Guest Terms of Service

These Guest Terms of Service (“Guest Terms”) apply whenever you book, pay for, or stay at a Listed Property using the Fairly Platform.  They are in addition to the General Terms of Service (“General Terms”) and form part of your agreement with Fairly Inc. (“Fairly”). Capitalized terms used but not defined in these Guest Terms have the meaning given in the General Terms.  The General Terms and the Privacy Policy are incorporated into these Guest Terms by reference.  These Guest Terms may be updated as described in the Changes section of the General Terms. Your continued use of the Services after an update constitutes acceptance. 

1. Bookings, Cancellations, and Modifications
   
   1. When you book a Listed Property (a “Reservation”) using the Fairly Platform, you agree to pay all charges for the Reservation, including the listing price, applicable fees, taxes, and any other items identified during checkout. You also authorize Fairly, or Fairly’s merchant processing partner or Channel Listing Partner to charge the payment method (e.g. debit card or credit card) provided to pay for the Reservation.
   2. Once you receive a Reservation confirmation from the Fairly Platform or its Channel Listing Partner, a contract is formed directly between you and the Owner of the Listed Property with respect to the use of the Listed Property. The terms of this contract include these Platform Terms and any other terms (including the cancellation policy), rules, policies, and requirements identified in the listing for the Listed Property (the “Listing”) or during checkout. It is your responsibility to review and understand all terms of the Reservation contract prior to booking a Listed Property.
   3. If you booked your Reservation through a Channel Listing Partner, then that Channel Listing Partner’s own terms may also apply. If any provision of the Channel Listing Partner’s terms differs from these Terms, then the provisions of the Channel Listing Partner terms will control to the extent of the conflict.
   4. If you cancel a Reservation, the cancellation policy included as part of the Reservation applies. If you modify a Reservation, you are responsible for any additional amounts, taxes, or fees associated with the modification.
   5. Fairly can cancel the Reservation on behalf of the Owner of the Listed Property if you are unable to provide a valid payment method to process Reservation deposits, modifications, or other payments, or if Fairly reasonably suspects that the reservation was made fraudulently or you have otherwise violated the Reservation contract.
   6. You authorize Fairly’s merchant processing partner or Channel Listing Partner to charge the payment method (e.g. debit card or credit card) used to book the Reservation to collect any damage claim amounts or other subsequent payments.

2. Guest Responsibilities and Assumption of Risk. If you are using the Fairly Platform as a Guest, you acknowledge and agree that:
   1. You are solely responsible for the acts and/or omissions of yourself and anyone you provide access to or invite to enter the Listed Property during the Reservation.
   2. You agree to comply with all applicable Laws during the Reservation, to leave the Listed Property in the same condition as when you arrived, and to pay any and all reasonable damage claims for any damage to the Listed Property caused during the Reservation.
   3. You agree to comply with all house rules identified in the Reservation for the entire duration of the Reservation, including maximum occupancy, any prohibition on smoking, and limitations on pets, events, and commercial activities.
   4. The minimum age to rent a Listed Property is twenty one (21). You acknowledge that you are over twenty one (21) and that any guests under this minimum age will be accompanied by someone older than the minimum age throughout the duration of the Reservation.
   5. You agree that your use of the Listed Property is on a temporary basis only. You agree to grant access to the Owner of the Listed Property or their designee during your stay on a reasonable basis, as such access might be necessary to resolve maintenance requests.
   6. You agree that, to the maximum extent permitted by applicable Law, you assume the entire risk arising out of your access to and use of the Listed Property and your use of the Fairly Platform.