC PPO Guarantee).
11.4 If you are a Guest or a Co-PPO, you understand and agree that FRC may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the PPO (including without limitation amounts paid by FRC under the FRC PPO Guarantee). You agree to cooperate with and assist FRC in good faith, and to provide FRC with such information as may be reasonably requested by FRC, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as FRC may reasonably request to assist FRC in accomplishing the foregoing.
FRC generally supports payment amounts that are payable from or to Guests or PPOs to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where FRC’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, FRC may, in its sole discretion, round up or round down amounts that are payable from or to Guests or PPOs to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, FRC may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13.1 As a PPO you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
13.2 Tax regulations may require us to collect appropriate Tax information from PPOs, or to withhold Taxes from payouts to PPOs, or both. If a PPO fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13.3 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 PPOs on Listing 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 Listing Fees set by PPOs, 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“).
13.4 In certain jurisdictions, FRC may decide in its sole discretion to facilitate collection and remittance of
Occupancy Taxes from or on behalf of Guests or PPOs, in accordance these Terms (“Collection and Remittance“) if such jurisdiction asserts FRC or PPOs 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 FRC (via FRC Payments) to collect Occupancy Taxes from Guests on the PPO’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by FRC will be visible to and separately stated to both Guests and PPOs on their respective transaction documents. Where FRC is facilitating Collection and Remittance, PPOs are not permitted to collect any Occupancy Taxes being collected by FRC relating to their Accommodations in that jurisdiction.
13.5 You agree that any claim or cause of action relating to FRC’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by FRC in connection with facilitation of Collection and Remittance, if any. Guests and PPOs 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 FRC from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 FRC reserves the right, with prior notice to PPOs, to cease the Collection and Remittance in any jurisdiction for any reason at which point PPOs 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.
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of FRC. In connection with your use of FRC, you will not and will not assist or enable others to:
14.2 You acknowledge that FRC has no obligation to monitor the access to or use of FRC by any FRC Member or to review, disable access to, or edit any FRC Member Content, but has the right to do so to (i) operate, secure and improve FRC (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure FRC 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 FRC Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. FRC Members agree to cooperate with and assist FRC in good faith, and to provide FRC with such information and take such actions as may be reasonably requested by FRC with respect to any investigation undertaken by FRC or a representative of FRC regarding the use or abuse of FRC.
14.3 If you feel that any FRC 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 FRC 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).
15.1 This Agreement shall be effective for a thirty (30) day term, at the end of which it will automatically and continuously renew for subsequent thirty (30) day terms until such time when you or FRC terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your FRC Account as a PPO, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund, and you shall be subject to the terms of the Agreement To Lease and this Agreement to the extent they do not conflict. In an event of a conflict between the Agreement to Lease and these Terms, other than concerning liability for cancellations, jurisdiction, and venue, these Terms shall supersede and control. If you cancel your FRC Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Unless your Country of Residence is the United States, without limiting our rights specified below, FRC may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 FRC may immediately, without notice, terminate this Agreement and/or stop providing access to
FRC if (i) you have materially breached your obligations under these Terms, the Payments Terms, FRC’s
Policies and/or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) FRC believes in good faith that such action is reasonably necessary to protect the personal safety or property of FRC, its FRC Members, or third parties (for example in the case of fraudulent behavior of a FRC Member).
15.5 In addition, FRC 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 Payment Term, FRC’s Policies and/or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the FRC Account registration, Listing process or thereafter, (iv) you and/or your Listings or PPO Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or FRC 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) FRC believes in good faith that such action is reasonably necessary to protect the personal safety or property of FRC, its FRC Members, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by FRC and an opportunity to resolve the issue to FRC’s reasonable satisfaction.
Account or any of your FRC Member Content. If your access to or use of FRC has been limited or your FRC Account has been suspended or this Agreement has been terminated by us, you may not register a new FRC Account or access and use FRC through an FRC Account of another FRC Member.
If you choose to use FRC or Collective Content, you do so voluntarily and at your sole risk. FRC and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the FRC Services, laws, rules, or regulations that may be applicable to your Listings and/or PPO Services you are receiving and that you are not relying upon any statement of law or fact made by FRC relating to a Listing.
If we choose to conduct identity verification or background checks on any FRC Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a FRC Member or guarantee that a FRC Member will not engage in misconduct in the future.
You agree that some Experiences, Events, other PPO Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some PPO Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those PPO Services. You assume full responsibility for the choices you make before, during and after your participation in a PPO Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your PPO Service and to the maximum extent permitted by law, you agree to release and hold harmless FRC from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the PPO Service or in any way related to your PPO Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of FRC and
Collective Content, your publishing or booking of any Listing via FRC, your stay at any
Accommodation, participation in any Experience or Event or use of any other PPO Service, participation in the Group Payment Service, or any other interaction you have with other FRC Members whether in person or online remains with you. Neither FRC nor any other party involved in creating, producing, or delivering FRC or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use FRC or Collective Content, (iii) from any communications, interactions or meetings with other FRC Members or other persons with whom you communicate, interact or meet with as a result of your use of FRC, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s PPO Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not FRC has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable PPOs pursuant to these Terms or an approved payment request under the FRC PPO Guarantee, in no event will FRC’s aggregate liability arising out of or in connection with these Terms and your use of FRC including, but not limited to, from your publishing or booking of any Listings via FRC, or from the use of or inability to use FRC or Collective Content and in connection with any Accommodation, Experiences, Event, other PPO Service, the Group Payment Service, or interactions with any other FRC Members, exceed the amounts you have paid or owe for bookings via FRC as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a PPO, the amounts paid by FRC to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between FRC and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect FRC’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 If your Country of Residence is in the EU, FRC 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. FRC is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of FRC in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of FRC is excluded.
You agree to release, defend (at FRC’s option), indemnify, and hold FRC and its affiliates and subsidiaries, including but not limited to, FRC Payments, 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 FRC or any FRC Services, (iii) your interaction with any FRC Member, stay at an Accommodation, participation in an Experience, Event or other PPO Service, participation in the Payment Services, 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, (iv) FRC’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against FRC in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. FRC is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with FRC’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
We welcome and encourage you to provide feedback, comments and suggestions for improvements to FRC (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of FRC’s website (www.FirstRoundConcierge.com), or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21.1 If your Country of Residence is the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Charlotte, North Carolina, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Charlotte, North Carolina.
21.2 If your Country of Residence is China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which FRC may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
21.3 If your Country of Residence is outside of the United States and China, these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your Country of Residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If FRC wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between FRC and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between FRC and you in relation to the access to and use of FRC.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and FRC as a result of this Agreement or your use of FRC.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 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.
22.5 FRC’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.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without FRC’s prior written consent. FRC may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with thirty (30) days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to FRC Members permitted or required under this Agreement, will be provided electronically and given by FRC via email, FRC Platform notification, or messaging service (including SMS and WeChat). For notices made to FRC Members residing outside of Germany, the date of receipt will be deemed the date on which FRC transmits the notice. If your booking is in respect of a Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies FRC’s obligations under Article 59 Paragraph 1 of the Japanese Housing Accommodation Business Act.
22.8 If your Country of Residence is in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that FRC Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
These Participating Property Owner (“PPO”) Guarantee Terms contain an arbitration clause and class action waiver that applies to all First Round Concierge Clients. These provisions applies to all disputes with First Round Concierge. If you reside outside of the United States, this provision applies to any action you bring against FRC in the United States. It affects how disputes with FRC are resolved. By accepting these PPO Guarantee terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Please read these PPO Guarantee terms carefully as they contain important information about your legal rights, remedies and obligations. By listing a Property or otherwise using FRC Services as a PPO, you agree to comply with and be bound by these PPO Guarantee terms.
PPOs may benefit from the PPO Guarantee terms (the “PPO Guarantee”), which is subject to these terms and conditions (the “PPO Guarantee terms”). The PPO Guarantee terms apply in addition to FRC’s Service Terms (“FRC Service Terms”) and the Payments Terms of Service (“Payments Terms“).
All capitalized terms shall have the meaning set forth in FRC Service Terms or FRC Payments Terms, unless otherwise defined in these PPO Guarantee terms. If you agree to these PPO Guarantee terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these PPO Guarantee terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Except as permitted by law, these PPO Guarantee terms do not affect your statutory rights.
I. The PPO Guarantee
FRC agrees to pay you, as a PPO, to repair or replace your Covered Property (as defined below) damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions in the PPO Guarantee terms.
You must comply with all of the requirements and conditions in these PPO Guarantee terms in order to be eligible to receive any payments for Covered Losses. Your failure to fully comply will prevent your recovery for any Covered Losses. Please carefully review the definitions of “Covered Accommodation,” “Covered Losses,” “Covered Property” and “Excluded Property” below so that you may identify and protect property not covered by the PPO Guarantee.
You acknowledge and agree to use your best efforts to communicate with FRC (as defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify FRC as well as FRC about your complaint and attempt to resolve the loss or damage with FRC within (i) fourteen (14) days of the expiration of the rental of the Covered Property. You may fulfill this obligation by submitting a claim to FRC.
You acknowledge and agree that any amount of Covered Losses payable to you under the PPO Guarantee will be reduced by the amounts you have already collected for the same Covered Losses from a source other than the PPO Guarantee, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by FRC or an Invitee (defined below), or other party or an insurer or guarantor of such party.
II. Key Defined Terms
The following capitalized terms shall have the following meanings:
“Actual Cash Value” means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation.
“PPO Guarantee Payment Request Form” means FRC’s standard form as amended from time to time, accessible through the Resolution Center or by contacting customer service directly, that a PPO uses to request payment from FRC pursuant to these PPO Guarantee Terms.
“Booking Income Loss” is the loss of booking income from the booked portion of a Covered Accommodation (according to bona fide FRC confirmed bookings, contracts or agreements in force prior to the established time of loss) by you, as a PPO, resulting from a Covered Loss. Booking Income Loss does not include non-continuing charges and expenses or any loss of booking income during any period in which the Covered Accommodation would not have been tenantable for any reason other than a Covered Loss. The Booking Income Loss will be measured starting from the time of occurrence of the Covered Loss and ending when the Covered Accommodation can be made ready for habitation under the same or equivalent physical and operating conditions that existed prior to the damage.
“Covered Accommodation” means an Accommodation located in the Territory that can be used as a residence and that is (i) owned or legally controlled by you as a PPO during the period of FRC’s stay at such Accommodation and (ii) listed by you on FRC Services and booked by such FRC in compliance with FRC Service Terms. A vehicle (including, but not limited to, automobiles, scooters, vespas, and motorcycles) or a watercraft (including, but not limited to, boats, yachts, jet skis and similar craft) booked through the Services constitutes a “Covered Accommodation” only to the extent it is stationary and used solely for lodging purposes.
“Covered Losses” means and is limited to direct physical loss or physical damage to a PPO’s Covered Property caused by FRC or an Invitee of FRC during an FRC stay. Covered Losses do not include any losses or damage described under Excluded Losses below.
“Covered Property” means and is limited to the following property located at a Covered Accommodation, or within 1,000 feet thereof, to the extent of your interest in such property, unless such property constitutes Excluded Property (as defined below):
A. Real property, including new buildings and additions under construction located at the site of such Covered Accommodation, in which you have an insurable interest.
B. Personal property that is:
owned by you, including your interest as a tenant in improvements and betterments.
not owned by you, but is in your custody and for which you are under obligation to keep the personal property insured for physical loss or damage.
not owned by you, but is in your custody and for which you have legal liability for physical loss or damage to the property.
“Excluded Losses” has the meaning set forth in Section III below.
“Excluded Property” means any of the following:
Currency, money, precious metal in bullion form, notes or securities.
Land, water or any other substance in or on land; except this exclusion does not apply to (i) land improvements consisting of landscape gardening, roadways and pavements, but not including any fill or land beneath such property, or (ii) water that is contained within any enclosed tank, piping system or any other processing equipment.
Animals, including, but not limited to, livestock and pets.
Standing timber; growing crops.
Watercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites. This watercraft exclusion does not apply with respect to any watercraft which is a Covered Accommodation. However, this exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.
Vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles). This exclusion does not apply with respect to any vehicle that is a Covered Accommodation. However, this exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.
Underground mines or mine shafts or any property within such mine or shaft.
Dams, dikes and levees.
Property in transit, except as otherwise provided by these PPO Guarantee Terms.
Transmission and distribution lines beyond 1,000 feet of the Covered Accommodation.
Any damage to any property that is not in, at, or on a Covered Accommodation.
Real property owned by a party other than you and that you do not control.
“Fine Arts” means paintings; etchings; printed photos; pictures; tapestries; rare or art glass; art glass windows, valuable rugs; statuary; sculptures; antique furniture; antique jewelry; bric-a-brac; porcelains; and similar property of rarity, historical value, or artistic merit. “Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities.
“Invitee” means a person invited to be present at a Covered Accommodation by FRC.
“Limit” means one million US dollars (US $1,000,000), or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by FRC under these PPO Guarantee Terms.
“Ordinary Wear and Tear” means the deterioration in condition of property that occurs under normal use and conditions.
“FRC” means the FRC Client(s) who booked your Covered Accommodation for the period during which you incurred the Covered Losses.
“Territory” means the countries where FRC allows Accommodation and the PPO Guarantee is available. Any Territory where the PPO Guarantee is not available will be disclosed on the PPO Guarantee landing page.
III. Limitations and Exclusions
The PPO Guarantee pays Covered Losses only and does not pay for any of the following (“Excluded Losses”):
any losses caused by a FRC Client(s) or Invitee after the expiration of the booking period shown in the applicable Listing.
losses or damages for Covered Property, which arise out of any one booking of a Covered Accommodation by a FRC, in excess of the Limit.
in the case of Fine Arts, losses or damages if the Fine Arts cannot be replaced with other of like kind and quality and any loss or damage from any repairing, restoration or retouching process.
any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by, relating to or resulting from any of the following:
acts of nature, including, but not limited to, earthquakes and weather related events such as hurricanes and tornadoes;
excessive use of electricity, gas, fuel, water or other utilities provided for the Covered Accommodation;
indirect or remote causes;
interruption of business, loss of market and/or loss of use, except that the PPO Guarantee does cover Booking Income Loss;
loss, damage, or deterioration arising from any delay;
mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory;
enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or (ii) requiring the demolition of any property, including the cost of removing its debris;
animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals; or
identity theft or identity fraud.
any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by or resulting from any of the following, regardless of any other cause or event contributing thereto:
any hostile act or act of war, terrorism, insurrection or rebellion;
actual or threatened malicious use of poisonous biological or chemical materials;
nuclear reaction or radiation or radioactive contamination;
seizure or destruction under quarantine or custom regulation, or confiscation by order of any governmental or public authority;
contraband, or illegal transportation or trade;
any dishonest act, including but not limited to theft, committed by you or any persons or entities retained by you to do anything in connection with Covered Property, unless such persons or entities are a FRC or Invitee and such act is done without your knowledge; or
lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.
the following conditions:
faulty workmanship, material, construction or design from any cause;
deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect;
Ordinary Wear and Tear;
settling, cracking, shrinking, bulging, or expansion of foundations, floors, pavements, walls, ceilings or roofs;
changes of temperature or relative humidity; or
damage caused by insects, animals or vermin (including pets);
provided, that any physical damage resulting from any of the conditions listed above will be covered by the PPO Guarantee if not otherwise excluded under the PPO Guarantee.
any losses, damages, claims, costs, expenses or other sums directly or indirectly arising out of or relating to mold, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This exclusion applies even if there is (i) any physical loss or damage to Covered Property; (ii) any peril or cause covered hereunder, whether or not contributing concurrently or in any sequence; (iii) any loss of use, occupancy, or functionality; or (iv) any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.
any fees that may be charged to a FRC Client(s) by a PPO for additional individuals invited to, or otherwise provided access to, the Covered Accommodation who are not included in the FRC Client(s)’s booking of such Covered Accommodation.
Costs arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate, any and all Electronic Data will not be paid. “Electronic Data” means information, facts or programs, stored as or on, created or used on, or transmitted to or from any Electronic Media. “Electronic Media” means computer software, including systems and applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used with, electronically controlled equipment.
IV. Conditions to the PPO Guarantee
In order to be eligible to obtain payment under these PPO Guarantee terms, you must fully comply with each of the following conditions. Your failure to fully comply will prevent your recovery of any Covered Losses. In all cases, the onus will be upon you to demonstrate that you have complied with the following conditions.
You must have incurred Covered Losses.
You must have used reasonable efforts in connection with the stay of FRC at such Covered Accommodation to comply with FRC’s safety guidelines as described at https://www.FRC.com/standards.
You must inspect the applicable Covered Accommodation to determine whether there are any physical losses or damages to any Covered Property and notify FRC of such losses or damages within the earlier of (i) fourteen (14) days following the date of termination of FRC’s booking of the applicable Covered Accommodation or (ii) the date by which the next subsequent booking of the same Covered Accommodation begins. You can notify FRC either by opening a claim in the Resolution Center or by contacting customer support directly.
For all Covered Property which is damaged or destroyed due to a violation of law or criminal act or misdemeanor and for which you are filing an PPO Guarantee Payment Request Form, you must file a police report listing such Covered Property and provide FRC with a copy of such report, certified by you as true and correct.
You must provide FRC with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to FRC.
Within thirty (30) days after you have incurred a Covered Loss, you must (i) complete and file an PPO Guarantee Payment Request Form and (ii) deliver a signed and sworn proof of loss to us, unless we provide a written extension of such deadline. The proof of loss must state your knowledge and belief as to the following:
The time, cause and origin of the Covered Loss, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
The ownership, leasehold or other interest of you and all other parties in the Covered Property for which Covered Loss is claimed.
The Actual Cash Value and replacement value of each item of the Covered Property, as well as the amount of such loss or damage to each item of such Covered Property.
All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.
Any changes in the title, use, occupation, location, possession, or exposures of the Covered Accommodation since the date of the Listing.
The identity of and other information known about FRC, any Invitee and any other party present at or using the Covered Accommodation where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Accommodation was being used by such parties on such date and whether or not it then stood on leased ground.
The date when you contacted FRC to request payment for the loss you are claiming, and the date on which FRC declined or failed to pay for the loss.
As part of the signed and sworn proof of loss described above, you must provide FRC with all information it reasonably requests in order to determine the Actual Cash Value with respect to Covered Property, including: the original purchase price of such Covered Property, the date such Covered Property was acquired, the condition of such Covered Property and the estimated cost of repair or replacement of such Covered Property.
You must (i) protect and preserve damaged Covered Property from further loss or damage and (ii) promptly separate the damaged and undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, and amount of loss claimed.
You must, as often as may be reasonably requested by FRC or its designees (i) exhibit all that remains of any damaged Covered Property and sign the written records of examination; (ii) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (iii) permit extracts and machine copies to be made of the above.
You must permit FRC or its designee(s) to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by FRC or FRC’s insurer to determine or warrant that damaged Covered Property is safe or healthful. We will have no liability to you or any other person because of any inspection or failure to inspect.
You must cooperate with FRC, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that FRC or its designees may require or request to process the applicable PPO Guarantee Payment Request Form.
With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss that reaches or exceeds fifty thousand US dollars (US $50,000), and provide FRC with a copy of such notice. If the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify FRC in writing of the lender/mortgagee’s request and transmit a written copy of said request to FRC, and provide all other information to enable FRC to communicate directly with the lender. If such loss is determined to be a Covered Loss, we will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and we will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied. This condition shall apply to the extent of applicable law in your jurisdiction.
You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged. You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold. If you determine that the Covered Property is unfit for reprocessing or sale, the property will not be sold or disposed of except by you or with your consent. Proceeds from the sale or other disposition of such Covered Property will go to (i) FRC’s insurer at the time of the Covered Loss settlement, or (ii) you if such sale or disposition proceeds are received prior to Covered Loss settlement and such proceeds will reduce the amount of the Covered Loss payable to you.
V. Disposition of PPO Payment Requests
PPO Guarantee Payment Request Form
FRC will complete its processing of any PPO Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an PPO Guarantee Payment Request Form, and (b) provided FRC with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the PPO Guarantee” above. In any event, we will use commercially reasonable efforts to complete processing of your PPO Guarantee Payment Request Form within three (3) months after our receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition to payment to you under the PPO Guarantee, you will be required to execute and deliver to FRC the “PPO Guarantee Approved Payment Request Agreement”, which includes your agreement:
to assign to FRC or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from FRC or from an Invitee or from any other party that is financially responsible for the Approved Payment Request;
to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you with respect to an Approved Payment Request from FRC or from an Invitee or from any other party;
to release and hold harmless FRC and its insurer and all officers, directors, employees, contractors and agents of FRC from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the PPO Guarantee Payment Request Form;
if requested, to treat as “confidential information” the amount of any payment made under the PPO Guarantee; and
to refund to us any amounts in excess of the Covered Loss in the Approved Payment Request as a result of a systems or payment processing error.
The duration of the processing period of any PPO Guarantee Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Covered Loss; (ii) the location of the Covered Accommodation; (iii) the nature of the Covered Property and the nature of the Covered Losses; (iv) the completeness and type of documentation and information that you provide FRC regarding the Covered Losses; and (v) the number of PPO Guarantee Payment Request Forms that are currently being processed for other PPOs.
Approved Payment Request
If you have filed an PPO Guarantee Payment Request Form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “Approved Payment Request”), you will be paid the amount of the Covered Loss as calculated by FRC or its designees. The process for such calculation of Covered Losses is described under “Determination of the Amount of the Covered Loss” below. You will be notified by FRC and, as a condition of payment hereunder, you will be required to deliver to FRC an executed Approved Payment Request Agreement. FRC may use third party service providers to assist in the processing of the PPO Guarantee Payment Request Forms and FRC or its designees may use third party service providers to assist in the investigation and adjustment of payment requests relating thereto.
For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, we reserve the right, in our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property. If an PPO Guarantee payment for all or a portion of such amount is made directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made pursuant to the PPO Guarantee, including without limitation any payments made directly to the owner of any Covered Property.
Determination of the Amount of the Covered Loss
The amount of Covered Losses will be computed as of the date of loss, at the location of the loss, and for not more than your interest, subject to the following:
On exposed films, records, manuscripts, drawings, and Electronic Media, the value blank plus the cost of copying information from back-up or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information or Electronic Data will not be paid.
On Fine Arts articles, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (ii) the cost to replace the article; and (iii) the current appraised value. If the Fine Arts article is part of a pair or set, you will not be paid (1) for the cost of replacing any undamaged or remaining items that form part of such pair or set, (2) more than the proportion that the loss or damaged item bears to the insured value of such pair or set, or (3) the cost of replacing or repairing any undamaged parts of the Fine Arts articles which form part of a pair, set or suite or part of a common design or function when the loss or damage is restricted to a clearly identifiable area or to a specific part.
For all Covered Property (other than that described in paragraphs 1 and 2 above), the loss amount will be the lesser of (i) the Actual Cash Value (assuming such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss); (ii) the cost to repair such damaged Covered Property; (iii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (iv) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; or (v) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment and Electronic Media, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement.
Any amount of any Covered Losses payable under the PPO Guarantee will be reduced by the amount already paid to you or for your benefit by a FRC, Invitee or other source (such as an insurer or other responsible party) for the same Covered Loss.
Covered Losses will be paid in the currency of the United States of America unless, in FRC’s sole discretion, FRC elects to pay losses in a different currency. If currency conversions are required, we use a system-wide rate, known as the base exchange rate, for currency conversion using data from one or more third parties, such as OANDA (www.oanda.com).
The PPO Guarantee is not an insurance policy. To the extent you desire protection beyond the PPO Guarantee, FRC strongly encourages you to purchase insurance that will cover you and your property for losses caused by FRC Client(s)s or FRC Client(s)s’ invitees in the event your loss is not within the terms of the PPO Guarantee.
VI. Acknowledgments and Agreements by the PPO
You acknowledge and agree that:
The PPO Guarantee is a guarantee of obligations of a FRC to you and is dependent upon you pursuing any rights and remedies you may have to recover amounts paid by FRC to you with respect to an Approved Payment Request from FRC or from an Invitee or from any other party that is financially responsible for the Approved Payment Request.
FRC provides PPOs with the PPO Guarantee benefits described herein solely for the purpose of promoting use of FRC Services by building customer loyalty and strengthening customer confidence as to use of FRC Services.
These PPO Guarantee terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you. Furthermore, these PPO Guarantee terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.
The benefits provided under these PPO Guarantee terms are solely as set forth in the paragraph entitled “PPO Guarantee” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.
FRC and/or its insurer reserve the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any PPO Guarantee Payment Request Form that you file with FRC, notwithstanding your delivery of all information and materials that you are required to provide FRC in order to comply with the conditions set forth in the paragraph entitled “Conditions to the PPO Guarantee.”
You acknowledge and agree that if you make a claim under this PPO Guarantee, you give FRC consent to review all communications between you and the allegedly FRC via FRC Services.
FRC reserves the right, at any time, to offset or deduct from the amounts payable or paid by FRC to you under these PPO Guarantee terms, any amounts that it may have in its possession, or to subsequently collect, from any other person or entity who is obligated to compensate you for losses or damages.
Because these PPO Guarantee terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with that Covered Property changes materially, FRC will be entitled to exoneration with respect to any potential guaranty obligation under these PPO Guarantee terms.
VII. Modification or Termination of PPO Guarantee Terms
To the extent permissible by applicable law in your jurisdiction, FRC reserves the right to modify or terminate these PPO Guarantee terms, at any time, in its sole discretion.
If FRC terminates these PPO Guarantee terms, FRC will provide you with notice by email at least thirty (30) days before such termination and FRC will continue to process all PPO Guarantee Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new PPO Guarantee Payment Request Forms will immediately terminate.
If FRC modifies these PPO Guarantee terms, we will post the modification on FRC Services at https://www.FRC.com/guarantee. FRC will continue to process all PPO Guarantee Payment Request Forms that you filed prior to the effective date of the modification.
In addition to and without limiting FRC’s rights set forth above in the immediately preceding paragraph, FRC reserves the right to modify or terminate these PPO Guarantee terms generally or in any jurisdiction, at any time, in its sole discretion, if: (i) these PPO Guarantee terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) FRC is required to obtain a license or permit of any kind to continue to provide these PPO Guarantee terms in any jurisdiction; or (iii) FRC determines or a court or arbitrator holds that the provisions of these PPO Guarantee terms violate applicable law. If FRC modifies or terminates these PPO Guarantee terms in accordance with the foregoing, FRC will process all PPO Guarantee Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.
FRC and/or FRC’s insurer have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under the PPO Guarantee by, or on behalf of, FRC, you will assist in and cooperate fully with FRC regarding any and all efforts at subrogation.
IX. Disclaimers and Limitations of Liability
If you choose to use FRC Services as a PPO, you do so at your sole risk. The PPO Guarantee is provided “as is”, without warranty of any kind, either express or implied.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of FRC Services, and your listing of any Property via FRC Services remains with you. Neither FRC nor any other party involved in creating, producing, or delivering FRC Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages for (1) personal or bodily injury or emotional distress arising out of or in connection with these PPO Guarantee terms, (2) from the use of or inability to use FRC Services, (3) from any communications, interactions or meetings with other users of FRC Services or other persons with whom you communicate or interact as a result of your use of FRC Services, or (4) from your listing of any Accommodation via FRC Services. FRC will not be liable for any such damages described above, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not FRC has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for FRC’s obligation to pay amounts to you pursuant to an Approved Payment Request under these PPO Guarantee terms, in no event will FRC’s aggregate liability arising out of or in connection with (a) these PPO Guarantee terms; (b) your use of or inability to use FRC Services including, but not limited to, posting a Listing, (c) any Accommodation and (d) your interactions with any other Members, exceed the amounts paid by FRC to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between FRC and you. Some jurisdictions do not allow the exclusion for certain limitations of liability, so the above limitations may not apply to you. If you reside outside of the U.S., this does not affect FRC’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
If you reside in the EU, FRC 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. FRC is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors or other vicarious agents. Essential contractual obligations are such duties of FRC in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of FRC is excluded.
X. Dispute Resolution and Arbitration Agreement
This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against FRC in the United States (to the extent not in conflict with Section 21 of FRC Service Terms).
Overview of Dispute Resolution Process. FRC is committed to participating in a consumer-friendly dispute resolution process. To that end, these PPO Guarantee terms provide for a two-part process for individuals to Section X.1 applies: (1) an informal negotiation directly with FRC’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section X). Specifically, the process provides:
Claims can be filed with AAA online (www.adr.org);
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The initial filing fee for the consumer is capped at $200;
The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and FRC each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact FRC’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
Agreement to Arbitrate. You and FRC mutually agree that any dispute, claim or controversy arising out of or relating to these PPO Guarantee terms or the breach, termination, enforcement or interpretation thereof, or to the use of FRC Services, the PPO Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and FRC agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement. You and FRC each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at http://www.adr.org/ or by calling the AAA at 1–800–778–7879.
Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, FRC agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and FRC both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
Modification of AAA Rules – Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, FRC agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Jury Trial Waiver. You and FRC acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
No Class Actions or Representative Proceedings. You and FRC acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and FRC both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
Severability. Except as provided in Section X.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Changes. Notwithstanding the provisions of Section VII (“Modification or Termination of PPO Guarantee Terms”), if FRC changes this Section X (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these PPO Guarantee terms (or accepted any subsequent changes to these PPO Guarantee terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of FRC’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and FRC in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these PPO Guarantee terms (or accepted any subsequent changes to these PPO Guarantee terms).
Survival. Except as provided in Section X.12 and subject to Section 15.8 of FRC Service Terms, this Section X will survive any termination of these PPO Guarantee terms and will continue to apply even if you stop using FRC Services or terminate your FRC Account.
XI. General Provisions
You agree to release, defend, indemnify, and hold FRC and its affiliates and subsidiaries, 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 the PPO Guarantee and these PPO Guarantee terms.
If you rent (rather than own) the Accommodation that you list as a Covered Accommodation, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the Accommodation. You are fully responsible for securing the lessor’s permission to list the Accommodation with FRC and complying with the scope of any permission granted.
These PPO Guarantee terms constitute the entire and exclusive understanding and agreement between FRC and you regarding the PPO Guarantee and these PPO Guarantee terms, and supersede and replace any and all prior oral or written understandings or agreements between FRC and you regarding the PPO Guarantee.
You may not assign or transfer these PPO Guarantee terms, by operation of law or otherwise, without FRC’s prior written consent. Any attempt by you to assign or transfer these PPO Guarantee terms, without such consent, will be null and of no effect. FRC may assign or transfer these PPO Guarantee terms, at its sole discretion, without restriction. Your right to terminate the Agreement with FRC remains unaffected. Subject to the foregoing, these PPO Guarantee terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by FRC via email, FRC Services notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which FRC transmits the notice.
Controlling Law and Jurisdiction
These PPO Guarantee terms will be interpreted in accordance with Section 21 of FRC Service Terms.
Waiver and Severability
The failure of FRC to enforce any right or provision of these PPO Guarantee terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FRC. Except as expressly set forth in these PPO Guarantee terms, the exercise by either party of any of its remedies under these PPO Guarantee terms will be without prejudice to its other remedies under these PPO Guarantee terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these PPO Guarantee terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these PPO Guarantee terms will remain in full force and effect.
XII. Contacting FRC
If you have any questions about these PPO Guarantee Terms, please email us.
These terms and conditions govern FRC’s policy for Guest or Member (“Guest”) refunds (“Guest Refund Policy”) and the obligations of the PPO associated with the Guest Refund Policy. The Guest Refund Policy applies in addition to FRC’s Service Terms (“FRC Service Terms”). The Guest Refund Policy is available to Guests who book and pay for an Accommodation through FRC and suffer a Travel Issue (as defined below). The Guest’s rights under this Guest Refund Policy will dictate be dictated by the Client Lease and this Guest Refund Policy.
All capitalized terms shall have the meaning set forth in the FRC Service Terms or Payments Terms (as applicable) unless otherwise defined in this Guest Refund Policy.
By using FRC’s Website as a FRC MEMBER and/or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.
1. Travel Issue
A “Travel Issue” means any one of the following:
(a) the PPO of the Accommodation (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 Accommodation (e.g. does not provide the keys and/or a security code).
(b) the Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:
the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
whether the booking for the Accommodation is for an entire home, private room or shared room, and whether another party, including the PPO, is staying at the Accommodation during the booking,
special amenities or features represented in the Listing are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or
the physical location of the Accommodation (proximity).
(c) at the start of the Guest’s booking, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in FRC’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed in the Listing.
2. The Guest Refund Policy
If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the FRC (“Total Fees”) depending on the nature of the Travel Issue suffered, or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features and quality. All determinations of FRC with respect to the Guest Refund Policy, including without limitation the size of any refund and the comparability of alternate Accommodations, shall be in FRC’s discretion, and final and binding on the Guests and PPOs.
3. Conditions to Claim a Travel Issue
To submit a valid claim for a Travel 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 Accommodation;
(b) you must bring the Travel Issue to our attention in writing (electronic mail being sufficient) or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the later of (i) the start of your booking or (ii) you discover the existence of the Travel Issue , and must respond to any requests by us for additional information or cooperation on the Travel Issue;
(c) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and
(d) unless FRC advises you that the Travel Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the PPO prior to making a claim for a Travel Issue.
4. Minimum Quality Standards, PPO Responsibilities and Reimbursement to Guest
4.1 If you are a PPO, you are responsible for ensuring that the Accommodations you list with FRC meet minimum quality standards regarding access, adequacy of the Listing description, safety, cleanliness, and do not present a Guest with Travel Issues. During a Guest’s stay at an Accommodation, PPOs should be available, or make a third-party available, in order to try, in good faith, to resolve any Guest issues.
4.2 If you are a PPO, and if (i) FRC determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) FRC either reimburses that Guest (up to their Total Fees) or provides an alternative Accommodation to the Guest, you agree to reimburse FRC up to the amount paid by FRC within thirty (30) days of FRC’s request. If the Guest is relocated to an alternative Accommodation, you also agree to reimburse FRC for reasonable additional costs incurred to relocate the Guest. You authorize FRC Payments to collect any amounts owed to FRC by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.
4.3 As a PPO, you understand that the rights of Guests under this Guest Refund Policy will control and supplement If you dispute the Travel Issue, you may notify us in writing (email being sufficient) or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.
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. FRC reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If FRC modifies this Guest Refund Policy, we will post the modification on the FRC website or provide you with notice of the modification and FRC will continue to process all claims for Travel Issues made prior to the effective date of the modification.
5.3 Entire Agreement. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between FRC and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between FRC and you regarding the Guest Refund Policy.