BBOasis Services Agreement
Last Updated: July 6, 2023
Welcome to BBOasis. We have created an online marketplace to facilitate the discovery of exceptional spaces and the hosting of remarkable events. We have designed this Services Agreement to be easy to understand. Please take the time to read it carefully as it governs your use of our platform for booking and listing spaces, interacting with other users, and accessing our services.
Important Note: This Agreement includes provisions regarding class actions, jury trials, and binding arbitration in Section 4. Please carefully review the terms and conditions of this Services Agreement, including those related to disputes in Section 4. If you do not agree with all the terms and conditions, including the dispute resolution provisions in Section 4, you may not use our platform or services.
Throughout this agreement, the terms "BBOasis," "we," "us," and "our" refer to BBOasis, Inc., a privately owned company operating in the San Francisco Bay Area, Los Angeles, New York, Chicago, Austin, Seattle, and Washington D.C. Our headquarters are located at [Headquarters Address]. Please note that the contracting party will be the BBOasis entity in the jurisdiction where the space you are booking is located. For example, if you book a space in a Member State of the European Union, BBOasis (Netherlands) B.V. will be the contracting party.
Services Agreement
We offer a platform that connects users to book spaces and services, but we do not endorse specific guests, hosts, spaces, or vendors registered on our platform. Any designations or badges provided on the platform are based on available information, which may be provided by other users or third parties and may not always be accurate or up to date. Each user is independent, and hosts and vendors are independent contractors not affiliated with BBOasis. They are solely responsible for the quality, utility, and provision of spaces or vendor services.
This BBOasis Services Agreement ("PSA") is a contract between BBOasis and the user who registered with BBOasis ("User" or "you"). This Agreement describes the terms and conditions that apply to your use of the BBOasis marketplace for booking or listing spaces and other services through our website or apps. It governs your hosting of spaces for other users and establishes the obligations between you and BBOasis, as well as between you and other users.
This PSA is organized into 5 sections:
Section 1: General Terms includes terms related to your account, such as creating and managing your account, payments, communication, and termination or suspension of this Agreement or your account.
Section 2: Platform and Service describes how you may use the platform and service, and how we use the data you provide.
Section 3: BBOasis Services establishes the obligations of hosts and guests, including listing spaces, booking processes, expected behavior, payment responsibilities, and booking other services.
Section 4: Disputes and Binding Arbitration describes the process of resolving disputes. This section contains waivers of class actions and jury trials, and an agreement to submit all claims and disputes to binding arbitration. Please read this section carefully before accepting this Agreement. If applicable law allows, you may not use the platform or services if you do not agree to this section.
Section 5: Additional Legal Terms provides additional legal terms, including updates to this Agreement, disclaimers, limitations of liability, and specific terms for users outside the United States. It also includes other documents governing your use of the services, such as our Community Guidelines, COVID-19 Health & Safety Measures, Fees Overview, Privacy Policy, Property Damage Guarantee, and Cancellation and Refund Policy.
If you have any questions about this Agreement, please contact us. Your use of the platform or services constitutes your ongoing acceptance of this Agreement, as amended.
Section 1: General Terms
1.1 Services
(a) Platform Services. BBOasis provides a unique marketplace that offers various services ("Services") to its users. There are three types of BBOasis users: (1) guests, who use host services, vendor services, and/or concierge services (see Section 3.2 for guest-specific terms); (2) hosts, who offer host services to guests (see Section 3.1 for host-specific terms); and (3) vendors, who offer specific products or services to supplement guests' events. BBOasis connects all users through its platform ("Platform"), which serves as the online marketplace for users to connect, communicate, and transact with each other directly through "Bookings." We continuously improve the platform for all users and reserve the right to make changes in our discretion. Changes to the platform, including discontinuing certain features, may affect users differently, and we are not responsible for any adverse effects caused by such changes.
BBOasis is not the owner or operator of properties or spaces. Our responsibility is limited to facilitating the availability of services through the platform. PLEASE NOTE THAT THE SERVICES ARE INTENDED TO FACILITATE CONNECTIONS AMONG HOSTS, GUESTS, AND VENDORS FOR THE PURPOSE OF ARRANGING SPACES, HOST SERVICES, AND VENDOR SERVICES FOR BOOKINGS THROUGH THE PLATFORM. BBOASIS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE INFORMATION OR CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY BOOKINGS OR SPACES. ANY BOOKINGS ARE MADE OR ACCEPTED AT YOUR OWN RISK. HOSTS MUST SATISFY THEMSELVES WITH ANY GUEST(S) OR VENDOR(S) AND THEIR CREDENTIALS, AND GUESTS MUST SATISFY THEMSELVES WITH HOSTS AND THE HOSTS' SPACES. USERS SHOULD NOT COMPLETE, AND SHOULD IMMEDIATELY CANCEL, ANY BOOKING IF THEY FEEL UNSAFE OR UNCOMFORTABLE WITH ANY CONDITIONS RELATING TO THE BOOKING. YOU ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO USE THE SERVICES THROUGH THE PLATFORM DOES NOT ESTABLISH BBOASIS AS A PROVIDER OF HOST, VENDOR, OR ANY OTHER SERVICES.
(b) Host Services. Hosts may use our platform to offer specific spaces and related services to guests for a specific time and purpose. The details of each space, including availability, pricing, additional fees, rules, and other terms, are provided in a "Listing." Please note that BBOasis does not own or control the spaces listed and does not make decisions regarding whether to accept a booking. Hosts are solely responsible for their spaces, listings, and host services.
(c) Vendor Services. Vendors may use our platform to offer specific products or services to supplement guests' events. Please note that BBOasis does not provide or control any vendor services. Vendors are solely responsible for their vendor services. You acknowledge and agree that BBOasis shall not be responsible or liable for the conduct of third parties, including vendors, and that any risks arising from interactions with such third parties rest entirely with you.
(d) Concierge Services. BBOasis may provide a service to help guests coordinate the booking of vendor services (not provided by the host) for an event ("Concierge Services"). Concierge Services depend on a guest's unique needs and may include identifying specific vendors, scouting spaces, or assisting in event planning.
1.2 Using Our Services
(a) Eligibility. To access and use the platform, create an account, or utilize any of the services, you must be of legal age in your jurisdiction and able to enter into legally binding contracts. By using the platform and services, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use the platform. You are responsible for complying with all applicable export control laws in your jurisdiction. You also agree to comply with any rules or requirements applicable to your bookings, including the Rules outlined in any confirmation email. Additionally, you acknowledge and agree to comply with BBOasis's COVID-19 Health & Safety Measures. BBOasis may update or supplement these measures, so please review them frequently. BBOasis cannot guarantee or be held responsible for a user's failure to provide safe and sanitary services or accommodations or for any spread of infectious diseases resulting from the use of the services.
(b) Third-Party Services and Content. Our platform is connected to third-party services that BBOasis does not control or endorse. We are not responsible for any third-party services or service providers, such as hosts or vendors.
(c) Planning an Event. Our platform allows users to connect with third parties to plan events. Users have control over the availability, quality, and terms of their listings, host services, and vendor services. It is your responsibility to evaluate each guest, host, and vendor with whom you choose to contract or interact. BBOasis is not responsible for user-generated content or the quality of spaces, host services, or vendor services. We do not make representations or warranties regarding user conduct or interactions. While BBOasis reserves the right to conduct screenings on users, we do not do so in all cases.
(d) Bookings. When users enter into bookings with each other, they establish a direct contract. Any agreement you enter into with a host, guest, or vendor is between you and the relevant party. BBOasis is not a party to these contracts. You understand and agree that BBOasis does not act as an agent for any user, except as specified in Section 3.2 (Using Concierge Services) and Section 1.4 (Appointment of BBOasis as a Limited Collection Agent). Users are prohibited from using the BBOasis platform to facilitate contracts outside of the platform.
(e) Communication With BBOasis. By using the platform, you agree that BBOasis may contact you via telephone, text messages, electronic messaging on the platform, or email for various purposes, including marketing communication if you opt-in. You can opt-out of marketing communications at any time. You also consent to receive communications related to your account via text messages or other methods to fulfill contractual obligations. Standard rates may apply for mobile notifications. You may stop receiving mobile notifications by following the provided instructions. However, please note that critical messages related to your account may be missed if you opt-out.
(f) Communications With Other Users. The platform allows you to communicate with other users without disclosing personal data. You must use the platform appropriately and not engage in unwanted or unrelated communication, harassment, or spam. BBOasis is not responsible for any losses or harm resulting from sharing personal or sensitive data with other users or communicating with users outside the platform. BBOasis may remove communications containing personal data or suspend/terminate accounts that share personal data without notice. BBOasis is not liable for any loss or harm resulting from such actions.
(g) Compliance with the Law. You must comply with all applicable laws in your use of spaces, host services, vendor services, platform services, and concierge services. While BBOasis may provide information to help you understand your obligations, we are not authorized to provide legal advice. If you are unsure about complying with laws, seek legal advice. The term "Laws" refers to all applicable laws, regulations, ordinances, codes, rules, court orders, and private agreements.
(h) Contractual Disputes Between Users. BBOasis may facilitate dispute resolution but does not become a party to any contract. We are not responsible for liability arising from user interactions. Hosts, guests, and vendors are independent third parties, and their interactions with each other and other parties are solely their responsibility. BBOasis reserves the right to intercede in disputes but is not liable for any related damages. For more information on dispute resolution, refer to Section 4 (Dispute Resolution).
(i) Non-Circumvention. Hosts, guests, and vendors must not circumvent or bypass BBOasis's ownership interest in the information and services provided through the platform. Users agree not to conduct transactions introduced through the platform outside of the platform. Users breaching this provision may be liable to BBOasis for liquidated damages equal to 20% of the relevant booking amount. Liquidated damages serve as compensation, not penalties, for lost revenue share. Payment of liquidated damages is the breaching party's sole liability and BBOasis's exclusive remedy for such breaches.
(j) App Updates and Upgrades. You consent to receive updates or upgrades to the app automatically. The app may communicate with our servers, affect device preferences or data, and collect personal information as outlined in our Privacy Policy. We are not responsible if an update or upgrade affects app functionality due to device limitations. You can withdraw consent by contacting us under certain conditions.
1.3 Your Account
(a) Registration. To use the platform or services, you must create an account and provide accurate information about yourself or your company. You can create an account directly or through third-party services. If you register on behalf of a legal entity, you represent that you have the authority to bind that entity. Misrepresenting your affiliation may result in termination of your account, ineligibility for services, damages, and reporting to the appropriate authorities.
(b) Account Security. You must keep your account credentials (email and password) secure. You are responsible for all actions associated with your account, including those by your agents. We are not liable for unauthorized account use by your agents. Account assignment or transfer requires our prior written consent.
(c) Account Updates. You may be asked to update your account information or provide additional details, such as payment information. It is your responsibility to keep your account information up to date.
(d) Account Termination By You. You can terminate your account by notifying us. You remain responsible for any activity associated with your account before termination, such as payments, space usage, or other liabilities. Content may be retained and displayed after account termination. Termination does not end contractual arrangements with third parties.
(e) Account Termination By Us. We may suspend or terminate your account, at our discretion, without limitation. This may occur if we believe your account poses a risk, fraud is detected, you fail to respond to communications, or you breach this agreement or associated policies.
(f) Survival. Certain clauses of this agreement will survive termination, as reasonably determined by BBOasis.
1.4 Fees and Payments
(a) Fees and Payments. By using the BBOasis platform and services, you authorize BBOasis to charge you for the goods or services you receive. You are responsible for all charges incurred under your account, regardless of your awareness of such charges. BBOasis may revise charges for services at any time in its sole discretion. You may be charged directly by third-party service providers, and BBOasis will collect those charges on their behalf as a limited collection agent. Payment of such charges by you will be considered the same as if made directly to the third-party service provider. BBOasis reserves the right to collect payment and pursue remedies for any unpaid fees, damages, fines, or other sums for which you are responsible.
(b) Service Fees. BBOasis charges service fees to its users for the use of the platform services or for providing concierge services. Service fees are described in more detail on the BBOasis Fees Overview. BBOasis may alter or amend its fees at any time with reasonable notice.
(c) Host Charges and Additional Fees. Hosts charge fees for the use of their spaces or vendor services, as described in the listing and booking agreement. Hosts may also charge additional fees for host services, host add-ons, or cleaning fees. Guests are responsible for payment of additional fees if they exceed the specified use of a space or vendor services. Hosts must notify BBOasis of any guest exceeding the permitted use and request payment of additional fees. BBOasis will determine, on reasonable grounds, whether a host is entitled to receive additional fees.
(d) Most Favored Customers. Hosts and vendors agree to offer rates on the BBOasis platform that are equal to or better than rates offered through their own or any third-party booking channels. Any rules, restrictions, or policies applicable to spaces or services on the platform must not be more restrictive than those applicable to comparable spaces or services offered through other channels.
(e) Prepaid Fees. Certain bookings may require you to provide prepaid fees or a refundable deposit in advance. Fees and deposits will be identified prior to completing your booking. Deposits may be credited to your booking or returned when the space is returned in acceptable condition. BBOasis is not responsible for the return of fees or deposits held by hosts.
(f) Taxes and Fines. Hosts are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by taxing authorities related to listing or booking spaces or vendor services. BBOasis does not calculate, track, or pay taxes on your behalf. You are responsible for accurate calculation, timely remittance, and maintenance of required records for taxes owed. You are also responsible for any penalties arising from non-compliance. BBOasis may assist with the collection of taxes on behalf of hosts and may demand reimbursement from you for any taxes paid on your behalf.
(g) Payment. You are responsible for timely and full payment of all fees, taxes, fines, or other amounts owed under this agreement. If payment cannot be received through the platform, BBOasis may require alternative payment methods. BBOasis may set-off any amounts owed to us by collecting funds that would otherwise be payable to you through the platform. You are responsible for any costs associated with our recovery of owed amounts.
(h) Payment Processing. Payment processing services are provided by Stripe. Your use of payment processing is subject to the Stripe Connected Account Agreement. You authorize us to share your information with Stripe. BBOasis is not responsible for the safety or security of your payment information.
Appointment of BBOasis as a Limited Collection Agent. BBOasis acts as a limited collection agent for collecting payments from users on behalf of other users. Payments made by users through BBOasis are considered the same as payments made directly to the collecting user. BBOasis is responsible for remitting the funds to the collecting user. BBOasis does not assume liability for any acts or omissions of the collecting user.
Section 2: Platform and Service
2.1 Using the Platform
You are responsible for accessing the BBOasis platform and ensuring that all users accessing the platform through your account are aware of and abide by the terms of this agreement. BBOasis may require additional conditions or requirements for accessing and using the platform or specific features. Access to certain features may be subject to additional terms and conditions.
2.2 Ownership, License, and Restrictions
(a) BBOasis's Intellectual Property. BBOasis owns all rights, titles, and interests in the platform and services, including intellectual property rights. Users are granted a limited, non-transferable license to use the platform and services for the purposes described in this agreement. Users may not register, claim ownership in, or sublicense the platform or services. Reverse engineering or copying the platform or services is prohibited.
(b) Use of BBOasis's IP. BBOasis may provide logos or other digital media for users to advertise their spaces. Users agree to use such logos only for advertising their spaces and not in a manner that harms BBOasis's brand or reputation.
(c) Third-Party Rights. The platform may include services provided by third parties, and users' use of those services is subject to the terms of those providers.
(d) Downloading from the Apple App Store. If you download the BBOasis app from the Apple App Store, additional terms and conditions apply as outlined in the agreement between you and Apple, Inc.
2.3 Prohibited Uses
Users may only use the BBOasis platform and services for lawful purposes and in accordance with this agreement. Prohibited uses include violating any applicable laws, engaging in harmful or deceptive behavior, sending unsolicited or promotional material, impersonating others, or interfering with the platform's proper functioning.
2.4 Content on the Platform
(a) Posting Content. Users may provide information and content to the BBOasis platform, granting BBOasis a license to use and sublicense that content. Users are responsible for ensuring that the content they provide does not violate third-party rights. BBOasis may use the content for internal or external purposes.
(b) Accuracy of Content. Users must provide accurate and complete content and keep it current. BBOasis may validate the accuracy of content and request additional information to verify its accuracy. Failure to provide required information may result in account suspension or termination.
(c) Prohibited Content. Users may not post content that is defamatory, obscene, abusive, false, misleading, or violates applicable laws. Content containing viruses or harmful material is prohibited.
2.5 Social Event Policy
Users participating in social events must adhere to BBOasis's Social Event Policy. Violation of the policy may result in penalties, including account suspension or termination. Users are responsible for reviewing and complying with the policy.
2.6 Community Guidelines
BBOasis has established Community Guidelines that outline our expectations for all users of the Platform. It is important that you review and adhere to these guidelines whenever you use the Platform or Services, interact with other users, or utilize or offer Spaces. If you believe that another user is violating the Community Guidelines, please contact us. While BBOasis is not obligated to monitor users' compliance with or enforce the Community Guidelines, we will take appropriate action against any user found to be in violation. Please note that BBOasis assumes no liability for any user's violation of the Community Guidelines.
2.7 Copyright and Takedown Notices
If you believe that any posted Content infringes upon your copyright, contains fraudulent activities, scams, or harassment, please notify us at legal@bb-oasis.com. In your notice, provide specific details about the Content and include evidence of your copyright ownership or the authorization to enforce the rights of the copyright owner. You may also submit a certified takedown notice. We will internally review the alleged violations but may not send individual responses for each review. Any information you provide may be shared with other users, third parties, or law enforcement agencies to assess the claim of infringement or remove infringing content. We will promptly remove any content that we determine to be infringing, in compliance with the corresponding copyright legislation of the country where the content originated.
2.8 Feedback
We value your ideas, suggestions, and feedback that can help us enhance the Platform and Services. Any voluntary Feedback you provide to us becomes the property of BBOasis. By submitting Feedback, you grant us the right to use, register, modify, monetize, and make other use of the Feedback. You acknowledge that you will not receive any compensation for providing Feedback and agree to assist us in establishing our ownership over the Feedback if necessary.
2.9 Privacy; Data Security
(a) Privacy: BBOasis acts as the data controller for personally identifiable information (PII) collected through the Platform. PII refers to any data collected or obtained by BBOasis in connection with this agreement or through the Platform, which can identify, contact, or locate an individual or can be used to derive such identification. Examples of PII include names, addresses, email addresses, IP addresses, and phone numbers. Our practices related to PII collected through the Platform are disclosed in our Privacy Policy, which can be accessed at https://www.bb-oasis.com/legal/privacy. When a Host discloses PII in connection with a Booking or an Event, it is not considered a sale but an intentional disclosure required to fulfill a contractual obligation on behalf of the Guest or end-user. Neither party is considered a service provider, processor, custodian, or agent of the other party regarding the shared PII. However, if applicable Laws prohibit such disclosure, Hosts must obtain the individual's consent before disclosing the PII received from BBOasis. Each party is responsible for complying with relevant privacy and data security Laws. BBOasis may anonymize, pseudonymize, or aggregate information, including PII or Content, for purposes such as improving the Platform or Services or creating and distributing public marketing collateral, in compliance with applicable Laws.
(b) Data Security: Only authorized BBOasis personnel or contractors are permitted to access User PII, solely for the purpose of fulfilling the obligations under this agreement. In the event of a known or suspected security breach that may result in unauthorized use, access, disclosure, alteration, or destruction of PII, BBOasis will immediately notify affected Users. BBOasis will also promptly notify Users of any legally binding requests for PII disclosure by governmental authorities, allowing Users the opportunity to waive their rights or seek a protective order, unless prohibited by Laws. BBOasis represents and warrants that our collection, access, use, storage, disposal, and disclosure of PII collected while providing the Services comply with all applicable Laws. BBOasis complies with the Payment Card Industry Data Security Standard (PCI DSS) requirements for payment data, as prescribed by the PCI Security Standards Council. We ensure that any third party with whom we contract to process payments or store payment data is also PCI DSS compliant.
2.10 Support
We provide basic information to assist you in using the Platform and Services on our Support Site. While we strive to maintain accurate support information, please note that the Platform and Services are continuously evolving, and the information provided on the Support Site may not always be up to date. Although we may offer email or phone support occasionally, we cannot guarantee specific response times for support inquiries.
Section 3: BBOasis Services
3.1 Terms Applicable To Hosts
(a) Space Listings
When you, as a Host, make a Space available for Bookings on BBOasis ("List" a Space), you must provide all necessary details about the Space in the form of a description. This description should include information about the Space's usage, Booking cost, availability, facilities, current pictures, rules, and other relevant details regarding its potential uses and condition (collectively referred to as the "Description"). It is important that the Description accurately represents the Space and provides potential Guests with a reasonable understanding of how they can use the Space for their Event. Any terms or conditions mentioned in your Listing should not conflict with the terms of this agreement or BBOasis' policies, unless expressly permitted by BBOasis in writing. For example, you are not allowed to modify a Guest's financial responsibilities, restrict their recourse or restitution options, violate the Community Guidelines or Laws, or require Guests to make direct payments outside the BBOasis Platform.
(b) Permission to List and Book Spaces
By listing a Space, you represent and warrant that you have the necessary permissions under applicable Laws to list and confirm Bookings for the provided Spaces. The Spaces you offer must comply with all applicable Laws, and you must reasonably facilitate the use of a Space as booked by a Guest without obstruction. Hosts acknowledge and agree that they may only list or confirm Bookings for Spaces they own or for which they have explicit permission to list. Hosts further represent and warrant that they are authorized to enter into this agreement, including any requirements related to Listings, Bookings, Payment collection, or other Host-related terms. Additionally, you represent and warrant that any Listings you post, Bookings of Spaces, or a Guest's use of a Space will not breach any agreements you have with third parties, such as lease agreements, homeowners associations, property managers, or other relevant agreements. You agree to comply with all applicable laws, rules, regulations, restrictions, permits, licenses, registrations, or other terms related to the use of the Space.
(c) Bookings
Bookings are created when you accept a booking request, receive an acceptance to a custom offer you submitted to a Guest, or enable instant booking for your Listing. Bookings form a legally binding agreement between you and a Guest, requiring you to provide the Space and Host Services as described in your Listing and according to the agreed-upon terms. You also agree to pay the applicable Service Fees to BBOasis.
(d) Booking Price
As a Host, you are solely responsible for setting the Booking Price, which includes applicable taxes, cleaning fees, and Host Service Fees. Once a Guest accepts a Booking, you may not increase the Booking Price for that specific Guest. However, you can modify prices based on the addition or removal of Host Add-Ons before the Event. BBOasis may, at its sole discretion, refund a portion or the entire Booking Price to the Guest in accordance with its policies. In such cases, where BBOasis is required to refund the Guest, you will not receive the full Booking Price, and BBOasis will not be liable to you for the portion of the Booking Price that you do not receive.
(e) Space Conditions
It is your responsibility as a Host to maintain the Space and Amenities in a condition that allows Guests to reasonably use them as described in the Listing and Booking. Spaces and Amenities should be in good working order and provided to Guests in a safe, clean, and usable condition. Any plumbing, electrical, structural, or other physical deficiencies or defects must be either corrected or disclosed before you list a Space. Unless otherwise specified in a Booking Agreement, all water, electricity, HVAC, and other utility services (excluding telephone and data services) should be provided with the Space at no additional cost. The condition of the Space must be consistent with its portrayal in your Listings, and the Space should be clean and ready for use as described.
(f) Booking Agreements
In certain cases, BBOasis may require a supplemental Booking Agreement for your Listing, incorporating all or part of the Description, including a list of Amenities and additional terms and conditions. If required, the Booking Agreement will be an integral part of the binding agreement between you and the Guest, supplementing this agreement. Booking Agreements with supplemental clauses may not impose rules or limitations on use that are significantly different from those listed in the Description, introduce additional contractual obligations, or alter the liabilities of Guests or Hosts, unless explicitly approved by BBOasis.
(g) Recordings
During an Event, Guests may take photographs, film, or record activities in the Spaces and Amenities ("Event Recordings"). Unless expressly prohibited by Laws or as stated in the Description or Booking Agreement, you grant any Guest who Books your Space a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense the Event Recordings that may include or identify the Space or Amenities. Disputes between Hosts and Guests regarding unauthorized use of Event Recordings will be resolved according to the provisions outlined in Section 4.1.
(h) Surveillance
As a Host, if you have any security cameras, surveillance equipment, or recording devices in or around your Space, you must disclose this information in the Listing, even if the devices are not active or functional. You should also inform Guests about how they may be monitored if recordings are taking place. It is not permitted to have security cameras or recording devices in private spaces such as bedrooms or bathrooms, regardless of whether they have been disclosed. Private spaces do not include portions of a Space used for commercial purposes, such as a bedroom used for a photo shoot involving bedding.
(i) Conduct and Fees
As a Host, it is your sole responsibility to ensure that Spaces and Amenities comply with all applicable Laws, including alcoholic beverage laws and local ordinances related to the condition, licensure, or registration of Spaces for Guest use, as well as the payment of Taxes. BBOasis may require you to provide proof of compliance with Laws at any time as a condition for continued use of the Platform or Services. All Fees owed by Hosts are subject to the Fees Overview, Cancellation and Refund Policy. Hosts are liable for their own actions and omissions, as well as those of individuals working or residing in the Space at their request or invitation, excluding the Guest and any individuals invited by the Guest to the Space. If BBOasis determines, at its sole discretion, that a Guest is entitled to a refund according to this agreement, BBOasis' policies, or the terms of the Booking Agreement mentioned in the Listing, BBOasis may recover the refund amount from the Host. This may involve deducting the refund amount from future payments due to the Host.
(j) Event Preparation and Supervision
As a Host, you are solely responsible for preserving and protecting your Space and Amenities by securing valuable, vulnerable, or sensitive items. You must also determine the appropriate types and intensities of permitted uses in your Space, evaluate the suitability of potential Guests, and supervise and monitor the Space and Amenities during the Guest's use for the Event, as determined by you in your sole judgment. You have the right to terminate an Event or Booking at any time and without prior notice or refund if you determine that the Guest has materially misrepresented the proposed Event, the actual Event is not in compliance with the original Booking or the terms of this agreement, allowing the Booking to continue would jeopardize the safety or security of the Space, tenants, or residents, or the Booking creates an unreasonable noise, odor, nuisance, or disrupts the quiet enjoyment of the Space or your ability to conduct business operations.
(k) Provision of Alcoholic Beverages
If you sell alcoholic beverages, you represent and warrant that you hold a valid and current alcoholic beverage license that permits direct sales to consumers. You must comply with all alcoholic beverage laws and regulations and assume responsibility for the activities and orders of alcohol beverages made through BBOasis under this agreement. It is your obligation to maintain all necessary permits and licenses for the provision of alcoholic beverages and retain order records as required by applicable alcoholic beverage laws. You acknowledge and agree that orders will be fulfilled based on your legal rights under your alcoholic beverage licenses.
Section 3: BBOasis Services
3.2 Terms Applicable to Guests
(a) Bookings
Bookings are created when a Host accepts your booking request or enables instant booking for their listing. A Booking forms a legally binding agreement between you and the Host, subject to any additional terms and conditions provided by the Host in their listing, supplemental Booking Agreements, and other terms specified by the Host. The scope of your use of the Space, including timing, fees, and limitations, may be outlined in a separate Booking Agreement that incorporates the terms of this agreement. The Host reserves the right to terminate an Event or Booking at any time and without prior notice or refund if certain conditions are met, such as material misrepresentation, non-compliance, endangerment of safety or security, or disruption of the Space or its tenants.
(b) Booking Confirmation
To complete a Booking, you must have a valid Account and follow the booking process for the desired Space. Before making a Booking, it is recommended that you review the Space Description, applicable service descriptions, and availability. Some Spaces may require additional verification for confirmation, such as age verification for booking certain Spaces or purchasing alcoholic beverages. The applicable Fees and charges, including any Deposit, will be presented before completing the Booking. You are responsible for all associated Fees, charges, and Taxes. All Bookings are subject to BBOasis' Cancellation and Refund Policy.
(c) Limited Licenses for Bookings
© 2024 BBOASIS. All rights reserved
BBOASIS
