Terms and Conditions
Last updated: April 29, 2019
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with www.hoodbnb.com website (the "Service") operated by Hoodbnb B.V. ("us", "we", or "our").
Hoodbnb is an online platform designed to facilitate connections between a community of three types of members. Guests, Hosts and LBPs, where:
Guest(s): A customer who rents an apartment or room listed by a Host.
Host(s): A customer who post an apartment or room to be rented by Guest(s) (“Listing”). LBP(s): Local Business or Project which is beneficiary of Guests commissions. [A different account must be created to register a LBP and this account needs to be approved by Hoodbnb B.V.]
The purpose of Hoodbnb B.V is to function as an intermediary and facilitate the contact between these three types of members (Guests, Hosts and LBPs) for a common goal: Sustainability in tourism, housing and to fight the gentrification of our neighbourhoods.
Hoodbnb B.V. supports sustainability and fight gentrification by allocating half of its income or commission from Listings to LBP(s). Upon booking a Listing, Guests select among a pool of registered LBPs which LBP should be the beneficiary of half the commission. The beneficiary of this commission can be one or several LBP(s). Such half of the commission allocated to LBPs should be called: Funds.
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service, whether Guests, hosts, LBPs or otherwise.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
2. Using our services
If you wish to use our Services, you may be asked to supply certain information relevant to your reservation or Listing, including, without limitation, identification, your credit card number, the expiration date of your credit card and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any use of our services; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of your reservation, Listing or transactions, either to the apartment or room that you booked, or the selected LBPs you have selected as beneficiary of the Funds.
We reserve the right to refuse or cancel your reservation or Listing at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the Listing or service, error in your reservation or other reasons.
We reserve the right to refuse or cancel your reservation or Listing, or cancel your LBP account if fraud or an unauthorised or illegal transaction or activities are suspected.
3. Terms specific for LBPs
LBPs are the main benefactors of Hoodbnb B.V business model as Hoodbnb B.V fights gentrification. However certain eligibility criteria applies.
There are two types of LBPs who may avail themselves of Hoodbnb B.V. services, Profit LBPs and Non-Profit LBPs.
3.1 A profit LBPs are the local businesses. These LBPs can register themselves on the website selecting the specific type of account (LBP) and must wait for Hoodbnb B.V. to approve the LBP as possible benefactor of Funds. The approval is dependant on two factors:
- The business must be operative in the same neighbourhood for at least 10 years.
- The business may not be affiliated with or under control by any franchise or multinational enterprise.
To demonstrate that the business is opened for at least 10 years, while creating your LBP account with Hoodbnb B.V you will be required to upload an official document of business registration, from your city hall or your local chamber of commerce. Photographed or scanned documents are both valid as long as they are legible.
Any LBPs registration will require direct approval and may take up to 10 working days (Amsterdam, the Netherlands) until they appear on the website.
These requirements arise from Hoodbnb’s commitment to combat and challenge the negative aspects of tourism, gentrification and keeping the own identity of neighbourhoods.
3.2 Once approved, the profit LBPs will be visible to Guests renting Listings in a 5km radio around the location of such LBPs.
3.3 Profit LBPs are the only LBPs functioning with a voucher in order to receive Funds from guests. Vouchers are a code Guests receive in their e-mails after making a reservation; these vouchers have a value, the total of Funds the Guests have assigned to the selected LBP. Profit LBPs are obligated to provide Guests who want to pay with the vouchers from their Funds through Hoodbnb B.V.
3.4 Profit LBPs must always offer the same service, same price, and same quality to Guests paying with Hoodbnb B.V. Funds vouchers as to any other customer. It is the LBP responsibility to offer these equality guarantees between regular customers and Guests coming though Hoodbnb B.V. Any irregularity, incident, abuse, or denial of services to Guests coming through Hoodbnb B.V. can result in penalizations to this Profit LBP, included but not limited, to the termination of the account of this LBP with Hoodbnb. It is up to Hoodbnb B.V. to verify the veracity of any accusation, act as an intermediary between the two parties, and act accordingly with its values and purpose in a measurable way depending of the gravity of the incidence.
3.5 The refusal or incapability of providing the service offered by the Profit LBP, in the same amount, price, quantity, or quality, to Hoodbnb B.V. Guests, without any reasonable explanation will be seemed as fraud and will result in the permanent termination of the Profit LBP account with Hoodbnb B.V.
3.6 When a Guest selects a Profit LBP as the beneficiary of Funds, the Guest will receive a voucher for the value of the amount of money allocated. If the Guest just chooses one LBP as the benefactor of the guest Funds, the total value of those Funds (half of the total commission of Hoodbnb B.V.) will be automatically allocated to that only LBP.
If the Guests choose more than one Profit LBP the Guest will be able to allocate specific amounts of Funds to each LBP based on the free criteria of the Guest. The Guest will receive a different voucher for each LBP selected. This voucher is only valid and possible to be exchanged or used in the Profit LBP during the dates of the Guest staying in the Listing booked directly linked to these Funds.
3.7 The Profit LBP has a period of maximum 30 days to redeem this voucher through Hoobnb.com website.
3.8 Hoodbnb B.V. will be the benefactor of the total value of the Funds not redeemed by the LBP and any voucher not used by Guests in the selected Profit LBPs.
3.9 The second type of LBPs are the “Non Profit LBPs”:
Either private initiatives or publicly sponsored, these kind of LBPs will not self-register with Hoodbnb, but will by contacting Hoodbnb B.V. directly with a specific project, idea or cause to email@example.com
Non-Profit LBPs do not work by vouchers, but the Funds are destined directly to them through Hoodbnb B.V. as they do not offer a direct service to Guests.
There are several potential Non-Profit LBPs, each with certain corresponding eligibility criteria:
- Social spaces:
Organizing events and activities for the neighbourhood.
- Art projects:
- The artist must have the city where is registering the project as his/her city of permanent residence.
- The project must be done or exposed in the same city as the Listing.
- Ecological and environmental sustainability projects:
- New projects either social or technological related to the improvement and protection of the environment.
- Collaboration with current projects for the protection of the environment (for example, NGOs, clean energy companies, etc)
- Projects for the protection of the patrimony:
Projects related to the sustainability of tourism and its convivency with local patrimonial and monumental heritage. These projects must be related with a monument or yaciment nearby the city where it is being registered. These projects can be either particular, educative, organized by an NGO or governmental.
Other projects related to a problem or situation in the neighbourhood or region where it is being registered and in need of financing.
3.10 It is up within Hoodbnb’s discretion to decide whether a Non-Profit LBP fulfils the requirements and meets with the description of any kind of Non-Profit LBP mentioned in point 3.9, and whether to approve or deny any Non-Profit LBP application.
3.11 Once approved, Non-Profit LBPs will be shown to Guests while their booking process on a national level depending on where they are booking a Listing. Unlike Profit LBPs where they are only shown during this process in a 5km radius.
3.12 Any information or data submitted by a Non-Profit LBP, must be true and correct in all material respects, and it must remain as such after the approval from Hoodbnb B.V. IT is mandatory to inform Hoodbnb B.V. in case of any modification on this data or a change in any of the circumstances of the LBP. The totality of Funds destined to the Non-Profit LBPs must be used to the goals or purpose intended in this description. If the total or partial value of these Funds are not designated to its intended goals or purpose, will be understood as a fraud and will have as consequence the immediate termination of your Non-Profit LBP account. Any incidence, accusation or suspicion of fraud or inaccurate description of how the Funds receive by a Non-Profit LBP through Hoodbnb B.V will be checked, and Hoodbnb B.V. will take proportionate measures. It is up to Hoodbnb B.V. to determinate the severity of these measures depending of the gravity of the incidence.
3.13 By submitting your application for both types of LBPs you are agreeing with Hoodbnb B.V Terms and Conditions.
4. Terms specific for Hosts
4.1 By submitting you’re an apartment or room for Listings with Hoodbnb B.V., you are agreeing with our Terms and conditions and you acknowledged that you are legally entitled to post and rent your room or apartment through our website. You also acknowledged that you are aware of any local or national specific legislation related to the rental of apartments or rooms and that you comply with these specific legislations. In case that you do not comply with these laws or legislations and you still submit your apartment or room to be book through hoodbnb.com, Hoodbnb B.V holds no responsibility, financial or otherwise, for any Host not complying with any local legislation.
4.2 Due to Hoodbnb B.V. purpose, business model, goal and purpose there is one clear limitation for Listings:
Any Listing for a whole apartment must be done for a maximum of three months (period of time) per calendar year.
Such limitation does not apply for room Listings, for which the Host must be always living, and currently staying while the guest is as well staying in the apartment where is renting a room, otherwise it counts as a reservation for the whole apartment.
This limitation is due to the understanding of Hoodbnb B.V. of housing as a basic human right, not a speculation and profit subject. Hoodbnb B.V. purpose and goal is to be a useful tool for you to rent your apartment in a sustainable way while you are away.
By submitting your Listing to Hoodbnb B.V you are agreeing to this limitation.
4.3 Any effort to circumvent this limitation will result in all your accounts in Hoodbnb B.V immediately terminated, you will IP banned and your apartment will be added to our blacklist.
4.4 Any photo, information and address provided in your account on our website must conform with the reality. In the case of any incidence or suspicion or accusation of fraud Hoodbnb B.V will act accordingly measuring the gravity of the situation and may result with the termination of your account.
4.5 Hoodbnb B.V. may act as intermediary between Host and the Guest in case of any damage to property or incidence. An agreement must be reached between both parts. In the cases where one of the parts do not want to collaborate; penalizations from Hoobnb side may occur depending of each specific case and the gravity of the incident. Hoodbnb B.V is not responsible for any action or damage done to property by the guests during their stay.
5. Terms specific for Guests
5.1 Upon booking a Listing from a Host you are agreeing to a legally binding agreement with this Host to rent that Listing for the selected period of time. This legal binding can include specific rules from the Host, amongst them can be cancellation policy, conduct rules or property maintenance.
5.2 Hoodbnb B.V. expects from Guests an exemplar behaviour during you stay. Exemplar behaviour towards your Host, towards the rented property, and most especially towards the community and neighbourhood where the Guests is staying. Any suspicion of repetitive proven misconduct can lead to the termination of your account in Hoodbnb B.V.
5.3 You are responsible for any damage done to Listing’s property during your stay. Hoodbnb B.V may act as intermediary between you and the Host until both parts reach an agreement.
5.4 As the Guest that booked a Listing you are also responsible for any other Guest being your companion, and will be liable for their actions and behaviour during your stay.
5.5 The Funds allocated to Profit LBPs must be used, and are only valid during the period of your stay related to those Funds. To use those Funds you must bring the printed voucher that was previously sent by Hoodbnb B.V. that you received in your e-mail together with your confirmation e-mail after you completed your booking process. If you do not use those Funds within the period of your stay these Funds will be debited to Hoodbnb B.V.
If you wish to cancel a reservation you can do it through the “Dispute” button in your inbox.
Cancellation rules are the following:
If the guest cancels:
- With more than 7 days prior to arrival date: full refund minus the transaction fee, possible transaction costs related to the refund are non-refundable.
- With less than 7 days prior to arrival. No refund. Hosts receives their part and their calendar opens again for new bookings. Hoodbnb receives its part + the part destined to LBPs.
If the host cancels:
- More than 7 days prior to the guest's arrival: €50 fine to be deducted from their next payout + transaction fee. Their calendar will be blocked for the same period as the cancelled reservation.
- Less than 7 days prior to the guest's arrival: €100 fine to be deducted from their next payout + transaction fee. Their calendar will be blocked for the same period as the cancelled reservation. An automatic negative review will appear on the host's profile indicating a late cancellation.
The cancellation policy is based on calendar days and operates on Central European Time (GMT+1).
If you wish to cancel a reservation and not fall within the 7 days of arrival policy, you would need to cancel by 23:59 on the 7th day prior to arrival.
7. Reviews and Ratings
After the stay, both parts, Guest and Host will be able to publish a review about each other. Reviews are intended to give feedback about the Guest or Host for future bookings. Any review or rating with offensive or defamatory language in Hoodbnb sole discretion will be deleted. In no case opinions published through reviews or ratings are related to Hoodbnb B.V.
Reviews and ratings are publicly accessible for all Hoobnb B.V. website users
8. Hoodbnb.com website accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not select as a username the name of another person or entity or which is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
9. Errors and Inaccuracies
We are constantly updating our services. The products or services available may be described inaccurately, or unavailable, and we may experience delays in updating information on the service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including commissions, percentages, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
10. Contests, Sweepstakes and Promotions
Our Service allows you to post, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content owned directly by you or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
12. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Hoodbnb B.V. and its licensors. The Service is protected by copyright, trademark, and other laws of the Netherlands and any Host’s jurisdiction. Our trademarks and trade address may not be used in connection with any product or service without the prior written consent of Hoodbnb B.V..
13. Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Hoodbnb B.V.
Hoodbnb B.V. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Hoodbnb B.V. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
15. Limitation of Liability
In no event shall Hoodbnb B.V., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) as a Guest, any inaccuracy or mistake in the information provided by the host and any incidence or inaccuracy or mistake in the information provided by the LBPs or any incidence related with part or the total of the Funds destined to the (different) LBP(s) that you as a guest selected as beneficiary for this(these) percentage(s) during the reservation process; (v) as a Host, any damage to the property or any incidence with the guest; (vi) as a LBP, any incidence with the guest that chose you as a beneficiary of part or the total of the percentage of the commission (Funds) destined to LBPs, or any incidence, malfunction or error during the transactions of the mentioned Funds and (vii) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided by Hoodbnb B.V. without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Hoodbnb B.V. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
17. Governing Law
These Terms shall be governed and construed in accordance with the laws of Netherlands, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
19. Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org